<DOC> [109 Senate Hearings] [From the U.S. Government Printing Office via GPO Access] [DOCID: f:27024.wais] S. Hrg. 109-804 HURRICANE KATRINA: THE ROLE OF THE GOVERNORS IN MANAGING THE CATASTROPHE ======================================================================= HEARING before the COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS UNITED STATES SENATE ONE HUNDRED NINTH CONGRESS SECOND SESSION __________ FEBRUARY 2, 2006 __________ Printed for the use of the Committee on Homeland Security and Governmental Affairs U.S. GOVERNMENT PRINTING OFFICE 27-024 WASHINGTON : 2007 _____________________________________________________________________________ For Sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512ÿ091800 Fax: (202) 512ÿ092250 Mail: Stop SSOP, Washington, DC 20402ÿ090001 COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS SUSAN M. COLLINS, Maine, Chairman TED STEVENS, Alaska JOSEPH I. LIEBERMAN, Connecticut GEORGE V. VOINOVICH, Ohio CARL LEVIN, Michigan NORM COLEMAN, Minnesota DANIEL K. AKAKA, Hawaii TOM COBURN, Oklahoma THOMAS R. CARPER, Delaware LINCOLN D. CHAFEE, Rhode Island MARK DAYTON, Minnesota ROBERT F. BENNETT, Utah FRANK LAUTENBERG, New Jersey PETE V. DOMENICI, New Mexico MARK PRYOR, Arkansas JOHN W. WARNER, Virginia Michael D. Bopp, Staff Director and Chief Counsel David T. Flanagan, General Counsel Arthur W. Adelberg, Senior Counsel John H. Cobb, Senior Counsel James R. McKay, Counsel Joyce A. Rechtschaffen, Minority Staff Director and Counsel Robert F. Muse, Minority General Counsel Eric P. Andersen, Minority Professional Staff Member F. James McGee, Minority Professional Staff Member Trina Driessnack Tyrer, Chief Clerk C O N T E N T S ------ Opening statements: Page Senator Collins.............................................. 1 Senator Lieberman............................................ 3 Senator Akaka................................................ 16 Senator Warner............................................... 31 WITNESSES Thursday, February 2, 2006 Hon. Haley Barbour, Governor, State of Mississippi............... 4 Hon. Kathleen Babineaux Blanco, Governor, State of Louisiana..... 6 Alphabetical List of Witnesses Barbour, Hon. Haley: Testimony.................................................... 4 Prepared statement........................................... 41 Blanco, Hon. Kathleen Babineaux: Testimony.................................................... 6 Prepared statement........................................... 52 APPENDIX Affidavit of Col. (Ret.) Perry Jeff Smith........................ 56 Committee Exhibit 1 and State Exhibit 1.......................... 72 Committee Exhibit 2.............................................. 76 State Exhibit 2.................................................. 79 State Exhibit 3.................................................. 80 Committee Exhibit 13 and State Exhibit 4......................... 82 State Exhibit 5.................................................. 83 State Exhibit 6.................................................. 84 Committee Exhibit 3.............................................. 93 Committee Exhibit 5.............................................. 132 Committee Exhibit 29............................................. 136 HURRICANE KATRINA: THE ROLE OF THE GOVERNORS IN MANAGING THE CATASTROPHE ---------- THURSDAY, FEBRUARY 2, 2006 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, the Hon. Susan M. Collins, Chairman of the Committee, presiding. Present: Senators Collins, Warner, Lieberman, and Akaka. OPENING STATEMENT OF CHAIRMAN COLLINS Chairman Collins. The Committee will come to order. Good morning. In the partnership among State, local, and Federal Governments that forms the backbone of the American system of disaster preparation and response, our Nation's governors play the central role. They are the essential bridge between local knowledge, and needs, Federal expertise and resources. They are the chief executive officers of their States and the commanders-in-chief of their National Guard forces. They are the indispensable decisionmakers in times of crisis. They decide when to ask for a presidential declaration of disaster, when to declare a state of emergency, whether to call up the Guard, under what circumstances to stand up their emergency operations centers and ask their sister States for help, when to trigger an evacuation order, how much emergency financial obligation to incur, how best to put the State's own resources to work, and how and what to communicate to a population suddenly thrust into misery, uncertainty, and fear. The governor's influence cannot be overestimated in times of catastrophe. By word and deed, by where the governor spends time, by the priorities the governor sets, by the issues and problems the governor becomes personally involved in, the whole tone and tempo of the response to a disaster are established. And the ultimate results, the successes and failures, to a very large degree, measure the governor. Today's hearing will examine in depth the challenges faced by two governors in overcoming the awful consequences of Hurricane Katrina. Their experience and insight will help this Committee as we seek to understand what worked and what failed across all levels of government so that we can prepare more effectively for disasters yet to come. I am pleased this morning to welcome Governor Kathleen Blanco of Louisiana and Governor Haley Barbour of Mississippi to this Committee. In this, our 15th hearing as part of our in- depth investigation of Hurricane Katrina, we will explore further the issues that have surfaced in earlier testimony about the responsibilities of these States' chief executives both before and after the hurricane hit. How did they carry out the critical function of assigning responsibility for the emergency support functions under the National Response Plan and seeing to it that those duties were actually carried out? As an example of that, earlier testimony before the Committee revealed that the responsible cabinet officer in Louisiana completely abdicated his responsibility to plan for the evacuation of the elderly, the sick, and the poor who lacked their own means of transportation. How do the governors see their fundamental role of maintaining law and order and security of their citizens in cases where local law enforcement crumbles under the weight of its own deficiencies in planning and communications, as well as the severity of the conditions? How did the governors act to resolve disputes, conflicts, and jurisdictional rivalries among local, State, and Federal agencies that each wanted to do it their own way? How successful were they in expediting government resources to providers of critical services, even if they were in the private sector, such as hospitals and nursing homes? And then there is the uniquely American issue that must be addressed by the governors--resolving State and Federal differences regarding the status and use of National Guard and active duty forces in a very serious crisis. Under what circumstances, if any, should the National Guard be federalized? What of the relationship between the States? The pre-storm evacuation by Gulf Coast residents with their own vehicles was relatively efficient, due in large part to the exemplary cooperation between the two governors here today. In addition, the assistance from other States through the Emergency Management Assistance Compacts was invaluable. How can such cooperation be enhanced and used to even greater effect in the future? Finally, how do the governors see their own role within their own States? Who has the authority to order mandatory evacuations, and how can such orders be enforced? How can the governors help to resolve the communication problems that hampered preparation and plagued response across all levels of government? What can they do to remedy the serious problems that Katrina exposed that are clearly matters of State jurisdiction, such as the lack of effective evacuation plans for some hospitals and nursing homes? Governors are chief executives and commanders-in-chief of the National Guard. But above all, they are public servants with enormous responsibilities. They are the leaders to which their States' residents look to in times of crisis. This hearing will help us better understand both their obligations and limitations so that the partnership among governments that forms the core of our national emergency response system will be stronger and more effective the next time disaster strikes. Senator Lieberman. OPENING STATEMENT OF SENATOR LIEBERMAN Senator Lieberman. Thanks very much, Madam Chairman. As a matter of fact, I associate myself with just about everything you said. And I will make my opening remarks brief. I