U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

For sale by the Superintendent of Documents, U.S. Government Printing Office

Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800

Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001

51–022 PDF 2010

S. Hrg. 111–637 

NOMINATIONS OF IVAN K. FONG AND TIMOTHY 

W. MANNING 

HEARING 

BEFORE THE

COMMITTEE ON 

HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

OF THE

ONE HUNDRED ELEVENTH CONGRESS 

FIRST SESSION 

NOMINATIONS OF IVAN K. FONG TO BE GENERAL COUNSEL, U.S. 

DEPARTMENT OF HOMELAND SECURITY, AND TIMOTHY W. MANNING 

TO BE DEPUTY ADMINISTRATOR FOR NATIONAL PREPAREDNESS, FEDERAL EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF 

HOMELAND SECURITY 

APRIL 30, 2009 

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

Printed for the use of the 

Committee on Homeland Security and Governmental Affairs 

( 


ph44585 on D330-44585-7600 with DISTILLER
(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

JOSEPH I. LIEBERMAN, Connecticut, Chairman 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK L. PRYOR, Arkansas 

MARY L. LANDRIEU, Louisiana 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

ROLAND W. BURRIS, Illinois 

MICHAEL F. BENNET, Colorado 

SUSAN M. COLLINS, Maine 

TOM COBURN, Oklahoma 

JOHN MCCAIN, Arizona 

GEORGE V. VOINOVICH, Ohio 

JOHN ENSIGN, Nevada 

LINDSEY GRAHAM, South Carolina 

MICHAEL L. ALEXANDER, Staff Director 

KRISTINE V. LAM, Professional Staff Member 

BRANDON L. MILHORN, Minority Staff Director and Chief Counsel 

JENNIFER L. TARR, Minority Counsel 

TRINA DRIESSNACK TYRER, Chief Clerk 

PATRICIA R. HOGAN, Publications Clerk and GPO Detailee 

LAURA W. KILBRIDE, Hearing Clerk 


ph44585 on D330-44585-7600 with DISTILLER
(III) 

C O N T E N T S 

Opening statements: Page 

Senator Lieberman ........................................................................................... 1 

Senator Akaka .................................................................................................. 11 

Prepared statements: 

Senator Lieberman ......................................................................................... 23, 27 

Senator Collins ................................................................................................. 25 

Senator Voinovich ............................................................................................. 29 

WITNESSES 

THURSDAY, APRIL 30, 2009 

Hon. Jeff Bingaman, a U.S. Senator from the State of New Mexico ................... 1 

Hon. Sherrod Brown, a U.S. Senator from the State of Ohio .............................. 2 

Ivan K. Fong to be General Counsel, U.S. Department of Homeland Security . 5 

Timothy W. Manning to be Deputy Administrator for National Preparedness, 

Federal Emergency Management Agency, U.S. Department of Homeland 

Security ................................................................................................................. 15 

ALPHABETICAL LIST OF WITNESSES

Bingaman, Hon. Jeff: 

Testimony .......................................................................................................... 1 

Brown, Hon. Sherrod: 

Testimony .......................................................................................................... 2 

Fong, Ivan K.: 

Testimony .......................................................................................................... 5 

Prepared statement .......................................................................................... 31 

Biographical and financial information .......................................................... 36 

Responses to pre-hearing questions ................................................................ 54 

Letter from the Office of Government Ethics ................................................. 104 

Responses to post-hearing questions for the Record ..................................... 105 

Manning, Timothy W.: 

Testimony .......................................................................................................... 15 

Introduction statement submitted by Senator Tom Udall ............................ 30 

Prepared statement .......................................................................................... 113 

Biographical and financial information .......................................................... 117 

Responses to pre-hearing questions ................................................................ 128 

Letter from the Office of Government Ethics ................................................. 174 

Responses to post-hearing questions for the Record ..................................... 175 


ph44585 on D330-44585-7600 with DISTILLER

ph44585 on D330-44585-7600 with DISTILLER
(1) 

NOMINATIONS OF IVAN K. FONG AND 

TIMOTHY W. MANNING 

THURSDAY, APRIL 30, 2009 

U.S. SENATE,

COMMITTEE ON HOMELAND SECURITY

AND GOVERNMENTAL AFFAIRS, 

Washington, DC. 

The Committee met, pursuant to notice, at 10:02 a.m., in room 

SD–342, Dirksen Senate Office Building, Hon. Joseph I. Lieberman, Chairman of the Committee, presiding. 

Present: Senators Lieberman and Akaka. 

OPENING STATEMENT OF CHAIRMAN LIEBERMAN 

Chairman LIEBERMAN. Good morning. The hearing will come to 

order. I want to apologize to the nominees and my colleagues who 

are here because I was held up at a previous meeting. I apologize 

for being late. And I decided on the walk over that my penitence 

for this tardiness would be that I would not force Senators Bingaman and Brown to hear my opening statement, though we will 

send copies of it to your offices because I know you are interested 

in reading it. 

But, anyway, I thank you for being here, and if it is OK, we will 

go to Senator Bingaman for the introduction and then to Senator 

Brown. 

TESTIMONY OF HON. JEFF BINGAMAN, A U.S. SENATOR FROM 

THE STATE OF NEW MEXICO 

Senator BINGAMAN. Well, thank you very much, Mr. Chairman, 

for letting me participate in your hearing and introduce Tim Manning. 

He is President Obama’s nominee for Deputy Administrator for 

National Preparedness at the Federal Emergency Management 

Agency (FEMA). He is currently the State Director of New Mexico’s 

Department of Homeland Security. Before that, he was the Director 

of the Governor’s Office of Homeland Security. Before that, he was 

our State Director of Emergency Preparedness. And prior to all of 

those positions, he has had many other very impressive jobs, as a 

firefighter, emergency medical technician, rescue mountaineer, hazardous materials specialist, and hydrogeologist. 

He was raised just outside of Chicago and received his bachelor’s 

degree in geology from Eastern Illinois University. In 1994, he 

moved to New Mexico. He has lived in our State since then with 

his wife, Sarah, and their daughter, Katie. 


ph44585 on D330-44585-7600 with DISTILLER
2 

Since coming to New Mexico’s Department of Homeland Security, 

he has met and exceeded all expectations. He has proven himself 

as a true professional. He is obviously extremely steeped in the 

needs of our State and has had the occasion, while serving in our 

State government, to respond to natural disasters of all kinds. So 

I think he is extremely well qualified for this position for which the 

President has chosen him, and he will serve the Nation extremely 

well in this new role at FEMA. 

Obviously, New Mexico will be sorry to see him leave, but we 

think, for the good of the country, it is an excellent appointment. 

So thank you again for letting me introduce Mr. Manning, and 

I hope your Committee is able to recommend him to the full Senate 

for confirmation quickly. 

Chairman LIEBERMAN. Thank you, Senator Bingaman, for an excellent introduction. 

Senator Brown, welcome. 

TESTIMONY OF HON. SHERROD BROWN, A U.S. SENATOR 

FROM THE STATE OF OHIO 

Senator BROWN. Thank you, Mr. Chairman. This is my first time 

in front of your Committee. It is a pleasure to be here. 

I am thrilled to introduce Ivan Fong, the nominee for the position 

of General Counsel at the Department of Homeland Security 

(DHS). Particularly with the way things are in our country today, 

it is an especially important appointment, and I am honored to introduce him. I had the pleasure of meeting Sharon, Caroline, and 

Caitlin a moment ago, and also Mr. Fong’s parents and brother-inlaw, and it seems like a wonderful family. They live in Dublin, 

Ohio. We are, as Senator Bingaman said, in his case with Mr. 

Manning, sorry to see him leave the State. We hope to convince his 

family to stay in Ohio also, but that is certainly their decision. 

Ivan’s qualifications for this job are solid and clear. Let me give 

you a brief snapshot. He is currently the Chief Legal Officer and 

Secretary for Cardinal Health, which is the single largest company 

in my State. It is located in the Columbus area. He has had a history of public service. When he was in the private sector, he lived 

in the Chairman’s State. 

His history of public service, he was Deputy Associate Attorney 

General for the Department of Justice (DOJ) during the Clinton 

years. He played a key role in civil litigation and enforcement matters. He has testified before Congress on issues such as Internet access to chemical safety information, online pharmacies, and electronic signatures in contracting. Most importantly, or equally importantly, he was the primary author and editor of a ground-breaking report on cyber crime policy titled ‘‘The Electronic Frontier: The 

Challenge of Unlawful Conduct Involving the Use of the Internet.’’ 

He returned after his service in the government to the private sector and has held positions with both General Electric and Cardinal 

Health in Columbus, as I said. 

Ivan holds bachelor and master of science degrees in chemical 

engineering from the Massachusetts Institute of Technology (MIT), 

his law degree from Stanford, and he was a Fulbright scholar at 

Oxford in the United Kingdom. I could go on. You get the picture. 

