[Senate Hearing 112-317]
[From the U.S. Government Printing Office]
S. Hrg. 112-317
NOMINATION OF ERNEST MITCHELL, JR.
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HEARING
before the
COMMITTEE ON
HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
ONE HUNDRED TWELFTH CONGRESS
FIRST SESSION
__________
NOMINATION OF ERNEST MITCHELL, JR., TO BE ADMINISTRATOR, U.S. FIRE
ADMINISTRATION, FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF
HOMELAND SECURITY
OCTOBER 5, 2011
__________
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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 SCOTT P. BROWN, Massachusetts
MARK L. PRYOR, Arkansas JOHN McCAIN, Arizona
MARY L. LANDRIEU, Louisiana RON JOHNSON, Wisconsin
CLAIRE McCASKILL, Missouri ROB PORTMAN, Ohio
JON TESTER, Montana RAND PAUL, Kentucky
MARK BEGICH, Alaska JERRY MORAN, Kansas
Michael L. Alexander, Staff Director
Kristine V. Lam, Professional Staff Member
Jason T. Barnosky, Professional Staff Member
Nicholas A. Rossi, Minority Staff Director
Jennifer L. Tarr, Minority Counsel
Eric B. Heighberger, Minority Professional Staff Member
Trina Driessnack Tyrer, Chief Clerk
Patricia R. Hogan, Publications Clerk
Laura W. Kilbride, Hearing Clerk
C O N T E N T S
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Opening statements:
Page
Senator Lieberman............................................ 1
Senator Collins.............................................. 2
Senator Pryor................................................ 10
Prepared statements:
Senator Lieberman............................................ 13
Senator Collins.............................................. 15
WITNESS
Wednesday, October 5, 2011
Ernest Mitchell, Jr., to be Administrator, U.S. Fire
Administration, Federal Emergency Management Agency, U.S.
Department of Homeland Security:
Testimony.................................................... 4
Prepared statement........................................... 17
Biographical and financial information....................... 20
Responses to pre-hearing questions........................... 33
Letter from the Office of Government Ethics.................. 45
Response to post-hearing question for the Record............. 46
NOMINATION OF ERNEST MITCHELL, JR.
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WEDNESDAY, OCTOBER 5, 2011
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, Pryor, and Collins.
OPENING STATEMENT OF CHAIRMAN LIEBERMAN
Chairman Lieberman. The hearing will come to order. Good
morning, and welcome to this hearing on the nomination of
Ernest Mitchell, Jr., to be the Administrator of the U.S. Fire
Administration (USFA), which, of course, is within the
Department of Homeland Security (DHS).
The USFA was established in 1974. It is the primary Federal
agency addressing the needs of the Nation's firefighters with
the goal of reducing loss of life and economic loss due to fire
and related emergencies.
The USFA has a number of specific and important
responsibilities. It collects, analyzes, and disseminates data
and information on fire and other emergency incidents; and it
researches and develops fire prevention and fire safety
technology.
The agency also trains mid- and senior-level fire and
emergency medical services officers at the National Fire
Academy, and more recently online. Last year, the National Fire
Academy provided nearly 3,800 courses and reached more than
113,000 student firefighters.
USFA also assists the Federal Emergency Management Agency
(FEMA) in carrying out the Assistance to Firefighters Grant
(AFG) program and the Staffing for Adequate Fire and Emergency
Response (SAFER) grant program. I particularly appreciate this
as these grants provide critical assistance to local fire
departments and are very important to this Committee and
members of both parties on the Committee.
I can tell you that in Connecticut--and it is great to see
Chief Wall here--we have seen the benefits of these programs
time and time again as they have helped departments get much-
needed equipment, training, and staff to prepare for their
increased duties in responding to all sorts of disasters. Post-
911 and post-Katrina, I think what we increasingly see is not
just a local responsibility, but a regional or national
responsibility.
Chief, I am also mindful that you have been nominated for
this position at a time when our Nation's fiscal difficulties
have created real pressures to dramatically reduce funding for
just about all Federal programs. In this climate, USFA's
ability to provide timely and accurate information to Congress
and the public about emergencies and about our capacity to
respond to them takes on added significance.