want to welcome Governor Blanco, Governor Barbour, and a special welcome to your wife, Ms. Marsha Barbour, who was kind enough to escort us when we were in Mississippi a few weeks ago. I suppose in full disclosure, Governor, I should repeat to you what I said to the first lady that day, which is that she was a much more intelligent, charming, and attractive woman than I thought you deserved as a spouse. [Laughter.] Governor Barbour. As usual, we agree, Senator. Senator Lieberman. And I am sure the same would be said of me and my wife and that relationship. I want to thank both Governor Blanco and Governor Barbour for the cooperation that they and their staffs have given us and our investigators and staff in our inquiry here. And I can't resist saying that I wish we had this same full level of cooperation from the White House, which we are working on, but we have not, in my opinion, yet received. This is your opportunity, Governors, to tell us, to the best of your recollection, what happened, to answer some of the questions about the performance of State government, your State governments in this unprecedented natural disaster, and also to share with us your frank assessment of the performance of the Federal Government, particularly in the preparation for and response to Hurricane Katrina. What comes out of our hearings, and the story is well known, which is that not just was there, particularly in New Orleans, the long-time fear of the so-called ``big one,'' the big hurricane that would overrun the levees and flood the city, but that there were specific warnings along the way in the Hurricane Pam exercise, etc. And I think, as we look back, I presume that both of you would agree that no level of government did as much as it should have done to prepare for that eventuality. And so, this is an opportunity to share your reactions to all of that. This investigation is not about getting anybody. It is about getting to the truth of what happened so together we can work to make sure that we are much better prepared for the disasters that will inevitably come. I want to say, finally, briefly that, as you both know, we were there a short while ago, the second trip Senator Collins and I have taken there. And I think we were both stunned by the continuing devastation that exists, and not just to the property, which is extraordinary, and the dislocation of the people, but the threat that the storm continues to leave on the communities involved, large and small. And if I may say so, on the unique cultures that are parts of those communities that are a very important part of the fabric of American culture. The Chairman and I were not satisfied with what we heard that day of the Federal work on reconstruction, and we are going to take action soon to make some recommendations that we hope will improve it. But most of all, this morning, I thank you for being here, and I look forward to your testimony. Chairman Collins. Thank you, Senator Lieberman. I want to echo Senator Lieberman's thanks publicly to Marsha Barbour for being our escort when we were in Mississippi and you, Governor, for joining us in our tour of New Orleans. Like Senator Lieberman, I was absolutely stunned at the apparent lack of progress. When we think of the $85 billion that we have voted for to invest in the recovery and reconstruction of the region, it is very difficult to figure out where the money has gone. And we look forward to working closely with both of you to try to expedite the Federal assistance and to make it more effective. I am very pleased to welcome our distinguished panel today. Both Governor Haley Barbour and Governor Kathleen Blanco took office in January 2004. Because this is an ongoing investigation and we are swearing in all of the witnesses, I am going to ask you to stand so that I can administer the oath. Do you swear that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth, so help you, God? Witnesses. I do. Chairman Collins. Thank you. We will begin with Governor Barbour. Thank you. TESTIMONY OF HON. HALEY BARBOUR,\1\ GOVERNOR, STATE OF MISSISSIPPI Governor Barbour. OK. I thought we were going to have ladies first. My fault. --------------------------------------------------------------------------- \1\ The prepared statement of Governor Barbour appears in the appendix on page 41. --------------------------------------------------------------------------- Chairman Collins. That is southern. [Laughter.] Governor Barbour. Madam Chairman, I thought you were from Southern Maine. Madam Chairman, distinguished Ranking Member, thanks for the opportunity to join you today to discuss the worst natural disaster in our Nation's history, Hurricane Katrina. I have given you my written testimony. So I am not going to read it all because I look forward to the chance to answer the questions about the things that you are interested in. I will simply tell you, for us, this wasn't a calamity for the coast. We had hurricane-force winds 200 miles inland. We had a county 100 miles inland where there were 12 fatalities from the hurricane. You have seen the obliteration of the Gulf Coast, but there was tremendous damage in our State inland and a number of fatalities inland as well. In its wake, Katrina left tens of thousands of homes uninhabited, often obliterated; thousands of small businesses in shambles; schools, public buildings ruined, unusable; and highways, ports, railroads, water, sewer systems, all destroyed. You mentioned the EMAC system, the Emergency Management Assistance Compact. Our sister States were tremendous to us, starting with Florida whose elite search and rescue teams were on the ground in Mississippi the night of the storm. And we had 600 Florida State law enforcement officers in Mississippi for more than 2 months. But it wasn't just Florida. North Carolina sent their Med- One portable hospital, Georgia's investigators, and Ohio's search and rescue teams. We had 12,000 National Guard from units from more than 20 States, boots on the ground. Alabama sent two MP units while Mobile was still flooded. So, as Governor, I am terrifically grateful to all of the States. The generosity of the American people has just been unbelievable--Corporate America, philanthropists, everyday citizens. The President came to Mississippi about the second or third time, we went to a feeding station, where I bumped into a man who told me he was from Vermont and said that he and 16 other truck drivers had driven 17 tractor-trailer loads of food from Vermont to Mississippi. And I was marveling, thanking him, and he told me it was his third trip. The generosity and outpouring of the goodness of the American people has been spectacular. And I will tell you, I appreciate the efforts of the Federal Government. People complain about the failures, and there are plenty of problems. But let me tell you about some Federal efforts that didn't go wrong. The night Katrina struck, Coast Guard helicopter crews from Mobile conducted search and rescue missions on the Mississippi Gulf Coast. These fearless young men, who hung from helicopters on ropes--dangling through the air in the pitch-black darkness of the first night because there was no electricity--pulled people off of roofs and out of trees. And by the first Friday, these Coast Guard daredevils had lifted 1,700 Mississippians to safety by hoisting them up into helicopters. Later that week, the U.S. Department of Transportation began providing fuel for all our emergency responders and all our critical operations, which was essential to our recovery efforts. During the relief and recovery stage, the Federal Government has pumped resources in to help us. These efforts have been enormous, but those efforts have been far from perfect. From the outset, there were problems and shortages. Some were the inevitable result of our State's bearing the brunt of the largest and worst natural disaster in American history, which obliterated all systems. Electricity, water, sewer, roads, bridges, communications were all devastated. FEMA's logistical operations simply didn't provide what was needed. We found ourselves having to scramble, adjust, innovate, make do. Our efforts weren't perfect either, not by any means. But the spirit of our people pulled us through. Our people are strong, resilient, and self-reliant. They are not whiners. They are not into victimhood. From day one, they hitched up their britches and did what had to be done, helping themselves and helping their neighbors. Their spirit has been an inspiration to me, and it was and is the key to relief, recovery, rebuilding, and renewal. I am going to stop in a second. I do want to thank Congress. Just before Christmas, Congress passed a major Katrina supplemental disaster assistance package, totaling $29 billion. Added