He clearly is ready for this job to face these challenges. His experiVerDate Nov 24 2008 12:09 Oct 18, 2010 Jkt 051022 PO 00000 Frm 00006 Fmt 6633 Sfmt 6633 P:\DOCS\51022.TXT SAFFAIRS PsN: PAT

ph44585 on D330-44585-7600 with DISTILLER
3 

ence as a litigator, a manager, and an expert in cyber security and 

other emerging security issues will enable him to well serve that 

agency and, most importantly, the people of our great country. 

I recommend him to you, Mr. Chairman, and hope the Committee will quickly recommend him to the full Senate for confirmation. Thank you. 

Chairman LIEBERMAN. Thanks, Senator Brown. 

The two of you have spoken very eloquently about the two nominees. These are two extraordinarily well qualified nominees for the 

positions for which they have been nominated, and I must say, 

though I know some people have found some of President Obama’s 

nominations to be controversial for policy matters, generally speaking, I think the quality of the nominees has really been very high, 

and that is certainly true of these two. These two people may actually be qualified for the position for which they have been nominated. This is reassuring. 

Senator Bingaman and Senator Brown, I know you have busy 

schedules. I thank you for taking the time. Your testimony and introduction matters a lot to the Committee, and we will certainly 

understand if you have to depart. Thank you. 

We are going to proceed first with Mr. Fong’s nomination, so I 

will ask Mr. Manning to drop back. Am I seeing double over there? 

[Laughter.] 

You are confusing me a little. This holds real potential for the 

way in which you can be handling double crises at the same time. 

You will explain that when we come to you, Mr. Manning. Thank 

you. 

We are going to move now to the nomination of Ivan Fong. I do 

want to state for the record that Senator Collins, the Ranking 

Member, who rarely misses a meeting or a hearing, has a conflicting hearing before the Appropriations Committee with Secretary Gates, I believe, and she sends her regards to the two nominees and her regrets not to be here. 

Ivan Fong has been nominated to serve as General Counsel of 

the Department of Homeland Security. As I indicated, he has an 

impressive record both academically and professionally and a 

breadth of experience that will serve the Department of Homeland 

Security and the General Counsel’s office very well. He has both a 

bachelor’s and a master’s degree in chemical engineering from MIT, 

where he was elected to Phi Beta Kappa. He received his Doctor 

of Jurisprudence with distinction from Stanford Law School and 

was president of the Stanford Law Review. He was a Fulbright 

scholar at Oxford University, clerked for Federal Appeals Court 

Judge Abner Mikva and Supreme Court Justice Sandra Day O’Connor. That is quite a curriculum vitae. 

After a period at the law firm of Covington and Burling, Mr. 

Fong joined the Clinton Administration Justice Department as a 

Deputy Associate Attorney General where he oversaw civil litigation, environmental matters, and technology issues. As Senator 

Brown indicated, he was the principal author of a seminal report 

on cyber crime titled ‘‘The Electronic Frontier: The Challenge of 

Unlawful Conduct Involving the Use of the Internet.’’ 

Mr. Fong returned to the private sector after his DOJ experience, 

I am pleased to say, living for a few years in Connecticut and workVerDate Nov 24 2008 12:09 Oct 18, 2010 Jkt 051022 PO 00000 Frm 00007 Fmt 6633 Sfmt 6633 P:\DOCS\51022.TXT SAFFAIRS PsN: PAT

ph44585 on D330-44585-7600 with DISTILLER
4 

ing for a great company, General Electric, and most recently serving as the Chief Legal Officer at Cardinal Health, which is a Fortune 20 company. We are grateful that you are now willing to return to public service. The position of General Counsel is obviously 

a critical one at the Department, and the challenges and issues you 

will confront are likely to be as diverse and varied as the challenges faced by the Department as a whole. 

Yesterday, Secretary Napolitano was before us to testify about 

the Department’s central role, really designated by statute and 

Presidential directive as the incident manager for such events for 

the entire Federal Government, and there are important and, I 

would say, fascinating ethical, governmental, and legal questions 

that are raised by this current H1N1 flu epidemic. 

First and foremost, the General Counsel, of course, must advise 

the Secretary and manage the legal functions of the Department. 

But the General Counsel must also ensure that the fundamental 

rights of the American people are protected as the Department carries out its mission. 

The General Counsel also occupies a central position with respect 

to the relationship and interaction between the Department and 

Congress. The General Counsel must counsel the Secretary on how 

the laws Congress passes should be interpreted and implemented 

and also has an important part in guiding the Department’s interactions and relationships with the other Federal agencies and 

departments with which it partners to keep us all secure. Good 

lawyers help their clients reach their goals quickly and with a minimum of risk. But I think you know, Mr. Fong, that the mark of 

a great lawyer is not just the desire ‘‘to get to yes,’’ but to do so 

with the courage and wisdom to know also when to say no. 

Indeed, the responsibilities of—and burdens placed upon—a lawyer in government service are different from those in the private 

sector, and I speak here as one who was privileged for 6 years to 

be the Attorney General of Connecticut. The private sector lawyer 

has the luxury, so to speak, of being singularly focused on his or 

her client’s needs. The government lawyer has the obligation to 

look beyond the immediate needs of the agency and to consider the 

broader public interest and the fidelity to the laws of the country. 

From all that I know about you, I am confident, Mr. Fong, that 

you understand these responsibilities and will carry them forward 

as the General Counsel at the Department. 

Let me now proceed to some formal parts of the hearing. Ivan 

Fong 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. 

Mr. Fong, our Committee rules require that all witnesses at nomination hearings give their testimony under oath, so I would ask 

you at this time if you would 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? 


ph44585 on D330-44585-7600 with DISTILLER
5 

1The prepared statement of Mr. Fong appears in the Appendix on page 31. 

Mr. FONG. I do. 

Chairman LIEBERMAN. Thank you very much. Please be seated. 

I would welcome an opening statement and, at whatever time you 

feel appropriate, the introduction of the family that you have with 

you today. 

TESTIMONY OF IVAN K. FONG 1 TO BE GENERAL COUNSEL, U.S. 

DEPARTMENT OF HOMELAND SECURITY 

Mr. FONG. Thank you, Mr. Chairman. Let me also thank Senator 

Brown for his warm introduction and for his support, as well as 

that of Senator Voinovich, who I understand could not be here 

today. 

It is a great honor and privilege for me to be here this morning 

as the nominee to be the General Counsel of the Department of 

Homeland Security. I thank the President and Secretary 

Napolitano for their confidence in me, and I thank the Committee 

for taking up this nomination. 

I also want to thank and recognize members of my family, without whose love and support I would not be here today. First and 

foremost, I owe an immense and immeasurable debt of gratitude to 

my wife, Sharon, who has sacrificed greatly and supported me in 

all that I have done, to allow me to be here before you today. 

Although our oldest daughter, Kelley, who is away at college in 

California, is unable to be here today, I am grateful that our 

younger two daughters, Caitlin and Caroline, are able to be here 

to share in this event. I am so very proud of all of them, and they, 

like my wife, will be sacrificing in their own ways to allow me to 

pursue this significant opportunity for public service. 

I also want to introduce a few other members of my family who 

are here, including my parents, Jeffrey and Elizabeth Fong, both 

of whom are career civil servants with the National Institute of 

Standards and Technology, and from whom I learned the values of 

education and hard work, a love of learning, and the importance 

of giving back to one’s community. My brother-in-law, Cliff Ty, is 

also here, as well as a number of others whose friendship and support mean so much to me. 

I believe that public service—and, in particular, service to one’s 

country—is among the highest of callings. I also believe that protecting the security of the American people is of singular importance—and one of the greatest challenges we face as a Nation 

today. And it is precisely that mission and challenge that brings 

me here today: The opportunity to work with the dedicated men 

and women of the Department who perform their duties, day in 

and day out, with diligence and professionalism; the opportunity to 

collaborate and coordinate with other Federal agencies in the broad 

work of the Department in achieving our shared mission of preventing, protecting against, responding to, and recovering from terrorist incidents and natural disasters; and the opportunity to partner with State, local, international, and private sector representatives to protect our critical infrastructures and to help prepare for 

and respond to disasters of all kinds. 


ph44585 on D330-44585-7600 with DISTILLER
6 

As you know, the General Counsel is the chief legal officer of the 

Department. It is a weighty responsibility and one that I take seriously. If confirmed, I pledge to work tirelessly to build upon the 

progress that has been made to strengthen the Department and to 

help it to be successful in achieving its goals. 

My unique blend of professional experiences prepares me well, I 

believe, for this role. As you indicated, I bring over two decades of 

experience as a lawyer and litigator in private practice, as a Deputy Associate Attorney General with the Department of Justice, 

and as a general counsel and chief legal officer of large, complex 

organizations in the private sector. These positions have given me 

broad substantive experience in litigation and regulatory law, legal 

and policy experience in areas such as privacy and cyber security, 

and leadership skills directly related to the responsibilities of the 

chief legal officer of the Department and the mission of homeland 

security. 