Clearly, Chief Mitchell understands firefighting and the
needs of firefighters. I would take up a lot more time than
this hearing probably will if I listed all of his
qualifications for this office, but let me just touch on a few
highlights.
Thirty-three years ago, he started his career mapping
wildland fires at the Los Angeles County Fire Department and
later joined the City of Compton Fire Department where he
served as a firefighter, fire inspector, arson investigator,
fire captain, fire marshal, battalion chief, and then special
assistant to the city manager.
Subsequently, he served as chief of the Monrovia and
Pasadena Fire Departments, and in 2003 and 2004, he became the
president of the International Association of Fire Chiefs, a
very important organization representing nearly 13,000 fire
chiefs and fire emergency officers.
In the midst of all of this, Chief Mitchell also found time
to volunteer in his community with the American Red Cross, the
American Cancer Society, and the Salvation Army to just mention
a few of the ways in which this really great citizen has given
back to his community.
Chief Mitchell's nomination has been endorsed by the
International Association of Firefighters--we would really be
troubled if that endorsement was not forthcoming, but it is
enthusiastically before us--the International Association of
Fire Chiefs, and the National Fire Protection Association.
Chief, you clearly come before this Committee with a very
strong background and with a very strong set of supporters, and
that means a lot to us. We appreciate your lifetime of service
to our country and thank you for your willingness to take on
yet another chapter in this career of public service.
Senator Collins.
OPENING STATEMENT OF SENATOR COLLINS
Senator Collins. Thank you, Mr. Chairman.
America's firefighters play a vital role in the security of
our Nation. Whether it is in response to a terrorist attack, a
wildland fires, or a house fire in the community, America has
come to rely on our firefighters.
America's firefighters, whether professional or volunteer,
always answer the call. Stories of the heroism by these men and
women who risk their lives every day to save the lives of
others continually amaze me.
I am honored to serve along with Senator Lieberman as the
co-chair of the Congressional Fire Caucus. Recognizing the
importance of the position of the U.S. Fire Administrator, this
Committee elevated the position in 2006 as part of our landmark
Post-Katrina Emergency Management Reform Act.
The Fire Administrator is the steward of our Nation's
firefighters and is responsible for research, data collection
and analysis, and fire education initiatives.
In a report released last week, the U.S. Fire
Administration found that over the past 10 years, the overall
trend in fires declined by 18 percent. During the same time
period, there was also a 20 percent decline in civilian deaths
and a 22 percent drop in injuries.
We can be proud of this progress. Nevertheless, although
America's fire death rate is improving, it continues to be
higher than more than half of the industrialized countries in
the world. This is an issue that I want to discuss with our
nominee to explore his views on why that is the case and what
we may do about it.
Sadly, during the same time period, there have been an
average of 3,570 deaths and nearly 18,300 injuries per year.
The Administrator must work to improve these statistics, which
represent loss and pain to American families. We must also
continue to educate and train current and future generations of
firefighters.
As the Chairman has pointed out, so I will not repeat the
statistics, the USFA plays an important role in the
professional development of fire services personnel through the
National Fire Academy.
The Chairman and I have also been strong advocates for the
AFG and SAFER grant programs and earlier this year worked on
legislation to reauthorize them through the year 2016.
In 2008, we reauthorized the U.S. Fire Administration. In
this reauthorization, we updated the curriculum of the National
Fire Academy, expanded the range of firefighter training
programs, promoted the adoption of national voluntary consensus
standards for firefighter health and safety, and established a
fire service position at DHS's National Operations Center.
As I am sure you are aware, the U.S. Fire Administration is
up for reauthorization next year; and if our nominee is
confirmed, and I have every expectation that he will be, we
look forward to working with him on how to further strengthen
and improve the Fire Administration through that
reauthorization.
Again, I too am impressed with the background and
qualifications of our nominee, and I look forward to hearing
his response to questions today.
Thank you, Mr. Chairman.
Chairman Lieberman. Thank you, Senator Collins.
Chief Mitchell 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
Committee offices.
Chief Mitchell, as I believe you know, our Committee rules
require that all witnesses at nomination hearings give their
testimony under oath. So I would ask you to please stand now
and raise your right hand.