to the assistance that will result from the Stafford Act, the Federal Government is providing and will provide some $25 billion to $27 billion of support for Mississippians and rebuilding our infrastructure. We are very grateful. And I pledge to you and to your constituents that we will be good stewards of the money that you are giving us. I especially want to thank Senator Thad Cochran, who led the passage of the package of supplemental appropriations, and Senator Trent Lott, who led the passage of the Gulf Opportunity Zone bill, and our entire congressional delegation. With that, Senator, I think what I will do is stop and let Governor Blanco make her remarks and then answer questions, as I would particularly like to speak to some of the questions that you raised, particularly about progress, debris removal, temporary housing. And so, I look forward to that. But if it suits the Committee, I would stop my formal statement at that point. Chairman Collins. Thank you. Governor Blanco. TESTIMONY OF HON. KATHLEEN BABINEAUX BLANCO,\1\ GOVERNOR, STATE OF LOUISIANA Governor Blanco. Madam Chairman, Senator Lieberman, I want to tell you that it is a great honor to be here today. I deeply appreciate your bipartisan review and your efforts to identify the lessons learned from Hurricane Katrina. --------------------------------------------------------------------------- \1\ The prepared statement of Governor Blanco appears in the appendix on page 52. --------------------------------------------------------------------------- I take full responsibility for improving Louisiana's emergency response, just as Congress is responsible for improving the Federal response. We stand united in our determination to do better. I thank the American people for uplifting us with prayers and generosity. And I must thank the governors and officials from every State and territory for sending tens of thousands of National Guard troops and first responders. Men and women from across the country from every State stood shoulder to shoulder with Louisiana's first responders and the Coast Guard to save lives. I count Louisiana's neighbors among our blessings. Governor Barbour, thank you. Thank you so much for being a good neighbor and helping me when I called you. You helped me to move 1.3 million people to safety before the storm. Many traveled through your State, and it was because of your willingness to enact a contraflow plan in your State, as well as the contraflow plan in our State, that actually worked. And thank you for extending welcome mats to so many of our displaced families. We have some of your families, too, ironically. But my heart goes out to your families. We know that our people lost everything. Our people experienced not just a Louisiana tragedy, not just a Mississippi tragedy, but an American tragedy of biblical proportions. In Louisiana, the catastrophic failure of our Federal levee system eclipsed Katrina, sending flood waters across New Orleans and the surrounding parishes. Still reeling from round one, Louisiana braced for round two. Rita leveled Southwest Louisiana the way Katrina leveled Mississippi. Katrina took 1,100 lives in Louisiana, and we mourn every one of them. Katrina and Rita wreaked a path of destruction through our State that displaced more than 780,000 people, ruined 217,000 homes, closed 18,000 businesses, and left 240,000 people unemployed. All 64 parishes in our State were affected, and I hope you will join me in recognizing presidents and leaders of many of the hardest-hit parishes in Louisiana who are with us today. I would like to ask them to stand. Benny Rousselle, Plaquemines Parish president. Kevin Davis, St. Tammany Parish president. Toye Taylor, Washington Parish president. Junior Rodriguez, St. Bernard Parish president. I have Mayor Randy Roach of Lake Charles in Southwest Louisiana. Jefferson Council president John Young. Craig Taffaro, who is a councilman in St. Bernard. And Roland Dartez, who is director of the Police Jury Association. These are the people who are in the trenches today, helping us to rebuild Louisiana and working through recovery. [Applause.] Governor Blanco. Senators, most of you on this Committee toured, and certainly, Senator Collins and Senator Lieberman, we appreciate the fact that you toured our devastated areas. I believe you definitely understand the gravity of what has happened. We appreciate your call for additional Federal funding, and it has to be sustained. Help us as we ask the rest of Congress to understand. One way you can do that is by urging your colleagues to visit our State, please. In a hurricane region, we learn from every storm. Our evacuation for Hurricane Ivan that did not hit our State resembled Houston's gridlock during Hurricane Rita. So, at that point in time, I revised our plan. The phased evacuation used during Katrina used contraflow, using both sides of the interstate for outbound traffic. We efficiently moved 1.3 million people to safety within 36 hours. In other words, we evacuated a population comparable to the entire State of Alaska or the entire State of Delaware or Hawaii, Rhode Island, or even Maine. In spite of successfully evacuating over 92 percent of the population, it is tragically clear that too many were left behind. Some people played hurricane roulette, remaining by choice, and had to be rescued. Others simply could not leave. We did the best we could under the circumstances, but we have to do better. We must do more to make sure that local governments succeed. When they succeed, we all succeed. Hurricane season begins again on June 1, and we are enacting lessons we learned. Here are some of the steps we are taking. We are rethinking our evacuation plans to account for the new reality of weakened levees and of people now living in trailers. We are requiring additional oversight of evacuation plans for nursing homes and hospitals. We are revamping primary and secondary emergency support functions under the State emergency operations plan. We are streamlining credentialing for out-of-state first responders, and the list goes on. We saw in Katrina what the Nation learned with the collapse of the communications systems after September 11. If you can't communicate, you can't coordinate. In Louisiana, we are working to acquire mobile command units and develop a state-wide interoperable solution that incorporates the entire emergency community. I ask Congress to design uniform interoperable standards with dedicated funding. Please reform the Stafford Act to account for catastrophic events and to allow the flexibility to adopt common-sense cost- saving measures that meet our needs. For example, the Stafford Act forces FEMA to purchase costly temporary housing when the wiser investment just might be in some permanent housing. It is not uncommon to hear about evacuation planning, but it is unusual to hear about the inability to repopulate an area after an evacuation. This is the dilemma we currently face. For our people to return home, we must guarantee their security, their housing, their jobs, access to health care, a restored infrastructure, and improved schools. We are rebuilding an entire urban center from scratch. Today, I ask Washington to focus on security and housing. Our people deserve a stronger levee system, coupled with a long-term plan for hurricane protection and coastal restoration. Louisiana could finance its own long-term solution if Congress would simply give us what we believe is our fair share of oil and gas revenues from the outer continental shelf. We would not be here today if the levees had not failed. People could have walked or driven home from the Superdome if the levees had not failed. Our people entrusted their lives and properties to levees designed more than 40 years ago. It was like we expected a worn-out 1965 Chevy to pass 2006 safety and inspection standards. It is long past time to upgrade. We must replace false security with reliable 21st Century hurricane protection systems based on the most innovative, scientific, and technological advances. In the last special session of the legislature, I pushed creation of the Coastal Protection and Restoration Authority. The CPRA is charged with overseeing levee boards statewide and developing a master plan for coastal and flood protection. Next week, I am convening the legislature one more time to consolidate levee boards, to reorganize New Orleans government in order to eliminate waste and duplication, and to elevate the director of the Office of Emergency Preparedness to directly report to the Governor in order to improve internal communications. These new actions are only the latest in a series of tough post-hurricane reforms that Louisiana has enacted to help rebuild ourselves stronger and