Those experiences have brought me here today, where I believe 

the role of General Counsel is a natural extension of the positions 

I have previously held. 

Specifically, I believe that the position of General Counsel has 

three principal components: 

First, the General Counsel is primarily responsible for providing 

legal advice and support to the Secretary, her senior leadership 

team, and the Department as a whole. Much of the day-to-day legal 

advice and services are, of course, provided by the career legal 

staff, who not only have the specific substantive experience, but 

who also give that advice in the context of the operational realities 

associated with implementation of the Department’s programs. My 

role, if I am confirmed, would be to ensure that the legal advice 

given is as sound as possible, that I apply my best professional 

judgment, and that legal services are provided in a timely and responsive manner. 

Second, the General Counsel, working through the lawyers in the 

Department, also helps ensure that the Department complies with 

applicable laws and regulations, including laws protecting civil 

rights, civil liberties, and privacy. I share this Administration’s 

commitment to protecting our security while also protecting the 

civil rights, civil liberties, and privacy rights of all Americans. I do 

not take those important commitments lightly. Indeed, not only do 

I believe that they are not incompatible, but I also believe that 

while protecting both our security and our values is difficult, it is 

precisely our country’s commitment to rise to that challenge that 

makes us different. In the same vein, given the importance, in our 

constitutional system of government, of congressional oversight 

over the Executive Branch, I also believe the General Counsel has 

an important responsibility to facilitate full cooperation in providing appropriate access to the information Congress needs to fulfill its legislative and oversight responsibilities. 

Third, the General Counsel is responsible for leading and managing the Department’s lawyers and legal staff, helping them to be 

as effective and efficient as possible, and promoting a culture in 

which they are trusted problem-solvers, proactive advisers, and 

strategic partners to those whom they support. I believe my experiences as a chief legal officer will help me, if I am confirmed, comVerDate Nov 24 2008 12:09 Oct 18, 2010 Jkt 051022 PO 00000 Frm 00010 Fmt 6633 Sfmt 6633 P:\DOCS\51022.TXT SAFFAIRS PsN: PAT

ph44585 on D330-44585-7600 with DISTILLER
7 

municate a clear strategic vision for the legal department; align the 

legal department around a common set of goals and objectives; promote integration of the headquarters and component legal departments; and recruit, develop, and retain outstanding legal talent at 

all levels of the organization. 

In addition, I believe the General Counsel can also play a broader role in helping foster a more unified DHS by coordinating crossfunctional and cross-component efforts, streamlining program implementation, and forging department-wide solutions to shared 

challenges. 

I would like to close by making two points. First, growing up in 

an immigrant family, I believe I have a special appreciation for the 

American dream. The opportunity to serve as DHS General Counsel is, for me, the fulfillment of the best that this country has to 

offer. It is a powerful proposition: That with hard work, perseverance, education, the support of family and friends, and no doubt 

some luck, I now have an opportunity to give back, in a small but 

significant way, to the country that has given me and my family 

so much. 

Second, I want to close by reiterating how deeply honored I am 

to have been nominated for this position and to appear before this 

Committee today. I am humbled by the challenges that lie ahead, 

though I am confident that under Secretary Napolitano’s leadership and with your assistance and support, we will work together 

to meet those challenges. 

Indeed, this Committee has shown extraordinary leadership in 

creating and standing the Department up during its formative 

years, and I know that there is extensive expertise here. If confirmed, I look forward to working collaboratively and constructively 

with this Committee, and I will do my level best to ensure that the 

Department works closely with you. 

Thank you again, Mr. Chairman, for this opportunity to appear 

before you, and I would be pleased now to answer any questions 

you may have. 

Chairman LIEBERMAN. Thank you very much, Mr. Fong, for an 

excellent opening statement. I was thinking, as you mentioned the 

word ‘‘luck,’’ that my mother, who also came from an immigrant 

family, always told my sisters and me that luck comes to those who 

work hard for it. And I would guess that is the case with you. 

I am going to start my questioning with the standard questions 

we ask 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. FONG. No. 

Chairman LIEBERMAN. Second, 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. FONG. 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. FONG. Yes. 


ph44585 on D330-44585-7600 with DISTILLER
8 

Chairman LIEBERMAN. Thank you. We will now go to the questions. Let me begin with a broad question. Your office is going to 

have a very wide array of challenges competing for its attention— 

threats to critical infrastructure, a growing sense and awareness of 

threats to our cyber networks, potential vulnerabilities on mass 

transit at our ports, preventing weapon of mass destruction (WMD) 

attacks, obviously responding to natural disasters now, being involved in the response to a flu epidemic, perhaps a pandemic, border security, immigration matters, and on top of all that, the challenge of managing 1,700 lawyers dispersed among the many components of a still new and very large Department. 

So, if confirmed, what will be your top priorities? What issues do 

you intend to focus on first? 

Mr. FONG. Thank you, Mr. Chairman, for highlighting, I think, 

one of the significant challenges of any of these senior roles within 

the Department of Homeland Security given the breadth of issues 

that it faces. I would say that my primary priority will be, first, 

to learn as much as I can about the Department and the issues 

that you have articulated. I believe that working closely with the 

Secretary and the senior leadership team that she has assembled 

will be very important to allow me to align the mission and goals 

that I will be developing for the legal department so that, as you 

said earlier, the lawyers can give advice informed by the issues 

that the Department will be facing. 

In addition, I believe that protecting our security is perhaps the 

greatest issue, and I include within that the cyber security issues 

that have been the subject of much discussion recently. Obviously, 

the H1N1 flu issues are very critical this day and age. In addition, 

securing our borders remains a priority for the Secretary. As you 

know, the Southwest border violence issues have not gone away. 

And there are many others. 

So I agree with you that there will be many balls to juggle, but 

I believe also that my experiences have given me the confidence to 

know that, working with others, I will be able to prioritize and 

focus, I believe, on the most critical issues that the Department 

faces. 

Chairman LIEBERMAN. Good. Let me ask you a related question, 

but different. We all understood when we created the Department 

of Homeland Security that there were clear advantages which motivated us to bringing a lot of different departments together to coordinate our response to emergencies and disasters, natural and 

unnatural, to prevent them and also to be ready to respond, but 

that we were bringing together 22 different agencies that had different histories—indeed, you might say different cultures. 

As you have prepared to assume this position—and, again, going 

back to the 1,700 lawyers—what is your sense of whether the General Counsel’s office has made progress integrating the attorneys 

from across the Department? And if confirmed, what steps would 

you take to advance that process? 

Mr. FONG. Senator, I believe that the legal department has the 

advantage of having had more integration than other parts of the 

Department. As you may know, because the General Counsel is the 

chief legal officer, the prior Administration had an organizational 

structure in which virtually all the lawyers in the Department reVerDate Nov 24 2008 12:09 Oct 18, 2010 Jkt 051022 PO 00000 Frm 00012 Fmt 6633 Sfmt 6633 P:\DOCS\51022.TXT SAFFAIRS PsN: PAT

ph44585 on D330-44585-7600 with DISTILLER
9 

port up to the General Counsel. And so I believe that we are a step 

ahead in that sense, but I also believe that there is still great opportunity to further integrate the lawyers into a more cohesive and 

unified whole. And my experiences in particular at General Electric 

and Cardinal Health have given me experience doing precisely 

that. General Electric has many components, but under the leadership of then-General Counsel Ben Heineman, there was very much 

a sense that it was one legal department. 

Likewise, when I arrived at Cardinal Health, Cardinal Health 

had grown through acquisitions, and so there were components of 

Cardinal Health that were also relatively siloed and not used to 

working with the rest of the organization. And I believe we made 

great progress in unifying the company and its lawyers through 

principally, I would say, three means. 

The first is for the leader to set a clear vision—I think that is 

very important—so that everyone in the organization understands 

the direction where the group or the team is headed. 

Second, I believe it is important to communicate a strategy. How 

is the team going to get there? 

And then, third, what are the priorities so that everyone is 

aligned on some common goals? Otherwise, each of the components 

will have its own goals, and there is more of a likelihood that different parts of the organization will be going in different directions. 

I know it is a tall order, given the size and the breadth of the 

Department, but I know Secretary Napolitano and the Deputy Secretary and the rest of the senior leadership team is committed to 

forging a more unified Department of Homeland Security. And I 

certainly will contribute to that goal. 

Chairman LIEBERMAN. That is excellent, and it is a good reminder that the lawyers in the General Counsel’s office all report 

up to the General Counsel, though in different agencies, and I wish 

you well in that. 

Let me go on. The Government Accountability Office (GAO) and 

the Department’s Inspector General (IG) play a really crucial role 

in assessing the Department’s operations, and they are also important in advising Congress and helping Congress fulfill our oversight obligations, as obviously we are, in the Senate side, the oversight committee of the Department. 

