[Congressional Record (Bound Edition), Volume 147 (2001), Part 2]
[Senate]
[Pages 2093-2094]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           EXECUTIVE SESSION

                                 ______
                                 

 NOMINATION OF JOE M. ALLBAUGH TO BE DIRECTOR OF THE FEDERAL EMERGENCY 
                           MANAGEMENT AGENCY

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to executive session to consider the nomination of Joe M. 
Allbaugh to be Director of the Federal Emergency Management Agency, 
which the clerk will report nomination.
  The legislative clerk read the nomination of Joe M. Allbaugh, of 
Texas, to be Director of the Federal Emergency Management Agency.
  Mr. BINGAMAN. Mr. President, I rise today in support of the 
nomination of Joseph Allbaugh to be the next director of the Federal 
Emergency Management Administration, FEMA. I was pleased to hear that 
Mr. Allbaugh has experience in dealing with natural disasters in Texas 
and in his home state of Oklahoma.
  I'm sure he learned during his tenure as chief of staff to former 
Governor George Bush that recovering from a disaster requires great 
collaboration and compassion. We learned that last year in New Mexico 
when we were faced with numerous forest fires, including the Cerro 
Grande fire that started near Los Alamos.
  Because of the U.S. government's role in starting a controlled burn 
that soon burned out of control, eventually burning hundreds of homes 
and thousands of acres of forest land, the New Mexico delegation 
drafted the Cerro Grande Fire Assistance Act, CGFAA, and got the bill 
signed into law on July 13 of last year.
  I emphasize that this was a delegation effort because I want Mr. 
Allbaugh to know that the New Mexico delegation worked side-by-side on 
every aspect of this fire compensation legislation. When it was 
introduced, all five members of the delegation were present. I hope 
that FEMA, under Mr. Allbaugh's guidance, will recognize the importance 
of collaborating with all members of the New Mexico delegation when it 
comes to the Cerro Grande fire, or any other disasters we are faced 
with in the future.
  Because of FEMA's strong track record under James Lee Witt of 
responding quickly and effectively to disasters, the CGFAA designated 
FEMA as the lead agency to compensate the victims of the Cerro Grande 
fire. FEMA responded quickly and set up an Office of Cerro Grande Fire 
Claims in New Mexico in August 2000.
  We are now almost six months into the claims process and we are 
beginning to face a few problems. I would like to point out to Mr. 
Allbaugh that the policy section in the Interim Final Regulations--
regulations that have governed the claims process thus far--says, ``It 
is FEMA's policy to provide for the expeditious resolution of 
meritorious claims through a process that is administered with 
sensitivity to the burdens placed upon Claimants by the Cerro Grande 
Fire.'' Based on the numerous complaints I have received recently about 
the claims process, it does not appear that the stated policy is being 
carried out as anticipated.
  Mr. Allbaugh has been nominated for a position that carries with it 
enormous responsibility. I trust that he will carry out his 
responsibilities with respect to the Cerro Grande fire claims process 
with the sensitivity urged in the regulations.
  Few of the fire victims have been able to begin rebuilding their 
lives and their homes because the final regulations are not complete. 
Many are hesitant to settle their claims against the federal government 
until the final regulations are published. Unfortunately, FEMA's 180-
day deadline for settling claims is approaching for some claimants. We 
never anticipated that this deadline would come before the final 
regulations were in place. Nearly four months have passed since the 
comment period ended for the interim final regulations, yet we are 
still waiting for final regulations. I strongly urge Mr. Allbaugh to 
make it a top priority to ensure that the final regulations are 
published in the very near future.
  Moreover, I urge Mr. Allbaugh to keep in mind that the Cerro Grande 
fire is different from most, if not all, other disasters FEMA has 
responded to in the past. This fire was not a natural disaster. It did 
not start as an act of God. Because of the federal government's 
involvement, the government had a responsibility to respond 
expeditiously and thoroughly.
  The New Mexico delegation initiated that response by introducing 
compensation legislation. President Clinton responded by signing the 
legislation. It is now in Mr. Allbaugh's hands to make sure fire claims 
are responded to expeditiously and with compassion.
  I look forward to sitting down with Mr. Allbaugh in the near future 
to discuss his plans for carrying out the intent of the CGFAA.
  In the meantime, I will cast my vote in favor of Mr. Allbaugh.
  Mr. MURKOWSKI. Mr. President, I rise to voice my sincere 
congratulations to Joe Allbaugh on his confirmation today as the new 
director of the