better than before. For the first time ever, our State has adopted a state-wide building code to better protect against future storms. Our new reality forced my decision to cut $650 million from our budget. We had a $1 billion shortfall. We are cracking down on corruption and have adopted new standards of accountability, mandating full disclosure of disaster-related contracts by public officials and/or their relatives. In order for our people to return home, we must address at the root many of the inequities that dominated New Orleans and the surrounding communities. Parents need to know that we are committed to building a brighter future for their children. This is why the State is taking over failing New Orleans schools and insisting on standards of excellence. We will preserve our unique culture, while building an improved future for all our citizens. Our people need housing. I want to thank you for the housing relief Congress so graciously sent us through the Community Development Block Grants. But I must tell you that this funding will only take us to the first junction along a road of urgent needs. Louisiana suffered more than 70 percent of the housing loss from Katrina and Rita. Fifty-four percent of the housing funding does not come close to an equitable solution. We do have a plan, a plan that will help homeowners whose homes were destroyed help clear their mortgages without losing their pre-storm equity through the Baker bill. Congressman Richard Baker is proposing a bill that would complete our package and make it work for Louisiana citizens. Last week, however, the White House attempted to kill this bill. Our delegation is urging Congress to consider our proposal favorably. An investment in the Gulf Coast region is a wise investment in the economy and the economic security of our country. Our port system is one of the Nation's largest epicenters of trade and commerce. We produce 25 percent of the domestic oil needs that drive our economy and are so important to the move toward energy independence. Our cultural contributions are studied and celebrated the world over. Congress has been generous, but we have a long road ahead of us. We are insisting on accountability and adopting bold reforms at the State level that I hope will echo through the halls of Congress. We are writing the book on lessons learned from this catastrophe. Please, be our lasting partner. That is what we need from you. Stand by us as we rebuild. Our people, hard-working and patriotic American citizens, deserve no less. Thank you. Chairman Collins. Thank you. Governor Barbour, the Committee has heard repeatedly from officials at all levels of government that Mississippi's biggest problem immediately following Katrina was a severe shortage of commodities like food, water, and ice. In fact, your director of the emergency management agency has estimated that during the first 9 days after Katrina hit, FEMA delivered only 10 to 15 percent of the food, water, and ice that was requested by your State. And that point was actually echoed by FEMA's own representative in Mississippi, who has since retired. I want to ask you what you believe was the major cause of that shortfall in commodities. I understand that whole systems were down and communications were bad. But did it reflect, in your judgment, fundamental failures in FEMA's logistics? Governor Barbour. I don't think you can come to any other conclusion. It is correct, I know at least through the first week, that we were getting about 10 to 15 percent of what we were supposed to have received. As I said earlier, we just took matters into our own hands. We scrambled and started making things work. And the other Federal agencies, I have to say, really helped us. On the fuel side, the Coast Guard gave us 2 days worth of fuel when we were about to run out. And then before that was all consumed, U.S. DOT came in and provided fuel for us for several weeks. All of our emergency operations, including generators at hospitals and at public jails, not just motor fuel for our police cars. But that is what we had to do because FEMA couldn't provide it. Ultimately, the U.S. military provided us 1.5 million MREs that I remember them flying in, in C-17s if I remember right, there at Gulfport/Biloxi and started unloading tens of thousands of cases of MREs. Again, I don't know whether to attribute that to FEMA being agile or the military just filling in for them. But for us, it was a godsend. But this is the nature of the beast. And that is why when you ask ``what is the role of the governor,'' somebody has got to be in charge. And there can't be but one person in charge, and the Federal Government can't be in charge in Mississippi. And they never were. And you mentioned Bill Carwile, who was the Federal coordinating officer. One of the good things about the unified command structure was he knew he reported to me because it is like it says in the Good Book, ``Man can't serve two masters.'' And he and they tried hard, but their logistical system just couldn't provide it. So we made other arrangements in various and different ways, and this wasn't the only thing where we had to make other arrangements. And sometimes it was a Federal agency that came in to help us fill the gap. Sometimes it was the private sector. Sometimes people just figured out how to make do. Chairman Collins. Thank you. Governor Blanco, during the 15 hearings that we have held, we have heard a lot of very troubling testimony. And during this past week, in particular, we have heard testimony that is very troubling to me and that seems to contradict the statement that you made this morning in which you said ``we did the best we could.'' And I want to give you an example of that. Your Secretary of Transportation, Secretary Bradberry, has conceded to the Committee in his testimony that his department did absolutely nothing prior to Katrina to meet its emergency support obligation to plan for the transportation needs of those hurricane victims who could not evacuate themselves, the so- called special needs populations, nursing home residents, those who may have medical needs but are at home. His exact words I want to read to you. ``We have done nothing to fulfill this responsibility.'' How can you say this morning that ``we did the best we could'' when one of your cabinet members has testified that he did absolutely nothing to plan for the transportation needs of the most vulnerable people in your State? Governor Blanco. Senator Collins, I have a very honest cabinet secretary who explained to you, I believe, that plan was in transition. We certainly agree with you that the Department of Transportation should have planned for the evacuation of the most needy citizens. Let me say that will never happen again. We all have learned powerful lessons. But in the pre-evacuation stages, the parish presidents here would tell you that the first-line responsibility lies at the local level. They know what is going on. And as we walk through the process of evacuation, they express their needs up the chain. Just as we do with the Federal Government, they do at the local level. The nursing homes, in particular, all had evacuation plans that they were expected to follow. And if they didn't follow them, they were expected to ask for assistance, first, from their local governments and then to the State. And then if, indeed, that could not be handled, we would handle it just like we did in Hurricane Rita. We actually had military assets at our disposal for Hurricane Rita, and we pre-evacuated the nursing homes and the hospitals. This is a very delicate population, and it has to be handled carefully because, as all medical personnel will tell you, an evacuation under the best circumstances can cause a delicate population to cause us to lose lives in the evacuation process. We even, with having the most assets at our disposal, when we did Hurricane Rita, because everybody was in Louisiana at that time, we even found glitches in the system then. My own Lieutenant Governor, Mitch Landrieu, was paying a last-minute coordinating call to the Lake Charles area just before the hurricane struck and ended up staying overnight with them in order to expedite the evacuation. Some of the military assets and the FEMA assets were being redirected to Houston, when they had been ordered by our DOD commander, General Honore, to come to Lake Charles. So even under the best of circumstances, a lot of things get confused. We have learned, though, a lot of lessons, and we are demanding that the nursing homes submit their plans to the State for very close scrutiny and review, and we will make sure that they all get evacuated. Chairman Collins. Well, let us talk about the nursing homes. You made the point that lives could be lost