Unfortunately, the Department and the General Counsel’s office, 

in particular, have in the past received poor marks for the level of 

cooperation provided. GAO has told us that of all the departments 

and agencies with which it works, DHS has been the slowest to respond to routine requests and is the most frequent to inject lawyers 

in the process. 

The Inspector General has in the past reported similar problems, 

though more recently they tell us that is improved. And I must say 

that the Committee itself has had a couple of rounds with your 

predecessors as General Counsel in the Department. 

So I want to ask you whether you will commit to reviewing the 

Department’s policies for working with the GAO, the IG, and, in 

fact, this Committee—and, of course, our colleagues in the House— 

to streamline them to the maximum extent practicable and thereby 

obviously achieve a goal of having better, more open, more transparent relationships. 


ph44585 on D330-44585-7600 with DISTILLER
10 

Mr. FONG. Mr. Chairman, I very much believe in the importance 

of congressional oversight in our system of checks and balances. I 

fully commit to reviewing the management directives relating to 

the Department’s interactions with the GAO. As you may be aware, 

the management responsibility for interactions with GAO now resides with the Under Secretary for Management. I will, as indicated, if confirmed, review the procedures by which the Department responds not only to the GAO but also to the Inspector General and this Committee to make sure that we are facilitating appropriate access to the information that the GAO or the IG or this 

Committee needs. 

I further will, if confirmed, encourage others to cooperate. I believe in full cooperation, and I believe my experience and record in 

private practice indicates that in analogous situations, I believed 

that it was important to have a dialogue to understand what it was 

that was being requested so that the lawyers could play a constructive role in identifying which witnesses actually may be helpful in 

determining or obtaining the information and which documents 

were going to be the most relevant. 

It is true that there are circumstances in which lawyers must be 

present or must review documents to preserve classified or national 

security law enforcement-sensitive information. But I also believe 

that a process of accommodation will allow the GAO or the IG or 

this Committee to obtain the information it needs without compromising those interests. 

Chairman LIEBERMAN. Well said. Thank you. One last question, 

and then I will yield to Senator Akaka. I know you have this unusually relevant background in cyber security with the book that 

I mentioned and the work that you have done. We are in a moment 

now in history when there are a couple of realities we are dealing 

with. The first is that it is very clear that our governmental and 

private sector cyber systems are under constant attack from a wide 

array of antagonists, from individual hackers to foreign governments, to organized crime groups, to terrorist groups. 

And the second reality, unfortunately, is that our defenses, both 

in the Federal Government and in the private sector, are inadequate to the task—that is to say, the attackers always seem to be 

a step or two ahead of us. 

During a hearing that we held on this subject just 2 days ago, 

we heard testimony that the U.S. Computer Emergency Response 

Team (US-CERT), the operational arm of the National Cyber Security Division within DHS, did not have sufficient authority to fulfill 

its mission to protect both Federal and private networks. In one instance, we received testimony that the US-CERT did not even receive responses from any Federal agencies when they were attempting to determine how badly the .gov networks had been affected by a recent so-called worm. That obviously is unacceptable. 

So some of the problem here rests with the legal authority of USCERT, which is in the process of entering into agreements with 

other agencies to monitor their networks. 

This Committee feels very strongly that the Department of 

Homeland Security has a unique and centrally important role in 

cyber security as we beef up under the President’s leadership our 

resources here. And I wanted to ask you what steps you believe the 


ph44585 on D330-44585-7600 with DISTILLER
11 

Department should take to fulfill this role and how you, as General 

Counsel, intend to help. 

Mr. FONG. Mr. Chairman, I share this Committee’s view that 

cyber attacks and cyber security are some of the most important, 

if not the most important, challenges that the Department and this 

country face from a security standpoint. I believe the threats are 

real and that they are serious. 

If confirmed, I will do everything I can to ensure that we improve 

our capabilities, our preparedness, and our ability to prevent, detect, and respond to cyber attacks. If confirmed, we will work with 

the other Federal agencies, with this Administration, which, as you 

know, recently completed a 60-day review on this topic; and if confirmed, I will look forward to working closely with those individuals 

to implement the recommendations from that study. 

I recognize the Committee’s views regarding the Department of 

Homeland Security’s leadership role, and I agree that there should 

be clarity and coordination, drawing upon the expertise of the other 

Federal agencies, ensuring that US-CERT and other components 

have the legal authorities they need to get the job done. So the 

steps I would take would be to review the recommendations from 

the President’s recent study, to review the legal authorities of the 

relevant Department of Homeland Security components to make 

sure that we are able to, as I said, do everything possible to prepare for and respond to these kinds of attacks and make sure that 

we have the capabilities. 

I believe that this is an area where the challenges are not going 

to be solved overnight. It is going to take time and resources and 

expertise. But I am also confident that the Department has the capability to achieve leadership in this role. 

Chairman LIEBERMAN. Thanks very much. I hope, as you begin 

your review, that when you see areas particularly related to cyber 

security where you think the Department needs additional statutory authority, you will feel comfortable in working with the Committee on that. My own reaction—and I think it is shared by Senator Collins—is that as we ramp up both with resources, now that 

the President has recommended dollars be increased, but also in 

response to this 60-day review that Melissa Hathaway did, we will 

probably want to act legislatively to give you some additional authority, and obviously, we want to work with you as General Counsel in that regard. 

Mr. FONG. Thank you. 

Chairman LIEBERMAN. Thank you very much. 

Senator Akaka, I am delighted that you are here. Senator Akaka 

is one of the senior Members of the Committee, but obviously a 

young man—certainly young at heart and mind. 

OPENING STATEMENT OF SENATOR AKAKA 

Senator AKAKA. Thank you very much for those remarks, Mr. 

Chairman. I want to thank you for holding this hearing. 

And I also want to congratulate you, Mr. Fong, on your nomination, and I want to welcome you here to the Committee, and also 

welcome your family and your friends and your supporters who are 

here with you this morning. 


ph44585 on D330-44585-7600 with DISTILLER
12 

I want to tell you that I appreciate reading about you and also 

listening to what you are saying today because many things that 

you are espousing here is music to my ears, and I am so glad to 

hear you say them. 

As you know, during the last Administration, the General Counsel’s office often seemed to view oversight as an unnecessary burden instead of a useful way of improving government programs. 

And I am encouraged by your statement on the importance of congressional oversight, and if confirmed, I hope you will encourage 

greater transparency and accountability throughout the DHS. 

Additionally, I want to note that I appreciate your emphasis on 

protecting civil rights, civil liberties, and privacy rights, along with 

the security of all Americans, as well as your view that collective 

bargaining rights can help Federal agencies run as effectively as 

possible and focus on their missions. This is refreshing to me, and 

I welcome your perspectives. 

Mr. Fong, DHS hires approximately one-quarter of new employees through the Federal Career Intern Program. This allows the 

Department to keep employees on probation for an extra year and 

to bypass the standard competitive hiring process, which includes 

veterans’ preference and other protections. The intern program is 

intended to help agencies develop employees needing in-depth 

agency-specific training. However, many of the employees that 

DHS hires as interns receive very little formal training. 

Will you review DHS’s use of this program to ensure that it complies with competitive hiring laws and the Executive Order that 

created it? 

Mr. FONG. Thank you, Senator Akaka, for your kind remarks. As 

I indicated, I believe that one of the roles of the General Counsel 

is to ensure that the Department’s programs are operating in compliance with applicable laws. I also believe that it is important for 

these kinds of programs to be applied in a fair and responsible 

way. So I am happy to work with you and the Committee to understand whether there are specific concerns or other questions you 

may have so that I can make sure that I am responsive to the concerns that you have raised. 

Senator AKAKA. Mr. Fong, as an aside, I note that your two Senators, Senators Voinovich and Brown, did speak up for you, and we 

really cherish their leadership here, and I am glad to tell you that 

kind of support is strong support for your nomination. 

Mr. Fong, DHS policy allows laptops and other electronic devices 

to be searched at the border without suspicion. And there have 

been complaints, as you know, about laptops being detained for 

long periods of time and information being copied from laptops. As 

you know, there was a bill introduced by Senator Feingold in the 

110th Congress to restrict border searches of electronic equipment 

and require privacy protections. 

Courts have ruled that the Constitution permits what DHS is 

doing. Nevertheless, these searches may have significant implications as many people keep sensitive information such as medical 

and financial records on their laptops. 

Will you commit to reviewing this policy to ensure that, at a minimum, strong privacy protections are included? 


ph44585 on D330-44585-7600 with DISTILLER
13 

Mr. FONG. Senator, I share your deep interest and concern for 

the protection of privacy and civil liberties. I understand, as you indicated, that courts have held that privacy interests are significantly reduced at the border. At the same time, I recognize, as you 

do, that individuals may store very personal information on their 

laptops. As a result, I would look forward to working with you to 

make sure that the balance between our law enforcement needs 

and our border security needs are appropriately weighed against 

the relevant privacy interests. 