[[Page 2094]]

Federal Emergency Management Agency. I welcome him most sincerely to 
the Washington community.
  Director Allbaugh has pledged to work closely with state and local 
governments. I believe this is the key to effective response. I 
encourage him to direct additional energies to expanding the ability of 
local agencies to respond immediately to those disasters that can be 
foreseen but not scheduled.
  In my State of Alaska, we are familiar with natural disasters. We 
have experienced them, from storm flooding to tsunamis, to the great 
Alaska earthquake of 1964. We know the value of a strong federal 
presence during such crises.
  I know that he is interested in my State. He has visited before, and 
I hope to be able to welcome him back as soon as possible--preferably 
with a fishing pole in hand, not on some less welcome occasion.
  Joe Allbaugh is a big man with big skills. His reputation is that of 
an extremely accomplished manager with extraordinary abilities, and he 
has worked on campaigns that have given him knowledge of key issues in 
a majority of the states. These traits will be important to the smooth 
operation of FEMA, which is faced with extraordinary pressures in the 
event of a major disaster, as we have seen in past events. I am 
confident that he will serve our people and our communities well during 
times of need.
  As the Governor's chief of staff in Texas, he both helped respond to 
immediate crises, and helped shape his state's disaster response 
processes. He now has the opportunity to do the same thing on a much 
grander scale--one which will be felt in every state of our great 
country. I look forward to his guidance in this critical and sensitive 
arena.
  Mr. NICKLES. Mr. President, I ask for the yeas and nays on the 
nomination.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is, Will the Senate advise and consent to the nomination 
of Joe M. Allbaugh to be Director of the Federal Emergency Management 
Agency? The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. NICKLES. I announce that the Senator from Utah (Mr. Bennett), the 
Senator from Kentucky (Mr. Bunning), the Senator from Idaho (Mr. 
Crapo), the Senator from Texas (Mr. Gramm), the Senator from Utah (Mr. 
Hatch), and the Senator from Wyoming (Mr. Thomas), are necessarily 
absent.
  I further announce that, if present and voting, the Senator from Utah 
(Mr. Bennett) and the Senator from Kentucky (Mr. Bunning) would each 
vote ``yea.''
  Mr. REID. I announce that the Senator from Florida (Mr. Graham), the 
Senator from Georgia (Mr. Miller), and the Senator from Maryland (Mr. 
Sarbanes) are necessarily absent.
  The PRESIDING OFFICER (Mr. Fitzgerald). Are there any other Senators 
in the Chamber desiring to vote?
  The result was announced--yeas 91, nays 0, as follows:

                       [Rollcall Vote No. 13 Ex.]

                                YEAS--91

     Akaka
     Allard
     Allen
     Baucus
     Bayh
     Biden
     Bingaman
     Bond
     Boxer
     Breaux
     Brownback
     Burns
     Byrd
     Campbell
     Cantwell
     Carnahan
     Carper
     Chafee
     Cleland
     Clinton
     Cochran
     Collins
     Conrad
     Corzine
     Craig
     Daschle
     Dayton
     DeWine
     Dodd
     Domenici
     Dorgan
     Durbin
     Edwards
     Ensign
     Enzi
     Feingold
     Feinstein
     Fitzgerald
     Frist
     Grassley
     Gregg
     Hagel
     Harkin
     Helms
     Hollings
     Hutchinson
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Nickles
     Reed
     Reid
     Roberts
     Rockefeller
     Santorum
     Schumer
     Sessions
     Shelby
     Smith (NH)
     Smith (OR)
     Snowe
     Specter
     Stabenow
     Stevens
     Thompson
     Thurmond
     Torricelli
     Voinovich
     Warner
     Wellstone
     Wyden

                             NOT VOTING--9

     Bennett
     Bunning
     Crapo
     Graham
     Gramm
     Hatch
     Miller
     Sarbanes
     Thomas
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motion to 
reconsider is tabled and the President is notified of the confirmation.

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