during the evacuation process. And I certainly agree with you that it is difficult, and it requires planning to move frail patients. But in this case, what happened is the majority of nursing homes did not evacuate, and people died because of it. You talked about that the nursing homes have an obligation to come up with their own plans, and that is certainly true. But certainly, when pleas for help were coming in to your emergency operations center, they should have been responded to. The most troubling testimony that we have received in this past week was from Joseph Donchess, who is the executive director of the Louisiana Nursing Home Association. He testified that although he is a named participant to sit at the EOC in Baton Rouge and was there throughout Hurricane Katrina, that when he communicated, passed on the messages from nursing homes pleading for buses to help evacuate them, pleading for fuel to keep their generators going, he was told, in effect, that because he represented a private organization that he could not order or send out missions for help. As a result, the evacuation of nursing homes was much delayed. He told us of a specific case where the delay contributed to the deaths of six patients. Were you aware that requests were coming in from nursing homes--I know you were present at the EOC--and that they were not being given priority, as Mr. Donchess has testified? Governor Blanco. I know that Mr. Donchess was extremely agitated in the aftermath of the hurricane when I saw him and spoke to him in the EOC. At that point in time, evacuations were far more difficult, and nursing homes and hospitals were competing for the limited amount of assets available to us. I would not characterize it, as he has, that nursing homes did not have a priority. Indeed, there were tremendous cries for help from many sectors--hospitals that needed evacuation, nursing homes needed evacuation. I cannot say that it was a pretty sight. But I will tell you, Senator, you are absolutely right in your concerns, and we will do a better job coordinating. I would like to point something out, though. It does take some time to evacuate this delicate population. And on the day, on the Friday before the storm, if every State that was threatened by this hurricane began evacuations on the Friday before the storm, Florida's nursing homes and hospitals would have all been evacuated in the panhandle. Alabama's coastal nursing homes and hospitals would have all been evacuated. Mississippi's would have all been evacuated, and Louisiana's. And that means they would have all moved north, perhaps into other States, into other facilities, or into the northerly reaches of our respective States. This would call for an enormous amount of equipment to accomplish this. Chairman Collins. I have just got to say that I can certainly understand his being extremely agitated if he is getting reports in that the most vulnerable elderly, ill, infirm patients in nursing homes are dying and can't get evacuated. I would be agitated, too, if I was getting those reports. Governor Blanco. We also have investigations going on, and arrests have been made. There is a personal responsibility from the owners of nursing homes. And I do want to correct the record. I don't think that anyone stopped to ask about public or private facilities. Indeed, we had privately owned hospitals that were evacuated by whatever assets we could command. I would take issue with that particular characterization because, in the end, we evacuated 60,000 people. We had limited assets with unlimited needs. Remember that we are going to do this better the next time, and I think Mr. Donchess is very willing to work with us now to make sure that each nursing home follows its evacuation plan early and properly as well. Chairman Collins. Senator Lieberman. Senator Lieberman. Thank you, Madam Chairman. Governor Blanco, I want to go back to Secretary Bradberry for a moment because I had two reactions to his testimony yesterday. The first was to be quite impressed and appreciative of the work that he did on behalf of your administration with people from New Orleans city government in the mass evacuation, which was really quite remarkable and obviously is a major reason, perhaps the most significant reason, why more people were not killed by Katrina, in addition to the heroic efforts by a lot of search and rescue people. And that is the people who pretty much could get out on their own. But to facilitate that was a very important and impressive exercise in governmental partnerships. But on this question of the responsibility that his department was given under the State emergency response plan, I must say that his answer that it was transitional didn't fly with me. And just to briefly say that, as I understood it, the State, under your leadership, did something very responsive and constructive, which was that you--and maybe in response to the Hurricane Pam exercise--also created a new State response plan in some sense mirrored after the Federal response plan. In that regard, you gave the State Transportation Department the specific responsibility to get ready for transportation facilities for those who could not get out on their own prior to a natural disaster. And what was really stunning to me, first, in the reading of the staff interview with Secretary Bradberry was that he essentially said he didn't think that was an appropriate--I am paraphrasing, but I think I am catching the essence of it. He didn't think that was an appropriate responsibility for the State Department of Transportation. So he just plain didn't do it. And the consequences of that were terrible. Incidentally, we had the man from the Federal Department of Transportation here yesterday, and they didn't get going until after the storm either in terms of the enormous transportation assets they could have brought. But I want to ask you, were you aware that Secretary Bradberry had made this personal judgment that he essentially was not going to carry forward his responsibility for pre-storm evacuation transportation? Governor Blanco. I was not aware. But then, again, let me say that we didn't have any specific requests in the pre-storm exercise. We had much need after the storm. Senator Lieberman. I am sorry, and excuse me. Do you mean that the city did not make a request for pre-storm transportation for evacuation? Governor Blanco. That is correct. The city did not. Senator Lieberman. Even though, am I right, the State Department of Transportation was given that responsibility under the State response plan? Governor Blanco. That is correct. Senator Lieberman. But for some reason, the city did not ask, and the State did not, on its own, initiate any action to do that. I want to go back. So I don't want to dwell too long on this. But you did not know that Secretary Bradberry had decided not to carry out that part of his responsibility? Governor Blanco. No, sir. Senator Lieberman. Just for future reference, was there anybody in your administration who had responsibility for essentially making sure that the various State officials who had been given individual responsibility were carrying it out in preparation for a disaster? Governor Blanco. Yes. The officer in charge of the Louisiana Office of Homeland Security and Emergency---- Senator Lieberman. OK. And hopefully, going forward, that person under your direction will make sure that everybody in the State government is doing what they are supposed to be doing to get ready for a disaster. Governor, yesterday, the Comptroller General, David Walker, issued a preliminary report on the conduct of the Department of Homeland Security and FEMA in regard to Katrina, and it was quite critical. The press secretary at the Department of Homeland Security put out a statement in response, which was quite critical of the comptroller general's report. In it, there is this sentence, and we will want to ask Secretary Chertoff and Mr. Brown about this. But since you are here today, I want to ask you about it. This is, again, the response of DHS to the criticism yesterday. ``The preliminary report falsely implies inaction by DHS and FEMA before landfall. In fact, the clear record shows that State officials expressed satisfaction with the Federal Government's asset pre-positioning and other pre-hurricane assistance during a video conference the Sunday prior to landfall.'' There is a transcript of that conference that we have pulled up, which is Exhibit 3 in the exhibit book.