Do you swear that the testimony you are about to give to
this Committee will be the truth, the whole truth, and nothing
but the truth, so help you, God?
Mr. Mitchell. I do.
Chairman Lieberman. Thank you very much. Please be seated.
We now welcome an opening statement if you have one and, of
course, would also be happy to have you introduce relatives or
others who are here with you today.
TESTIMONY OF ERNEST MITCHELL, JR.,\1\ TO BE ADMINISTRATOR, U.S.
FIRE ADMINISTRATION, FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S.
DEPARTMENT OF HOMELAND SECURITY
Mr. Mitchell. Thank you. Good morning, Mr. Chairman and
Ranking Member Collins.
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\1\ The prepared statement of Mr. Mitchell appears in the Appendix
on page 17.
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It is indeed an honor to sit before you today as the
President's nominee to serve as the next U.S. Fire
Administrator and as a leader at the Federal level in response
to the challenges facing the Nation's fire services.
I would like to acknowledge my wife, Donnise, who has
agreed on many occasions for me to take on leadership
challenges that really occupy much of my time and energy. She
supports me throughout.
There are several officials here from the International
Association of Fire Chiefs. I would like to thank each and
every one of them for being here this morning and acknowledge
their presence.
We also have guests from the U.S. Fire Administration and
National Fire Academy that are here as well. Without going into
each name, I hope I am not overlooking anyone.
Chairman Lieberman. Thank you. We welcome all of you.
Mr. Mitchell. As I reflected on how I got here today, I
recalled that my passion to become a firefighter developed when
I was working for the Los Angeles County engineers, mapping
large wildland fires from fire department helicopters in the
early 1970s.
My desire to follow that calling has led me to serve in
many capacities, but this opportunity is the fire chief's
career topper, the chance to serve my country and the fire
service at the highest level.
During my 33-year fire service career, I served at the
local, State, and national level of fire service organizations.
I have had the honor of leading and serving as the fire chief
in both the City of Monrovia and City of Pasadena Fire
Departments in California.
At the regional level, I served as president of the
Foothill Fire Chiefs Association in Los Angeles and the Los
Angeles Area Fire Chiefs Association.
At the State level, I served as president of the League of
California Cities Fire Chiefs Department; and nationally, I
have served as the president of the International Association
of Fire Chiefs.
Since retiring, I have remained active by serving on
various boards of directors and advisory committees, such as
the Department of Homeland Security Science and Technology
Advisory Committee, the International Association of
Firefighters Hazardous Materials Advisory Committee, and the
International Fire Service Training Association Executive
Board.
These experiences and others have provided me with a
diverse breadth of knowledge and experience with local and
national emergency service related issues while also allowing
me to develop and maintain excellent working relationships with
fire service organizations across this country and with the
individuals who serve within them.
In addition to my fire service background, I have
administered citywide emergency management programs in both
Monrovia and Pasadena. I have also served on the boards of
directors of several not-for-profit community organizations.
These experiences have expanded and strengthened my ability
to work as a leader and as a community partner. I have worked
effectively within local nonprofit organizations and government
to enhance the overall quality of life in the communities in
which I have served. I value the opportunity to participate in
and make positive contributions to civic and professional
groups.
If confirmed as U.S. Fire Administrator, I will have the
opportunity to expand on my body of work and enjoy the added
honor of working to enhance our Nation's fire service for the
American people.
I believe my background and experience are ideally suited
for the position, and I believe I will bring a skill set to the
Fire Administration that will add value to the organization and
allow me to work effectively in advancing the achievement of
its mission and goals.
The mission of the USFA is to provide national leadership
to foster a solid foundation for local fire and emergency
services in prevention, preparedness, and response. This is a
tremendously important endeavor that I believe is best achieved
through meaningful collaboration.
If confirmed as U.S. Fire Administrator, I will work to
engage all agencies and organizations that may assist in
achieving the USFA mission, which may include other Federal
stakeholders, local, tribal, regional, and State governments,
fire service organizations, and other organizations whose
missions are complementary to the USFA or whose interests are
germane to a particular activity or consideration.