In particular, the Office of Civil Liberties and Civil Rights and 

the Office of Privacy at the Department, I understand, have reviewed the Department’s guidance in this area, and if confirmed, 

I would look forward to working not only with the components but 

with those offices to ensure that the appropriate balances are 

struck. 

Senator AKAKA. Mr. Chairman, may I ask another question? 

Chairman LIEBERMAN. Please go right ahead, Senator Akaka. 

Senator AKAKA. Mr. Fong, a June 2008 report by the National 

Academy of Public Administration revealed that 40 percent of the 

DHS Office of General Counsel executive positions were vacant. 

That was one of the highest executive vacancy levels in the Department. Additionally, more than one-third of the executive positions 

that were filled were political appointments. 

I expressed concern at Mr. Coldebella’s July 2008 confirmation 

hearing for this post that the vacancies could leave a leadership 

vacuum during the transition between Administrations. I would appreciate any update you are able to provide on the office’s functioning during the transition, its executive vacancy rate, and your 

plans to address any remaining staffing problems. 

Mr. FONG. Well, thank you, Senator, for that question. It is extremely important, I have learned in my experience, to attract and 

retain the best talent possible. The only way I can possibly do my 

job is to surround myself with the best possible talent. And so it 

is a very high priority of mine, if I am confirmed, to do exactly 

that. It is something that I have a passion for and, as I indicated, 

is critical to achieving the goals that I have outlined. 

I have not been privy to the specific statistics regarding turnover 

and vacancy rates. I can tell you that in the limited time that I 

have had to work in preparation for these hearings, the lawyers 

are outstanding, they are dedicated, very professional, very knowledgeable, and I look forward to working with them to fill the vacancies. 

I am also aware that recently, or at least in the past several 

years, there has been a move to convert some of the previously 

non-career senior positions into career positions, which I believe is 

an appropriate direction. But as I said, I will, if confirmed—and as 

you can appreciate, I have a limited ability prior to the confirmation to do anything along this front—move promptly to fill the positions that are currently vacant. 

Senator AKAKA. I want to thank you very much for your response, and I want to tell you that what you just said and the passion you expressed will make Senator Voinovich from your State 

very happy because he is a champion of personnel, and I know he 

would be happy to hear that. So I just want to say as I close here 


ph44585 on D330-44585-7600 with DISTILLER
14 

that from what I have read, from what I have heard, and from 

what you have said, you do have my support for your nomination. 

Mr. FONG. Thank you. 

Senator AKAKA. Thank you very much, Mr. Chairman. 

Chairman LIEBERMAN. Thank you, Senator Akaka. 

Mr. Fong, I think you know that Senator Akaka has been a great 

partner with Senator Voinovich in unsung work but which is really 

critically important on the personnel of the Federal Government 

and on human capital management. And it strikes me that since 

both of your parents are Federal employees, you can appreciate the 

significance of that. 

You have given excellent answers to our questions. I think it is 

time to move on to Mr. Manning, but I want to thank you for appearing before the Committee. Thank you for being willing to come 

back into public service. I congratulate you on the good fortune of 

having such a wonderful family of all the generations that are with 

you today. 

We are going to keep the record of this hearing open until 12 

noon tomorrow for the submission of any additional statements or 

questions from the Committee Members, and we are going to try 

very hard to move your nomination and Mr. Manning’s as quickly 

through the Senate next week as we can because we know Secretary Napolitano needs both of you on duty. So, with that, I thank 

you, and you are free to leave at this time. 

Mr. FONG. Thank you very much, Mr. Chairman. 

Chairman LIEBERMAN. Thank you. 

Mr. Manning, please return to the witness table. Good morning, 

and welcome to part two of our hearing today. I want to thank you, 

Mr. Manning, as we consider your nomination to be Deputy Administrator for FEMA in charge of National Preparedness, for your 

willingness to serve and your proven record of service for many 

years. As Senator Bingaman said in introducing you, you have 

served in a number of positions directly relevant to national preparedness, most recently as Director of New Mexico’s Department 

of Homeland Security and Emergency Management and as Homeland Security Adviser to the Governor. 

I also want to point out that you have had some front-line experience, having worked as a firefighter and a rescue mountaineer on 

a voluntary basis. 

With this experience, Mr. Manning would bring to FEMA the 

perspective of a State official and a first responder, which certainly 

will help strengthen the coalitions between the many entities that 

need to be involved in preparing for disasters. 

The current public health emergency around H1N1 flu demonstrates again very clearly that, in times of crisis, we need response and preparedness officials who know what they are doing 

and that the functions of prevention and protection must be closely 

integrated with preparedness and response. 

In 2006, following this Committee’s extensive investigation into 

the bungled response to Hurricane Katrina, we brought forth legislation to strengthen the agency so that it would be capable of responding to a disaster as catastrophic as Hurricane Katrina proved 

to be, but also the host of other disasters, natural and unnatural, 

that the Department responds to. 


ph44585 on D330-44585-7600 with DISTILLER
15 

1The prepared statement of Mr. Manning appears in the Appendix on page 113. 

The Post-Katrina Emergency Management Reform Act gave 

FEMA the responsibility to lead our efforts to prepare for and respond to disasters of all kinds. 

One of our most important proposals to remake FEMA into a 

world-class disaster response agency was to join preparedness and 

response capabilities, which had previously been divided. We do not 

want FEMA to be in the position again where it is trying to build 

the kind of teamwork and logistical relief operations among all levels of government in the midst of the chaos or confusion that inevitably follows a disaster. And, of course, that happened during Hurricane Katrina. 

Mr. Manning, if you are confirmed, it seems to me that one of 

your key responsibilities will be to make sure that this important 

provision of the Post-Katrina Act is fully implemented and that 

FEMA’s preparedness capabilities are fully integrated into and 

across all stages of emergency management, including mitigation, 

response, and recovery. And I would like to discuss that with you 

during the question-and-answer period. 

We have to be prepared at all levels of government, and that is 

going to be the specific responsibility that you will have. We do not 

want ever to have to hold hearings in this Committee which ask 

the question we asked over and over again after Hurricane 

Katrina, which is, ‘‘Why were we not prepared?’’ 

Let me now move to the formal part of the hearing. Mr. Manning 

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. 

As you know, Mr. Manning, our Committee rules require that all 

witnesses at nomination hearings give their testimony under oath, 

so I would ask you at this time if you would 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. MANNING. I do. 

Chairman LIEBERMAN. I thank you very much. Please be seated. 

You may proceed with your statement and the introduction of family or friends who are with you today. 

STATEMENT OF TIMOTHY W. MANNING 1 TO BE DEPUTY ADMINISTRATOR FOR NATIONAL PREPAREDNESS, FEDERAL 

EMERGENCY MANAGEMENT AGENCY, U.S. DEPARTMENT OF 

HOMELAND SECURITY 

Mr. MANNING. Thank you, Mr. Chairman and good morning. 

Members of the Committee, thank you for allowing me to be here 

this morning. I have prepared remarks I would like to submit to 

the record as well. 

Thank you for allowing me to be here this morning as the nominee for Deputy Administrator of the Federal Emergency ManageVerDate Nov 24 2008 12:09 Oct 18, 2010 Jkt 051022 PO 00000 Frm 00019 Fmt 6633 Sfmt 6633 P:\DOCS\51022.TXT SAFFAIRS PsN: PAT

ph44585 on D330-44585-7600 with DISTILLER
16 

ment Agency for National Preparedness. First I would like to thank 

Senator Bingaman for his kind introduction a few moments ago. I 

have worked with the Senator for many years helping New Mexicans, and I am honored to have had him here with me today. I am 

also honored to have a number of my friends and colleagues with 

us here today from the National Emergency Management Association, the International Association of Emergency Managers, the 

National Governors Association, and a number of my other friends 

and colleagues from the Homeland Security Consortium. 

But, most importantly, I am pleased and honored to be joined by 

my family: My brother, Dan, Mr. Chairman, whom you acknowledged earlier; my parents, Terry and Lynn Manning. They have 

passed on the lessons they have learned from their parents and 

given a lifetime of public service and dedication to the community, 

and they have instilled that responsibility in my brother and me, 

and it is only with their encouragement and support, and the sacrifice of my wife, Sarah, and my daughter, Katy, that I am able to 

be here today, and I thank them for that. 

I have been fortunate through my time as the Director of Homeland Security and Emergency Management for the State of New 

Mexico to have had the opportunity to serve my governor and the 

people of my State. And I am honored to be afforded the opportunity by the President now to serve my country. 

Over the past many years, the Nation has been through a series 

of very trying times, most recently with the outbreak of the H1N1 

influenza. These events have shown us the selfless courage of our 

first responders, our fellow citizens, and the resilience of our national fabric. 