\1\ But I am going to quote from it. If you want to look at it later, you can. President Bush was on that video call on Sunday, August 28. Other officials from around the country. --------------------------------------------------------------------------- \1\ Committee Exhibit 3 appears in the Appendix on page 93. --------------------------------------------------------------------------- The record shows that during the call, Colonel Jeff Smith, Deputy Director of Louisiana Office of Homeland Security and Emergency Preparedness, provides a briefing for all on the call. And at the end, Mike Brown, Director of FEMA, says, ``Colonel''--and I presume this is the basis for the DHS response--``Colonel, do you have any unmet needs, anything that we are not getting that you need?'' And Colonel Smith says, ``Mike, no.'' Then there is a word that is inaudible to the transcriber--``resources that are en route, and it looks like these resources that are en route are going to be a good first shot.'' ``Naturally, once we get into this thing, neck deep here, unfortunately, or deeper, I am sure that things are going to come up that maybe some of even our best planners hadn't even thought about. So I think flexibility is going to be the key and just as quickly as we can cut through any potential red tape when these things do arise.'' I want to ask you what your understanding of what Colonel Smith was saying there. Because, obviously, the DHS is saying and going to say that they have got the word that they felt that everything was fine as far as the Federal pre-positioning for the hurricane coming on. Governor Blanco. Senator Lieberman---- Senator Lieberman. Excuse me a second. Am I right that you were not on the call? Governor Blanco. That is correct. Senator Lieberman. So what I am asking you to do is to really try to, as a chief executive, help us interpret what Colonel Smith was saying. Governor Blanco. I think what Colonel Smith would be referring to, and I was not on the call, was the fact that for what we might call a ``normal hurricane,'' and if the levees had not failed, we would have had what we call a ``normal hurricane.'' And that would have been a lot of wind damage, a lot of rain damage. Senator Lieberman. Right. Governor Blanco. I think that what FEMA seemed to be lining up and what they were lining up would have been considered adequate, and it would probably have worked fairly well for us. Senator Lieberman. Had there not been flooding? Governor Blanco. Had there not been the awesome flooding that we had to deal with. Senator Lieberman. Right. Governor Blanco. And so, I am sure that in the early stages, the best you can do is know what is being lined up and know that you can count on that coming in. As it turned out, the level of preparation at the Federal level was inadequate. The State was overwhelmed. The Federal resources were overwhelmed. The local resources were overwhelmed. We were all overwhelmed by the magnitude of the fury of the storm, which then destroyed the Federal levees and then inundated our entire region with waters that were very destructive. And in that case, it became inadequate. Senator Lieberman. So do you think there is basis for what I take it to be the DHS statement that Colonel Smith's words led them to believe that at that point, on Sunday afternoon, the State was satisfied with what FEMA had done? Governor Blanco. Well, I think if they tell you that they have got a multitude of resources lined up, I can tell you, not being on that conference, that was the way I felt from the personal interactions that I had with Mike Brown and other FEMA representatives. They were working hard, we thought, to pre-position a lot of various assets, and indeed, they did that. And in the end, it simply was not enough. Senator Lieberman. Even though, by testimony we have heard and the extraordinary narrative that you provided the Committee, that Dr. Mayfield of the National Hurricane Service spoke to you on Saturday night, apparently got so anxious about what his scientific ability told him was coming that he was calling anybody he could call. Did he call you, Governor Barbour? Governor Barbour. Yes, sir. Senator Lieberman. Right. To say, ``This is the big one. This is going to probably cause enormous flooding.'' So, on Sunday, wasn't the State on notice--and the Federal Government, I gather--from Dr. Mayfield's warnings, on notice that flooding was probably going to occur? Governor Blanco. We expected flooding. We get flooding after every hurricane. It is the amount of flooding that became untenable. There are certain low-lying regions that flood every time. And that is why we had wildlife and fisheries boats pre- positioned, some 400. But I do want to say that we had first responders from all over Louisiana rushing in to the scene immediately following, as soon as it became evident of the level of devastation. We had volunteers who drove in with their boats and began rescue missions late Monday afternoon. Rescues, when life is in danger, a rescue situation is never really pretty. It is filled with tension and danger. Senator Lieberman. My time is up. Thank you. Chairman Collins. Senator Akaka. OPENING STATEMENT OF SENATOR AKAKA Senator Akaka. Thank you very much, Madam Chairman. I am sorry I was detained and missed all of your testimony. Just to let you know, I was at the National Prayer Breakfast this morning and also had a hearing as ranking member on the Veterans Committee. So I thank you so much. But I have got to tell you the timing has been perfect. Thank you, Madam Chairman, Governor Blanco, and Governor Barbour. I would like to add my welcome to you, too. In October, I toured parts of the Gulf Coast with my colleagues on the Energy Committee, and I was deeply moved by the heroic and humanitarian actions taken by the people of the Gulf region. It was great to hear and see them. Throughout our investigation, I keep thinking about those Gulf Coast residents who couldn't take care of themselves, especially the sick and the elderly. Like most Americans, I was stunned by the news footage of those left behind in nursing homes and hospitals. We saw firsthand nurses and doctors moving stranded patients to higher ground and higher floors as the hospital flooded, knowing that their own families needed help, too. I know Senator Collins has questioned you extensively on this subject, but I would like to follow up with a few additional questions. I would like to follow up with you on an issue I raised earlier this week with Dr. Guidry, the medical director of the Louisiana Department of Health and Hospitals. As you know, Emergency Support Function, ESF-8, of the Louisiana emergency operations plan gives the Louisiana State University Health Sciences Center primary responsibility for providing and coordinating hospital care and shelter for nursing homes and home health patients with acute care requirements, as well as casualties of emergencies and disasters. However, our Committee interviews have revealed that health care officials, specifically those in the Department of Health and at LSU, knew that LSU did not have the capability to perform this emergency function when the plan was agreed upon. As Senator Collins mentioned, a representative from the Louisiana Nursing Home Association testified that LNHA was barred from submitting requests for assistance for stranded nursing home residents through the E-Team process at the State emergency operations center. It looks to me as though there was no one organization willing and able to take responsibility for the Louisiana nursing homes during Hurricane Katrina. My question to you is did you know that the emergency operations plan contained a health care section that was not operational when you approved it? Governor Blanco. Senator Akaka, there are many parts of the early emergency plans that are very difficult to achieve, and we understand that. I do want to--for your own information because I have responded to Senator Collins' inquiry, the nursing home question, I believe, came into play in the aftermath of the storm, when we had unlimited needs, but limited resources. The nursing homes were competing with the hospitals at that point in time for removal of the neediest patients, fragile patients. We understand that we need to pre-evacuate nursing homes and have the nursing home owners follow the plans that they submit to the local governments. And the State has already put processes in place now to assure ourselves that every nursing home owner is following a prescribed plan and is safely evacuating their nursing home patients before an event occurs and not to be found in these difficult situations when everybody is crying and clamoring for resources. And I respectfully disagree with Mr. Donchess's assertion that because it was private sector they didn't have standing. We were evacuating private sector hospitals at the same time that we were evacuating public hospitals. In fact, some of the private hospitals got pre-evacuated, got evacuated before the public hospital. Senator