If confirmed, I will work to improve all programs and
services that enhance the fire service role of preparing for,
responding to, and mitigating incidents that have the potential
of causing harm to life, property, and the environment in the
United States of America.
I thank the Committee for considering my nomination as U.S.
Fire Administrator.
Thank you, Mr. Chairman, for the opportunity to appear
before you today. I am happy to answer any questions that the
Committee may have.
Chairman Lieberman. Thanks very much, Chief Mitchell, for
that excellent opening statement. I am going to start the
questioning with the standard questions asked of 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. Mitchell. No.
Chairman Lieberman. Second, do you know of anything
personal or otherwise that would in anyway prevent you from
fully and honorably discharging the responsibilities of the
office to which you have been nominated?
Mr. Mitchell. No.
Chairman Lieberman. And 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. Mitchell. Yes.
Chairman Lieberman. Thank you very much.
We will do a 7-minute round of questions now. As you know,
and as Senator Collins referenced, the authorization for the
USFA expires in 2012, and we expect to consider reauthorizing
legislation later this Congress. I wanted to ask you if you
have any thoughts about specific issues that we should be
addressing in the reauthorization of the USFA?
Mr. Mitchell. Thank you, Mr. Chairman.
There are, of course, the existing programs and mission
objectives that are set that I believe we would continue if I
am confirmed.
On the other side, I also know that the mission is evolving
and that there are a couple of initiatives that are now a part
of the Fire Administration that may need to be advanced or
expanded upon.
Primarily, where do we stand with the relationship to
emergency medical services and how do we go about that? And
also, with respect to the national preparedness system and the
Emergency Support Function No. 4, what level of participation
should the Fire Administration be engaged in? And so, I think
those things need to be looked at; and if confirmed, I would
work with staff and other Federal stakeholders and outside
agencies to discuss those issues.
Chairman Lieberman. That is a good list; if and when you
are confirmed, we would really welcome your involvement in the
reauthorization, based on all the experience you have had.
Over the last years, the USFA has seen a decline in its
budget, as you know. In fiscal year 2004, the budget was over
$57 million. By fiscal year 2011, the current year, it has
fallen to $45.5 million, and those reductions in the normal
course of the budget process now are likely to continue.
As I am sure you know, in its request for fiscal year 2012,
the Administration has asked for $42.5 million, which is
another $3 million decline.
Generally speaking, from what you know, what is the likely
impact of continued funding cuts on the USFA?
Mr. Mitchell. Mr. Chairman, without knowing the specific
impacts, I know that in my background I have worked with
declining revenues in local jurisdictions on many occasions,
and we have had to continue to tighten the belt. I see that is
going on all over government.
I know that the Fire Administration has been engaged in
trying to do things more efficiently. If I am confirmed, we
would seek to still do that. I also know that there is a point
where not even efficiencies and fine tuning will allow you to
continue with programs, and some decisions may have to be made
to eliminate programs.
And those are things that would need to be discussed with
the stakeholders inside the Federal Government and outside. We
would have to address priorities and make some tough decisions
but with a lot of consultation and based on what our priorities
are in the Federal Government and what they would be in our
national preparedness system in support of FEMA's efforts and
just take all of those into consideration.
Some of the steps that are being taken is how do we
maximize training and minimize those costs. And so, the Fire
Administration has moved in the direction to accentuate its
blended learning, and it is not just all on campus.
There are off-site courses. There is distance learning via
the Internet, and also there are opportunities to partner with
educational institutions and State fire training officers.
Those areas would probably need to be explored even more.
Chairman Lieberman. That is a good answer. Let me ask you
about two programs that mean a lot to the Committee and I know
a lot to firefighters, which are the AFG and SAFER grant
programs, which I think have been really successful programs.
But despite the successes, the programs have now been
targeted for budget cuts. The House in the fiscal year 2012
Homeland Security Appropriations bill would reduce funding for
these two programs from a total $810 million this year way down
to $350 million next year. That is a very steep cut. The Senate
Homeland Security Appropriations bill would also reduce funding
but much less, from $810 million to $750 million.
I just wanted to give you an opportunity, based on your
experience on the frontlines of firefighting, to give your
evaluation of the importance of the AFG and SAFER grant
programs to local fire departments and what would be the likely
impact on local firefighting services if, in fact, we cut, as
the House measure would, funding to less than half of what it
is now?