They have also shown us the weaknesses in our system of disaster preparedness, response, and recovery. The American people 

have come together to address these weaknesses, and we are a 

stronger Nation for it. 

One of the most crucial pieces of this reform was the PostKatrina Emergency Management Reform Act, the most important 

development in emergency management since the enactment of the 

Stafford Act. It provides FEMA a mission and sets goals for a 

broad-based framework to protect the American people through a 

comprehensive and integrated program of prevention, mitigation, 

preparedness, response, and recovery for natural disasters, acts of 

terrorism, accidents, and all other hazards, regardless of cause. 

And I am eager, if confirmed, to be part of its full implementation. 

I believe a strong and resilient Nation can only be built on a 

solid foundation of preparedness, a system that transcends all 

phases of emergency management and homeland security and is 

rooted in strong partnerships, partnerships between cities, counties, States and territories, tribal governments, the Federal Government, the private sector, and, most importantly, the American 

people. And I believe this is achievable. 

Emergency management and homeland security are fields in 

which no one level of government can succeed at going it alone; no 

one agency has a solution. The whole government is required, and 

close integration between agencies at the Federal, State, tribal, and 

local level is required to be successful. 


ph44585 on D330-44585-7600 with DISTILLER
17 

Mr. Chairman, Members of the Committee, thank you for allowing me to be here today. If confirmed, I look forward to working 

with the Committee and with my colleagues to more fully prepare 

the Nation to withstand severe events, respond to and recover from 

natural disasters, and protect against acts of terrorism. 

I respectfully request your recommendation to confirm my nomination to be the Deputy Administrator of the Federal Emergency 

Management Agency. 

Thank you, and I would be pleased to answer any questions you 

may have. 

Chairman LIEBERMAN. Thank you, Mr. Manning. Thank you for 

that excellent opening statement. 

Let me start with the questions that are standard for the Committee. 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. MANNING. No. 

Chairman LIEBERMAN. Second, 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. MANNING. 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. MANNING. Yes. 

Chairman LIEBERMAN. Thank you. I always wonder when the 

first two questions invite the ‘‘No’’ response whether people listen 

enough to the third question to answer ‘‘Yes.’’ But you passed the 

test. Let me proceed, and Senator Akaka and I will do 7-minute 

rounds of questions. 

In the wake of Hurricane Katrina, I mentioned the investigation 

that we carried out, and many of the recommendations have been 

implemented pursuant to the law. I should think that the Department is in much better shape today, and FEMA is in much better 

shape. And as I mentioned in my opening statement, one of the 

most important aspects of the legislation, I think, is to rejoin preparedness and response, putting them both under FEMA. 

In testimony before this Committee about a year ago, the Inspector General of the Department of Homeland Security, Mr. Skinner, 

concluded that FEMA was better prepared for a catastrophe—and 

I mention ‘‘catastrophe’’ in the gruesome language of this business 

as compared to a ‘‘disaster’’—better prepared for a catastrophe than 

it was in 2005, and Mr. Skinner, in more recent testimony, was 

kind enough to credit the Post-Katrina Act for his conclusion. 

I wanted to ask you generally, if confirmed, what will you do to 

ensure that the new enhanced FEMA, as envisioned by the PostKatrina Act, continues to be strengthened? In particular, how will 

you make sure that the requirement that rejoins preparedness with 

response is fully implemented? 

Mr. MANNING. Thank you, Mr. Chairman. I believe that the reforms that came from the Post-Katrina Act have immeasurably 

strengthened FEMA and emergency management in general. I beVerDate Nov 24 2008 12:09 Oct 18, 2010 Jkt 051022 PO 00000 Frm 00021 Fmt 6633 Sfmt 6633 P:\DOCS\51022.TXT SAFFAIRS PsN: PAT

ph44585 on D330-44585-7600 with DISTILLER
18 

lieve preparedness is a function that transcends all of the other 

phases of emergency management. I believe it transcends all of the 

other domains of homeland security. I think it is the beginning and 

the end and the middle of everything else it is that we do. 

If confirmed, I very much look forward to working through the 

Administration, working with the agency, to bring preparedness 

into the response phase, not just looked at as a function that gets 

you ready to respond, but actually helps you respond and work 

hand in hand during the response to identify things that are going 

well, things that could go better and adjust while the response is 

happening and improve our preparedness programs after the fact. 

I believe that transcendence across the entire spectrum of emergency management, the entire arc of our government programs is 

as important as any other function of emergency management, and 

I will work diligently to bring it there. 

Chairman LIEBERMAN. Good. Let me ask you, in that regard, 

what you see as the role of the National Preparedness Directorate 

in bringing together and improving Federal preparedness efforts 

and just the comprehensive whole of government in the way that 

you have described in your statements. 

Mr. MANNING. Well, as I understand in my experience in New 

Mexico working in preparedness programs and what I hope to 

bring to the National Preparedness Directorate is both the attention during the quiet times—during the peace times, if you may— 

to preparing our responders to not just respond to a disaster, but 

to recover from that disaster and to mitigate against disasters coming in the future, and to protect against attacks. My firm belief is 

that preparedness is something that we have to work to bring to 

the fore in every daily function throughout government, throughout 

the homeland security community. 

I believe that during the disaster response, the National Preparedness Directorate’s primary responsibility is threefold: One is 

the mission that was envisioned by the Post-Katrina Act to be that 

part of FEMA that looks past the current crisis, that looks toward 

the crisis of tomorrow and ensures that the agency and the American people are prepared to deal with what is coming on the horizon. 

I believe it also has the responsibility to closely work with responders today to ensure that we are better prepared tomorrow. 

And, ultimately, I firmly believe as a State Director of Homeland 

Security that we are all, at the beginning and the end of the day, 

emergency managers. And we all must be prepared to pitch in for 

the response itself when required, and if confirmed, I will bring 

that ethos to the Directorate. 

Chairman LIEBERMAN. Excellent. Let me ask you to bring all 

that and all your experience to bear on the current H1N1 flu crisis. 

Yesterday, as you know, Secretary Napolitano appeared before us. 

The Secretary related that all components of DHS are actively 

involved, including FEMA, primarily at this point in getting information out to the public and facilitating the flow of information between Federal and State governments, and of course, the Secretary 

is, as we say in the vocabulary, the National Incident Manager. 

There is a real danger, if you follow the progress of the flu, that 

this will develop into a pandemic. It certainly seems to be the judgVerDate Nov 24 2008 12:09 Oct 18, 2010 Jkt 051022 PO 00000 Frm 00022 Fmt 6633 Sfmt 6633 P:\DOCS\51022.TXT SAFFAIRS PsN: PAT

ph44585 on D330-44585-7600 with DISTILLER
19 

ment of the World Health Organization as it raises the alert level. 

Let me just ask you generally, as we approach this possibility, 

what role do you think FEMA is likely to play if this outbreak 

grows much bigger beyond the public communication activities and 

coordinating activities that the Secretary is playing? And what are 

some of the things that FEMA and the National Preparedness Directorate, in particular, will need to do together with key Federal, 

State, and local entities to prepare now for the possibility of a pandemic, which, as we heard yesterday, might not happen now, but 

might happen during the next flu season? 

Mr. MANNING. Thank you, Mr. Chairman. As I understand, the 

mission of the National Preparedness Directorate at the current 

time is working closely with the response functions at the Office of 

Health Affairs and the Health and Human Services Department on 

the future planning, working and bringing the expertise on preparedness and planning to bear, looking past today and tomorrow 

and in the next week into the fall. 

I believe that the National Preparedness Directorate and FEMA’s 

expertise in general is that facilitation, that bringing of diverse 

partners together to a coordinated response. And as you mentioned, 

sir, the Homeland Security Presidential Directive 5 conveys to the 

Secretary the role of the Principal Federal Officer for domestic incident management, and in support of that, the Federal Emergency 

Management Agency’s role in supporting the subject matter expertise. Health and Human Services, the public health community are 

the experts in how to deal with the propagation and the promulgation of disease. 

What FEMA can bring to the table is the expertise in bringing 

these partners together to help implement the steps required from 

the public health community. 

Chairman LIEBERMAN. Excellent. Thank you. My time is up. Senator Akaka. 

Senator AKAKA. Thank you very much, Mr. Chairman. 

Mr. Manning, I want to congratulate you on your nomination and 

thank you for being here today. I also want to add my welcome to 

you, your family, friends, and supporters who are here. Your nomination, without any doubt, comes at an important time. 

The H1N1 flu outbreak is growing every day, and hurricane season is around the corner. As you look at what is possibly coming, 

your kind of work is very important to our Nation. You will be confronting these challenges, as well as many others, if you are confirmed. In particular, I hope you will focus on management issues, 

such as the high vacancy rate at FEMA. 