Akaka. What person or agency do you hold accountable for responding to nursing home needs in the event of a disaster? Governor Blanco. We will now have the Department of Health and Hospitals responsible for that, and that will be Secretary Fred Cerise. Senator Akaka. Thank you. Governor Barbour, your testimony raises concerns over the labor shortage in Mississippi that is hindering your State's reconstruction. I share your concern over labor issues. However, in order to attract workers, their rights must be protected. I understand that Latino and immigrant workers are playing a critical role in rebuilding Mississippi communities. Yet numerous reports indicate that they are being exploited by contractors. The Mississippi Immigrant Rights Alliance, one of the key organizations assisting foreign workers on the ground, has filed approximately 200 complaints of nonpayment with the U.S. Department of Labor. Complaints have also included injuries resulting from unsafe working conditions. What is being done to enhance enforcement of State labor laws and to penalize unscrupulous contractors who refuse to pay or refuse to protect their workers? Governor Barbour. Senator, as you noted, those complaints were filed with the U.S. Department of Labor. They haven't been filed with the State, to my knowledge. Now the attorney general is not my appointee. He is an independently elected government official like I am, and perhaps his office has received those complaints. He is the person who would receive complaints about consumer fraud or business practices, that sort of stuff. But perhaps this organization has chosen to file those exclusively with the U.S. Department of Labor, which would be, of course, up to them, not up to me. We have, as I noted in my testimony, a lot of nonlocal people who are there working. Some of them are Latinos, Hispanics. Others are from other parts of the United States. We have got plenty of work for them. They need to be treated just like anybody else, and that is the policy of our State. I think if the attorney general were here, he would tell you that is the policy of his office. And if those complaints were made to him, I am sure he would act on them. Senator Akaka. Governor Blanco, would you respond to that also? Governor Blanco. I am not aware of anything, any complaints filed, not to say that couldn't be going on in Louisiana as well, sir. Thank you. Senator Akaka. Thank you. Governor Barbour, for those of your residents who were self-employed before the hurricane and who have been unable to find work since then, the Federal Government now provides financial assistance to meet their needs through the disaster unemployment assistance. That program now provides about $90 a week in benefits. Do you think it is realistic to expect these displaced and unemployed residents of your State to support themselves and rebuild their lives on $90 a week? Governor Barbour. Senator, as you noted earlier, we have a labor shortage on the coast. Anybody who is earning $90 a week through disaster unemployment or any other kind of unemployment, it is because they choose to. Because there is plenty of work, and there are jobs that are going a'begging in my State, good-paying jobs. In fact, we see today restaurants that can't open their normal hours because they can't get enough labor. So anybody that is getting $90 a week of disaster unemployment assistance in Mississippi is doing it by choice. Senator Akaka. Thank you. According to the diary you submitted to the Committee, Governor Blanco, Exhibit 29,\1\ on Saturday evening, Mayor Nagin informed you over the phone that he intended to order a mandatory evacuation of New Orleans on Sunday morning. Given the fact that you knew it was important for as many people as possible to evacuate, did you encourage Mayor Nagin to issue the mandatory evacuation order that night in order to give the people of New Orleans extra time to evacuate? --------------------------------------------------------------------------- \1\ Committee Exhibit 29 appears in the Appendix on page 136. --------------------------------------------------------------------------- Governor Blanco. Senator, the mayor and the parish presidents, many of whom are present with us today, all worked with us, and all of us were asking our people to evacuate beginning Friday morning. We learned late Friday night that Louisiana would be affected by the storm. So first thing Saturday morning, we had a 7:30 a.m. conference on Saturday morning. We also had one at 5 p.m. on Friday night, the night before, but Louisiana was not definitively a target at that point in time. We had just moved into the cone of influence. But by Friday night, we knew the hurricane was coming. So we began immediately early Saturday morning, all of us, urging evacuation, getting people to not panic, but to plan their exit. We evacuated an urban center of 1.4 million people. Now that is bigger than many States that are present and represented on this panel. It had to be staged in order to work properly. The low-lying areas had the mandatory orders out on Saturday. In Hurricane Ivan, those low-lying areas have one road down and the same road out. They are peninsula-like regions. And people from the low-lying areas actually got trapped and could not get out because the urban center had clogged the arterials. We have very limited access. I-10 is the main arterial that goes from California to Florida. And I-10 east and west is basically the main highway that people would mostly take. So when that happened, we all got together and worked very closely, and all signed agreements on how to stage an evacuation plan. It went extremely well. As the lower lying areas ordered their mandatory evacuations first, we were also urging all people to evacuate. We weren't saying, ``Stop, New Orleans people, do not evacuate.'' We were saying, ``Get your evacuation plans going. Pack up. Prepare to be on your own for 3 days. Bring food. Bring chairs. Bring cots if you have it. Bring your pillows, your blankets. Bring toys for the kids. Pack like you are going on a camping trip.'' Those were the things that I said to the people on the media. But we began that process on Saturday morning and urged evacuation all through the day Saturday. These parish presidents were urging mandatory evacuation so that their people would not get trapped. On Saturday night, Max Mayfield called me. Now we had been in our evacuation process. We had called for contraflow at 4 p.m. in the afternoon. I had called Governor Barbour on Friday night, per our plan, our coordinated plan, and asked him if he would also order contraflow in his State so that some of our people could exit from the east and go north. And he did. I let him know on Friday night that was our plan, and again on Saturday morning, I confirmed it with him. We had a terrific partnership. We are going to do the same thing with Texas. In Rita, Texans came into Southwest Louisiana, the very place that we needed to evacuate ourselves. And our highways, our interstate was totally gridlocked for many miles. So Governor Perry and I have conferred, and our people are now working on a sensible exit plan to respond to these huge numbers of people who live in Texas that may need to use Louisiana highways. We think it is appropriate. We just need it to be coordinated, and we could establish contraflow if we pre- plan that. See, I had to tell the Louisiana people in Southwest to use the back roads as much as they could to be able to get through the gridlock on the interstate. But we got everybody out safely for Rita. We did many things similarly in Katrina. Our contraflow plan worked magnificently. I was up in the air checking it. I watched it at major intersections, when you are blocking traffic from entering the city, when you have all of your lanes going outbound, and that is basically what we were attempting, what we actually did. So the evacuation process was complex. In fact, Secretary Bradberry of the Department of Transportation was the person who masterminded this, along with Colonel Whitehorn of the Louisiana State Police. And as I said, this was a very deliberate and well-planned and agreed-upon effort. All of the parish leaders had to sign on and agree to have the courage to stay with their plan. Now when Max Mayfield called on Saturday night, I will tell you that the mayor was probably going to call mandatory evacuation on Sunday for New Orleans because that was in the plan. But Mayfield actually enhanced his sense of urgency. Mayfield called me first, and I said, ``Sir, there is a mayor you must speak to tonight.'' He said, ``I have been trying to reach him.'' I said, ``I have his number. Give me yours. I will find the mayor and connect you two.'' So when the mayor