Mr. Mitchell. I could speak from my experience in the fire
service and my experience with the fire grants. I worked for a
department that received the Fire Act grant that was very
beneficial in allowing us to improve firefighter health and
wellness.
I also have worked as a peer grant reviewer in the Fire Act
grant program a few times and have seen firsthand or have read
what the needs are in the fire service.
There could be a very high degree of difficulty created for
many departments, especially the smaller departments with lower
budgets, where those hits are deeper for them.
At this point, we are trying to improve as a Nation in the
area of national preparedness and working together. The Fire
Act grants really do allow fire departments across the country
to get to a baseline level of readiness and to enhance the
ability to work together because of like training and like
equipment.
And so, that is really important to the country. I support
the Fire Act grants that the fire service supports. If I were
confirmed as U.S. Fire Administrator, then I would work within
the Federal system as an advocate to maintain that at the
highest level that we could.
And then, of course, when those levels are set, we will
work with all the stakeholders to get them the maximum that we
can get out of the actual grants themselves.
Chairman Lieberman. Very good. You come into this position
with such experience and credibility that one of the roles that
I hope you will take advantage of is the role of advocate
because I think you will command attention up here on Capitol
Hill where the decisions will be made.
These two programs have always had broad bipartisan
support, and I hope we can come to a point in actually adopting
the 2012 budget where we continue to have that broad bipartisan
support. I am confident that will be the case in the Senate.
My time is up. Senator Collins.
Senator Collins. Thank you, Mr. Chairman.
First, let me echo the Chairman's support for the AFG and
SAFER grant programs. I am delighted to hear that you will be
an advocate internally as the budget is put together.
Many times when we have nominees and ask them a question
like that they hedge their bets. It was nice to have a
straightforward answer from you in that regard on an issue that
matters so much to our firefighters throughout the country.
In my State, we have professional firefighters who work in
the cities but often live in small rural towns that have only
volunteer fire departments.
In 2004, you testified on the House side, and you were
asked a number of questions about that practice, about a full-
time firefighter who is working in a city volunteering perhaps
on his time off or her time off in a small town where the
individual may live and there is only a volunteer fire
department.
And you expressed some concern about that situation, and
you said that ``local chiefs need the ability to deny employee
participation in outside employment or activities that could be
in conflict with their primary employment.''
You went on to say that you had not chosen to prevent
firefighters from volunteering, but that if trends or data
developed that indicate that this becomes an issue, then you
might well act to prevent them from volunteering. There have
been some volunteer firefighters who have contacted me who have
been troubled by that testimony.
So, I want to give you the opportunity today to be very
clear on that point. Do you believe that employees should be
prohibited from volunteering during their free time?
Mr. Mitchell. No, I do not. Now, I would like to, of
course, give you the context for that response at the hearing
at that time.
Senator Collins. That would be helpful.
Mr. Mitchell. I support active firefighters volunteering in
their own communities. I have had career firefighters working
for me in other departments who did volunteer in the
communities in which they lived, and there was never any
prohibition against that.
At the time, I was representing the International
Association of Fire Chiefs in that hearing, and we were taking
the position about local control, and it really was not about
volunteerism.
It was about restricting an employee from outside work
activities because of some impact on his work, and on an
individual case-by-case basis, we believed that the fire chief
should have the ability to stop the outside behavior; and, yes,
that could include volunteering, but it would only be if an
individual had a job performance problem and it was tied to
volunteering.
For instance, if an employee was out on sick leave
regularly and you found that he was working in another job or
even volunteering in another community on those days, you would
want the ability to restrict that activity and address that.
That was what that was really about, not volunteering itself.
Senator Collins. The example you gave actually is troubling
to me because if a person is abusing sick leave, the issue is
to prevent the abuse of sick leave. It really is totally
separate from volunteering at a local fire department that is a
volunteer department.
Any abuse of sick leave, regardless of what employees were
doing when they claimed to be sick, should be troubling. But
the answer to me is not to ban them from volunteering. The
answer to me is to discipline them from abusing sick leave
regardless of what they were doing.