Based on your background and experience, I believe you are 

highly qualified to join Mr. Fugate, pending his confirmation, in 

tackling these issues and supporting FEMA’s mission. As I said to 

Mr. Fugate during his confirmation hearing, I would encourage you 

to reach out to all the various stakeholders and to engage their perspectives and to be a strong advocate for ensuring that FEMA has 

the resources it needs. 

To follow up on the Chairman’s questions about the recent outbreak of H1N1 influenza, as the Senator from Hawaii, a geographically remote part of the United States, I have a unique perspective 

on threats such as H1N1 flu. Hawaii faces distinct challenges in 


ph44585 on D330-44585-7600 with DISTILLER
20 

preparing for a possible pandemic flu outbreak. For example, positioning equipment may be more difficult because everything has to 

arrive in Hawaii by air or sea cargo, and Hawaii cannot rely on 

neighboring States for assistance in the way that other States can. 

What is more, an outbreak on the Mainland can be more easily 

avoided in Hawaii. 

How would you address the distinct challenges present in emergency preparedness and response to a public health threat for a 

geographically remote location like Hawaii? 

Mr. MANNING. Thank you, Senator. I believe that from my experience, coming from a State, the primary role of FEMA in a situation where you have the diverse requirements of a number of 

States spread over a large geographic area is in working closely 

with those States and addressing the needs, the support requirements of the governors and the various States. Hawaii has a number of unique challenges to it, similar to those faced by Alaska and 

the Pacific Islands. 

I believe that the National Preparedness Directorate has been 

working with the University of Hawaii to provide additional planning, expertise, and training to the people of Hawaii and working 

with the States throughout the Western United States on some of 

the geographically challenging issues of time and distance. I believe 

that working through a comprehensive preparedness program 

where providing additional assistance and training on logistics and 

things, planning in regard to staging equipment, materiel, and 

medicine is something that can go a long way toward helping in 

that sort of a situation, and if confirmed, I would look forward to 

working very closely with the people of Hawaii and any of the other 

areas throughout the West that have the long time and distance requirements to deal with in logistics planning and training endeavors. 

Senator AKAKA. Over the past few years, Mr. Manning, State and 

local governments have developed emergency response plans of 

their own for pandemic influenza outbreaks. We also have a national strategy for pandemic influenza. These plans’ effectiveness 

certainly will be reviewed in light of the current H1N1 outbreak. 

What do you believe needs to be done to review State and local 

emergency preparedness plans? And what role do you believe 

FEMA should play in such a review? 

Mr. MANNING. Senator, I believe that there has been an incredible amount of work done toward planning for a pandemic influenza in the past number of years, and I believe we are more well 

prepared for this than we have been for any foreseen eventuality 

maybe in the past many years. 

I believe firmly in accountability and measurement of standards, 

in working with States and local governments to ensure that their 

planning efforts are adequate and work with their neighboring 

communities and neighboring States. 

I believe my experience in that regard through a number of different initiatives will provide me the assistance I need to be able 

to ensure that we do that in the most appropriate, effective, and 

efficient manner possible. 

I believe that capturing the actions, the after-action reviews of 

actual disasters as well as exercise, is the most effective way to 


ph44585 on D330-44585-7600 with DISTILLER
21 

measure whether a plan works or not. I think that having a plan 

is a very important first step, but understanding and using that 

plan is the most important step. And it is in this measurement that 

we will know whether our communities are adequately prepared. 

Senator AKAKA. Mr. Chairman, may I follow up here. I have a 

follow-up request for you. I understand that the Pacific area office 

has struggled to find a qualified candidate to lead the office, and 

the regional office has been covering for the position in the interim. 

And so I would ask for your commitment to look into this and see 

what you can do to help recruit a qualified person to fill that position. Thank you very much, Mr. Chairman. 

Chairman LIEBERMAN. Thank you, Senator Akaka. 

I just have one more question, Mr. Manning, about the National 

Exercise Program, and as you know this does not have to do with 

personal fitness, but with the preparedness exercises that are done 

in testing roles and responsibilities, capabilities, and plans. 

The Post-Katrina Act gave FEMA the authority to administer the 

National Exercise Program, but it seems to me and many others 

that there remains a great deal of work to be done on the program. 

Obviously, one of the key purposes is to identify areas of weakness 

so that we can learn from them in these exercises and improve on 

performance. 

The Department’s recent Federal Preparedness Report noted that 

the evaluation and improvement phase of the preparedness cycle is 

the least mature, and I must say, recent exercises bear this out. 

It has been a year and a half after the TOPOFF 4 exercise, and 

we still have not seen an after action report. So none of the Federal, State, and local participants are able to learn from the exercise, which obviously weakens the effectiveness of the exercise and 

impairs our ability to be prepared. 

I wanted to ask you if you are aware of this and what you intend 

to do, if confirmed, to expedite the after action and correction action process? 

Mr. MANNING. Yes, Mr. Chairman. I have been briefed on that 

particular issue, and as a State Director and a neighbor to one of 

the venues of TOPOFF, I am familiar with the report. 

I believe that the evaluation and improvement portion of the 

cycle is the most important, that it is only through evaluation of 

real-world events and exercises that we can improve our response. 

And that is ultimately why we are here. 

I understand the concerns of the community in drafting those reports. However, we need to get a quick answer. And if confirmed, 

I will work toward getting, at the very least, a quick answer immediately following an exercise while a more in-depth report is developed. 

Chairman LIEBERMAN. Good. Thank you very much for your testimony, for your willingness to serve. You will be a great combination with Mr. Fugate, whom we heard last week and hope to have 

confirmed quickly. And I hope to do the same with you. 

We are going to—as I said with Mr. Fong—without objection, 

keep the record open until 12 noon tomorrow for the submission of 

any written questions or statements for the record. And then it 

would be my intention, working with Senator Collins, to see if we 

can do an off-the-floor, as we call it, vote on your nomination and 


ph44585 on D330-44585-7600 with DISTILLER
22 

get you out to the floor as quickly as we can. But I thank you and 

I thank your family. I congratulate your parents on producing such 

an admirable son—I assume the same for your brother. I take your 

nod to be an affirmation of that, which we will enter forever into 

the congressional record. 

Anyway, thank you very much. I look forward to working with 

you. The hearing is adjourned. 

[Whereupon, at 11:29 a.m., the Committee was adjourned.] 


ph44585 on D330-44585-7600 with DISTILLER
(23) 

