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S. Hrg. 112–317 

NOMINATION OF ERNEST MITCHELL, JR. 

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 

Available via the World Wide Web: http://www.fdsys.gov/ 

Printed for the use of the 

Committee on Homeland Security and Governmental Affairs 

( 

(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 

MARK BEGICH, Alaska 

SUSAN M. COLLINS, Maine 

TOM COBURN, Oklahoma 

SCOTT P. BROWN, Massachusetts 

JOHN MCCAIN, Arizona 

RON JOHNSON, Wisconsin 

ROB PORTMAN, Ohio 

RAND PAUL, Kentucky 

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 

(III) 

C O N T E N T S 

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 

(1) 

NOMINATION OF ERNEST MITCHELL, JR. 

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. 

2 

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 cochair 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. 

3 

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? 

4 

1The prepared statement of Mr. Mitchell appears in the Appendix on page 17. 

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. 

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 emerVerDate Nov 24 2008 14:12 Mar 26, 2012 Jkt 072485 PO 00000 Frm 00008 Fmt 6633 Sfmt 6633 P:\DOCS\72485.TXT SAFFAIRS PsN: PAT
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gency 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 honVerDate Nov 24 2008 14:12 Mar 26, 2012 Jkt 072485 PO 00000 Frm 00009 Fmt 6633 Sfmt 6633 P:\DOCS\72485.TXT SAFFAIRS PsN: PAT
6 

orably 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 

7 

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. 

8 

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-bycase basis, we believed that the fire chief should have the ability 

to stop the outside behavior; and, yes, that could include volunVerDate Nov 24 2008 14:12 Mar 26, 2012 Jkt 072485 PO 00000 Frm 00012 Fmt 6633 Sfmt 6633 P:\DOCS\72485.TXT SAFFAIRS PsN: PAT
9 

teering, 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. 

10 

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 priorVerDate Nov 24 2008 14:12 Mar 26, 2012 Jkt 072485 PO 00000 Frm 00014 Fmt 6633 Sfmt 6633 P:\DOCS\72485.TXT SAFFAIRS PsN: PAT
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ities. 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 

12 

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.] 

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