Mr. Mitchell. I would agree that it is about the abuse of
sick leave in that example; and I guess the case was, to expand
on it, if you prohibited whatever it is they are doing, if the
employees were to say, well, you are stopping me from
volunteering by doing that, then that would be their
contention.
The reason that it came up was a clause in the
reauthorization of the Fire Act that said if you discriminated
against someone from volunteering, you could be prohibited from
getting a grant, and it is not that you would be doing that,
but someone could make the allegation.
But the intention was really about outside work activities;
and when asked if volunteering could be one of those
activities, the answer was yes, but it is really about saying
you should stop whatever that is and not be doing that when you
were supposed to be here at work.
Senator Collins. Well, that is the issue. The person is
supposed to be at work and only using sick leave if he is ill.
If the person were off skiing, you presumably would not ban him
from skiing. If he was doing grocery shopping, you would not
ban him from grocery shopping nor should you be banning him
from volunteering.
The issue is, he is abusing sick leave, and it does not
matter what he was doing if he is not sick or caring for a
relative or doing something that is legal under the sick leave
policy. That should be the issue, not volunteering.
Mr. Mitchell. That is correct, and we would say stop doing
that on the days that you are supposed to be here at work. If
he was to contend, then you are restricting me, that was really
more of the issue and that was just an example.
They might make that allegation, but that is not the idea
behind it, and I would say I would never support banning
volunteers from volunteering.
Senator Collins. So that is the key issue then to wrap up
this question, if you are confirmed, would you pursue any
policies that would prevent employees of the U.S. Fire
Administration from volunteering during their free time or in
any way send a signal to fire departments across the country
that they should restrict volunteering appropriately on their
own time?
Mr. Mitchell. No, I would not.
Senator Collins. Let me just quickly ask you one final
question. You mentioned it in your statement about, if I may,
Mr. Chairman, the Emergency Support Function No. 4. It really
surprises me that the U.S. Department of Agriculture is
designated as the lead for the coordination of incidents
involving wildland, urban, and rural fires that need Federal
help.
To me, the fire service ought to be the lead in that area.
Now, I know there has subsequently been a Memorandum of
Understanding in 2006 that tries to clarify the roles, and it
does designate the Fire Administration as the lead agency for
coordination of the incidents that do not involve wildland
fires.
What are your thoughts on that? Should we have a clearer
designation here and strengthen the role of the Fire
Administration, which it seems to me ought to be the lead
agency?
Mr. Mitchell. Thank you, Senator.
At this point, I do not know to what extent those
conversations have taken place in the Fire Administration and
with FEMA and with the U.S. Forest Service. In Southern
California, I have worked with the Forest Service in wildland
fires, and we shared some boundaries, shared resource areas
that we jointly responded. We did unified command. We worked
together on addressing the problems.
At this point, the role of the U.S. Fire Administration is
to be the subject matter expert for those incidents outside the
forest. If I were confirmed, then I would like to have those
conversations and discussions to see if that should be expanded
upon because of the level of experience and knowledge that the
fire service brings to incidents other than fires in the
forest, and I think that would be an appropriate discussion.
Senator Collins. Thank you. Thank you, Mr. Chairman.
Chairman Lieberman. Thank you, Senator Collins.
Senator Pryor, good morning. It is all yours.
OPENING STATEMENT OF SENATOR PRYOR
Senator Pryor. Thank you. Thank you both for having this
hearing today, and thank you, Mr. Mitchell, for being here. I
just have a few brief questions. Senator Lieberman talked a
moment ago about the budget pressure that everyone is under in
this environment and how we are going to have to stretch our
dollars.
Are you familiar enough with the budget at the U.S. Fire
Administration to know if there are inefficiencies or programs
that do not really work? Are there ways that you can trim your
spending but not hurt the mission of the agency?
Mr. Mitchell. Thank you, Senator Pryor. No, sir, I am not
familiar enough at this point with the budget of the U.S. Fire
Administration to identify those types of possibilities.
I am familiar with some of the work of the U.S. Fire
Administration, the educational programs, the public
information and outputs for public education. I have observed
things to be done in an excellent manner.