A P P E N D I X 


ph44585 on D330-44585-7600 with DISTILLER51022.001
24 


ph44585 on D330-44585-7600 with DISTILLER51022.002
25 


ph44585 on D330-44585-7600 with DISTILLER51022.003
26 


ph44585 on D330-44585-7600 with DISTILLER51022.004
27 


ph44585 on D330-44585-7600 with DISTILLER51022.005
28 


ph44585 on D330-44585-7600 with DISTILLER51022.006
29 


ph44585 on D330-44585-7600 with DISTILLER51022.007
30 


ph44585 on D330-44585-7600 with DISTILLER51022.008
31 


ph44585 on D330-44585-7600 with DISTILLER51022.009
32 


ph44585 on D330-44585-7600 with DISTILLER51022.010
33 


ph44585 on D330-44585-7600 with DISTILLER51022.011
34 


ph44585 on D330-44585-7600 with DISTILLER51022.012
35 


ph44585 on D330-44585-7600 with DISTILLER51022.013
36 


ph44585 on D330-44585-7600 with DISTILLER51022.014
37 


ph44585 on D330-44585-7600 with DISTILLER51022.015
38 


ph44585 on D330-44585-7600 with DISTILLER51022.016
39 


ph44585 on D330-44585-7600 with DISTILLER51022.017
40 


ph44585 on D330-44585-7600 with DISTILLER51022.018
41 


ph44585 on D330-44585-7600 with DISTILLER51022.019
42 


ph44585 on D330-44585-7600 with DISTILLER51022.020
43 


ph44585 on D330-44585-7600 with DISTILLER51022.021
44 


ph44585 on D330-44585-7600 with DISTILLER51022.022
45 


ph44585 on D330-44585-7600 with DISTILLER51022.023
46 


ph44585 on D330-44585-7600 with DISTILLER51022.024
47 


ph44585 on D330-44585-7600 with DISTILLER51022.025
48 


ph44585 on D330-44585-7600 with DISTILLER51022.026
49 


ph44585 on D330-44585-7600 with DISTILLER51022.027
50 


ph44585 on D330-44585-7600 with DISTILLER51022.028
51 


ph44585 on D330-44585-7600 with DISTILLER51022.029
52 


ph44585 on D330-44585-7600 with DISTILLER51022.030
53 


ph44585 on D330-44585-7600 with DISTILLER51022.031
54 


ph44585 on D330-44585-7600 with DISTILLER51022.032
55 


ph44585 on D330-44585-7600 with DISTILLER51022.033
56 


ph44585 on D330-44585-7600 with DISTILLER51022.034
57 


ph44585 on D330-44585-7600 with DISTILLER51022.035
58 


ph44585 on D330-44585-7600 with DISTILLER51022.036
59 


ph44585 on D330-44585-7600 with DISTILLER51022.037
60 


ph44585 on D330-44585-7600 with DISTILLER51022.038
61 


ph44585 on D330-44585-7600 with DISTILLER51022.039
62 


ph44585 on D330-44585-7600 with DISTILLER51022.040
63 


ph44585 on D330-44585-7600 with DISTILLER51022.041
64 


ph44585 on D330-44585-7600 with DISTILLER51022.042
65 


ph44585 on D330-44585-7600 with DISTILLER51022.043
66 


ph44585 on D330-44585-7600 with DISTILLER51022.044
67 


ph44585 on D330-44585-7600 with DISTILLER51022.045
68 


ph44585 on D330-44585-7600 with DISTILLER51022.046
69 


ph44585 on D330-44585-7600 with DISTILLER51022.047
70 


ph44585 on D330-44585-7600 with DISTILLER51022.048
71 


ph44585 on D330-44585-7600 with DISTILLER51022.049
72 


ph44585 on D330-44585-7600 with DISTILLER51022.050
73 


ph44585 on D330-44585-7600 with DISTILLER51022.051
74 


ph44585 on D330-44585-7600 with DISTILLER51022.052
75 


ph44585 on D330-44585-7600 with DISTILLER51022.053
76 


ph44585 on D330-44585-7600 with DISTILLER51022.054
77 


ph44585 on D330-44585-7600 with DISTILLER51022.055
78 


ph44585 on D330-44585-7600 with DISTILLER51022.056
79 


ph44585 on D330-44585-7600 with DISTILLER51022.057
80 


ph44585 on D330-44585-7600 with DISTILLER51022.058
81 


ph44585 on D330-44585-7600 with DISTILLER51022.059
82 


ph44585 on D330-44585-7600 with DISTILLER51022.060
83 


ph44585 on D330-44585-7600 with DISTILLER51022.061
84 


ph44585 on D330-44585-7600 with DISTILLER51022.062
85 


ph44585 on D330-44585-7600 with DISTILLER51022.063
86 


ph44585 on D330-44585-7600 with DISTILLER51022.064
87 


ph44585 on D330-44585-7600 with DISTILLER51022.065
88 


ph44585 on D330-44585-7600 with DISTILLER51022.066
89 


ph44585 on D330-44585-7600 with DISTILLER51022.067
90 


ph44585 on D330-44585-7600 with DISTILLER51022.068
91 


ph44585 on D330-44585-7600 with DISTILLER51022.070
92 


ph44585 on D330-44585-7600 with DISTILLER51022.071
93 


ph44585 on D330-44585-7600 with DISTILLER51022.072
94 


ph44585 on D330-44585-7600 with DISTILLER51022.073
95 


ph44585 on D330-44585-7600 with DISTILLER51022.074
96 


ph44585 on D330-44585-7600 with DISTILLER51022.075
97 


ph44585 on D330-44585-7600 with DISTILLER51022.076
98 


ph44585 on D330-44585-7600 with DISTILLER51022.077
99 


ph44585 on D330-44585-7600 with DISTILLER51022.078
100 


ph44585 on D330-44585-7600 with DISTILLER51022.079
101 


ph44585 on D330-44585-7600 with DISTILLER51022.080
102 


ph44585 on D330-44585-7600 with DISTILLER51022.081
103 


ph44585 on D330-44585-7600 with DISTILLER51022.082
104 


ph44585 on D330-44585-7600 with DISTILLER51022.069
105 


ph44585 on D330-44585-7600 with DISTILLER51022.096
106 


ph44585 on D330-44585-7600 with DISTILLER51022.097
107 


ph44585 on D330-44585-7600 with DISTILLER51022.098
108 


ph44585 on D330-44585-7600 with DISTILLER51022.099
109 


ph44585 on D330-44585-7600 with DISTILLER51022.100
110 


ph44585 on D330-44585-7600 with DISTILLER51022.101
111 


ph44585 on D330-44585-7600 with DISTILLER51022.102
112 


ph44585 on D330-44585-7600 with DISTILLER51022.103
113 


ph44585 on D330-44585-7600 with DISTILLER51022.104
114 


ph44585 on D330-44585-7600 with DISTILLER51022.105
115 


ph44585 on D330-44585-7600 with DISTILLER51022.106
116 


ph44585 on D330-44585-7600 with DISTILLER51022.107
117 


ph44585 on D330-44585-7600 with DISTILLER51022.108
118 


ph44585 on D330-44585-7600 with DISTILLER51022.109
119 


ph44585 on D330-44585-7600 with DISTILLER51022.110
120 


ph44585 on D330-44585-7600 with DISTILLER51022.111
121 


ph44585 on D330-44585-7600 with DISTILLER51022.112
122 


ph44585 on D330-44585-7600 with DISTILLER51022.113
123 


ph44585 on D330-44585-7600 with DISTILLER51022.114
124 


ph44585 on D330-44585-7600 with DISTILLER51022.115
125 


ph44585 on D330-44585-7600 with DISTILLER51022.116
126 


ph44585 on D330-44585-7600 with DISTILLER51022.117
127 


ph44585 on D330-44585-7600 with DISTILLER51022.118
128 


ph44585 on D330-44585-7600 with DISTILLER51022.119
129 


ph44585 on D330-44585-7600 with DISTILLER51022.120
130 


ph44585 on D330-44585-7600 with DISTILLER51022.121
131 


ph44585 on D330-44585-7600 with DISTILLER51022.122
132 


ph44585 on D330-44585-7600 with DISTILLER51022.123
133 


ph44585 on D330-44585-7600 with DISTILLER51022.124
134 


ph44585 on D330-44585-7600 with DISTILLER51022.125
135 


ph44585 on D330-44585-7600 with DISTILLER51022.126
136 


ph44585 on D330-44585-7600 with DISTILLER51022.127
137 


ph44585 on D330-44585-7600 with DISTILLER51022.128
138 


ph44585 on D330-44585-7600 with DISTILLER51022.129
139 


ph44585 on D330-44585-7600 with DISTILLER51022.130
140 


ph44585 on D330-44585-7600 with DISTILLER51022.131
141 


ph44585 on D330-44585-7600 with DISTILLER51022.132
142 


ph44585 on D330-44585-7600 with DISTILLER51022.133
143 


ph44585 on D330-44585-7600 with DISTILLER51022.134
144 


ph44585 on D330-44585-7600 with DISTILLER51022.135
145 


ph44585 on D330-44585-7600 with DISTILLER51022.136
146 


ph44585 on D330-44585-7600 with DISTILLER51022.137
147 


ph44585 on D330-44585-7600 with DISTILLER51022.138
148 


ph44585 on D330-44585-7600 with DISTILLER51022.139
149 


ph44585 on D330-44585-7600 with DISTILLER51022.140
150 


ph44585 on D330-44585-7600 with DISTILLER51022.141
151 


ph44585 on D330-44585-7600 with DISTILLER51022.142
152 


ph44585 on D330-44585-7600 with DISTILLER51022.143
153 


ph44585 on D330-44585-7600 with DISTILLER51022.144
154 


ph44585 on D330-44585-7600 with DISTILLER51022.145
155 


ph44585 on D330-44585-7600 with DISTILLER51022.146
156 


ph44585 on D330-44585-7600 with DISTILLER51022.147
157 


ph44585 on D330-44585-7600 with DISTILLER51022.148
158 


ph44585 on D330-44585-7600 with DISTILLER51022.149
159 


ph44585 on D330-44585-7600 with DISTILLER51022.150
160 


ph44585 on D330-44585-7600 with DISTILLER51022.151
161 


ph44585 on D330-44585-7600 with DISTILLER51022.152
162 


ph44585 on D330-44585-7600 with DISTILLER51022.153
163 


ph44585 on D330-44585-7600 with DISTILLER51022.154
164 


ph44585 on D330-44585-7600 with DISTILLER51022.155
165 


ph44585 on D330-44585-7600 with DISTILLER51022.156
166 


ph44585 on D330-44585-7600 with DISTILLER51022.157
167 


ph44585 on D330-44585-7600 with DISTILLER51022.158
168 


ph44585 on D330-44585-7600 with DISTILLER51022.159
169 


ph44585 on D330-44585-7600 with DISTILLER51022.160
170 


ph44585 on D330-44585-7600 with DISTILLER51022.161
171 


ph44585 on D330-44585-7600 with DISTILLER51022.162
172 


ph44585 on D330-44585-7600 with DISTILLER51022.163
173 


ph44585 on D330-44585-7600 with DISTILLER51022.164
174 


ph44585 on D330-44585-7600 with DISTILLER51022.165
175 


ph44585 on D330-44585-7600 with DISTILLER51022.166
176 

Æ 


ph44585 on D330-44585-7600 with DISTILLER51022.167