If I were confirmed, I would right away sit with staff and
also stakeholders and examine what are we doing, how are we
doing it, what could we do better and more efficiently, and
discuss our priorities. But at this point in time, I do not
have any of that detailed information.
Senator Pryor. It seems to me that even though there is a
cost associated with the agency's mission, USFA could save a
lot of money by preventing fires and reducing the number of
fire-related injuries and deaths and could prevent property
damage from occurring.
One of the ways to do this is through mitigation. What are
your plans for mitigation? Maybe we are doing as much as we can
already. But are there any other mitigation strategies we can
use to try to prevent fires, injuries, deaths, and property
damage?
A moment ago, you talked about education, and obviously
that is a big component of what you do. But there are also
things like improving building codes and identifying unsafe
products. How involved do you think you should be in the broad
range of mitigation?
Mr. Mitchell. Senator, I believe that if confirmed as Fire
Administrator, I need to be actively and integrally involved in
taking a look at all of the practices at the Fire
Administration.
I think I could bring a fresh set of eyes to see if there
are other perspectives or things that could be improved upon.
But there would need to be a lot of dialogue with the staff,
the other fire service organizations, and our other Federal
partners to see what has been explored and what has not.
I would agree with you that prevention and mitigation are
more cost-saving than response. Are there ways we can do a
better job at that? Is there data that suggest other ways? And
we would just look to make as many improvements as we could but
with full inspection and a lot of work in those areas.
Senator Pryor. I just have one last question. Again, I am
curious about your role in product safety review. Right now,
products are reviewed by Underwriters Laboratories (UL) and the
National Fire Protection Association (NFPA) and maybe some
other entities that are not government organizations. They are
private sector and privately funded organizations. They deal
with the building requirements and safety requirements of
products and everyday materials.
Do you think that your agency should have a larger part in
safety standards review? Should USFA be working with
Underwriters Laboratories and the National Fire Protection
Association and even the Consumer Product Safety Commission on
fire prevention and fire safety standards?
Mr. Mitchell. Senator, I know that the U.S. Fire
Administration has relationships with those agencies you
mentioned currently and has been working with them.
I know for instance that there are members who sit on
technical committees with the NFPA for setting standards and
work actively with the National Institute of Standards and
Technology, the National Institute for Occupational Safety and
Health, UL, and partnering.
To what level and to what extent those roles are effective
and what those outputs are, that I do not know. But I know that
work is going on.
If I were confirmed, that would be part of what we would
investigate to see what level we are working at, what other
areas could we be working in. Those are potential resources to
enhance the overall safety of Americans, and I think that the
Fire Administration should investigate all of those.
Senator Pryor. Mr. Chairman, thank you.
Chairman Lieberman. Thanks, Senator Pryor.
Chief Mitchell, I think that concludes the questions that
we have to ask you. I thank you very much.
I want to note for the record that this could be a historic
moment; this could be the last time this Committee will
consider the nomination of a U.S. Fire Administrator because we
passed legislation earlier in the session, the Presidential
Appointment Efficiency and Streamlining Act, which is aimed at
reducing the number of presidential nominees that must go
through the whole confirmation process, and the USFA
Administrator is one of those.
Of course, the legislation is in the House, and it is
beyond our capacity, perhaps the capacity of anyone, to predict
what one chamber will do with another chamber's legislation.
But in any case, it will be a high point on which to
conclude the history of our hearings if this hearing on your
nomination is the last.
So, without objection, the record will be kept open until
noon tomorrow for the submission of any written questions or
statements for the record. We are making that a short time
frame because we would like to move you through the Committee
and onto the floor and hopefully through the Senate as quickly
as possible so you can begin your responsibilities.
Again, I thank you for your service over your lifetime and
for your willingness to serve in this national position. I
thank your wife and family for the support they have given you
and all of your friends from firefighting who are here to back
you up as well.
Senator Collins.
Senator Collins. Thank you, Mr. Chairman. I, too, am
impressed with the nominee and will join you in trying to move
his nomination forward for as expeditiously as possible. Thank
you.
Chairman Lieberman. Thank you very much.
With that, the hearing is adjourned.
[Whereupon, at 10:47 a.m., the Committee was adjourned.]
A P P E N D I X
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