got that information Saturday night, he immediately went to his television stations and urged the people even more. Now do you know that all through the night Saturday night, our interstates were flowing outbound, and we still had contraflow in place all through Saturday night until we were supposed to close it down on Sunday at 4 a.m. Now you can't keep these things up. You have cones in the highway. You have barricades that prevent incoming traffic. You have got to remove all of that before a hurricane because the wind will then take those, and those will be flying missiles, and that can be very dangerous. So Governor Barbour's people had to do the same thing in Mississippi for us all to be able to make this thing work. His people were also using that contraflow part of the interstate that our people were using, and I had to urge patience because people, in tense situations, they might drive recklessly. They might get injured. An automobile accident, I told them explicitly. ``Drive carefully. We don't want you to get killed in an automobile accident. The idea is to get you to safety.'' And that was essentially what went on. When the mayor did call for mandatory evacuation on Sunday, I had traveled into New Orleans and had two press conferences on Saturday, but I went back on Sunday morning for the 9 o'clock announcement to back him up, to make sure that the citizens understood the seriousness and the severity of what we were dealing with. And Senator, there were news reports at that time saying that no governor had ever gone into the city during the course of a hurricane. And so, they understood the seriousness of it, and the media was urging their citizens as well to get out. They were supplementing our messages, and they were saying Governor Blanco is here 2 days in a row. We know this is a serious hurricane. We are urging all of you to get out. No governor has ever done that before. So our evacuation efforts were comprehensive. There are always people, though, who want to play hurricane roulette. It is nearly impossible to get 100 percent of the people out. Our people are jaded, to some extent, or feel very brave at other times. We had evacuated for Hurricane Ivan. It didn't come to Louisiana. We had a bluebird day, and everybody was frustrated up on the highways. The kids are screaming, and you just want to get home, and they had to turn around and come back. And they said, ``We did that for nothing.'' And I was so worried that this time, they would take that same attitude because Huricane Ivan was just the year before. But, fortunately, most people did not. But some people believe that they can tough out a hurricane. We have got some pretty rough, tough citizens who feel like they can be challenged by anything, and they choose to stay. And indeed, they would have been right, but for the flooding. They could have toughed out the storm, the winds and the rain of the storm. They would have made it. Chairman Collins. The Senator's time has long expired. Governor Blanco. I apologize. I am sorry. Senator Akaka. I thank you very much, Governors, for your responses, and I thank you for the time, Madam Chairman. Chairman Collins. You are welcome, and we will do another round. So you will certainly get more opportunity. Governor Blanco, before we go on, I do want to clarify an issue involving Mr. Donchess's testimony because I think you are under a misimpression. He did not say that the issue was whether the nursing home or hospital was privately or publicly owned, as you have asserted twice this morning. Governor Blanco. Well, that was my understanding. I am sorry. Chairman Collins. Right. And that is why I want to correct it for the record and just for your personal information. His point is that although he was a designated participant at the EOC, because he was representing a private organization, not a governmental agency, his requests were not handled in the same way that they would have been if they had come from a governmental entity, despite the role that specified for his organization in the plan. So it had nothing at all to do with the ownership of nursing homes and hospitals, and I just wanted to clarify that. Governor Blanco. We will fully investigate that, Senator Collins. There is no excuse for that. I appreciate the clarification. Chairman Collins. Governor Barbour, obviously, the evacuation of nursing homes and hospitals and others with medical needs presents some real challenges. Can you tell us what the experience was in Mississippi? How did you go about dealing with your nursing homes and other vulnerable populations? Governor Barbour. Well, first of all, the health department, the Division of Medicaid, the Department of Mental Health all have a piece of the action here. When Hurricane Ivan came, Governor Blanco mentioned Ivan, and I identify with her talk about hurricane fatigue. With Ivan, everybody boarded up, evacuated, nothing happened. Then for us, Hurricane Dennis, everybody boarded up, evacuated, and nothing happened. And candidly, Friday and Saturday, we were very worried about people evacuating. Even though a mandatory evacuation had been called for in the flood zones on the coast, there was just a lot of hurricane fatigue. But we have a situation where we have got a couple of nursing homes that are very vulnerable, and we just make them evacuate. And candidly, that is risky. As Governor Blanco said, some of those frail elderly, moving them is physically dangerous for them. It is emotionally dangerous for them. But Miramar, which is one of those nursing homes, is a slab today. So it was obviously the right risk to take in the case of Katrina. Same thing with the hospitals. The health department works with the hospitals, and we see what the danger looks like. And we evacuate anybody that can be taken. We had a number of hospitals that were knocked out, flooded. Hancock County, particularly. But most of the damage was down low. As you know, they are pretty well built, but we got a 38-foot storm surge in Hancock County, and that flooded them out. But I remember, not this hurricane because it was so obviously going to be bad, but for Ivan, we had to make one of the nursing homes evacuate. And that is where Medicaid comes in because that is who pays them. And if they get sort of uncertain of whether they need to evacuate, I get the director of Medicaid to call them, and they get a better attitude. But I sympathize. This is a dangerous thing, and we only do it when we know or we just think there is a really big risk. And that is really all I can tell you about it. Chairman Collins. I have noticed that the Mississippi Emergency Management Agency recently hired a logistics expert. Does that reflect your assessment that you can't rely on FEMA to be there for logistics? Or does it indicate that you found a gap in your own preparedness, or is it both? Governor Barbour. Madam Chairman, I don't try to micro manage FEMA--MEMA. Sorry. Either one of them, for that matter. But I don't try to micro manage MEMA. We are staffing up a little bit there. We have a tremendous amount of paperwork now that is involved with getting the reimbursements and getting all of that done, seeing how much the State's share is. The other thing is we are preparing for the next hurricane season. We have 34,000 travel trailers sitting on the Gulf Coast. Chairman Collins. Very vulnerable. Governor Barbour. Yes, ma'am. And they are vulnerable in several ways. They are not only vulnerable, if houses were blown away for 10 blocks deep, as you have seen, think of what it will do to these travel trailers. The other way they are vulnerable is the fear that some people will put a trailer hitch on the back of the pickup truck and drive off with the travel trailer, which is now hooked up to sewer. Most of them are hooked up to electricity. A handful still are running gas and that sort of stuff. So that is dangerous. But part of his logistical issue that the head of MEMA faces now is how are we going to deal with the people on the coast who are in temporary housing, very vulnerable temporary housing? And that may be why, but I don't know his specific thinking. And as I say, I think of my job, I don't try to micro manage all the State departments and agencies. If they think they know what to do, I tell them to do it. If they don't, I tell them, well, come on, let us sit down and talk about it, and we will figure it out. But both of those two situations may figure into that. Preparing for the future and also making sure we are getting all our Federal reimbursement stuff right. Chairman Collins. Governor Blanco, yesterday Mayor Nagin expressed his frustration over what he described as ``an incredible dance between the Federal and State government over who would be in charge.'' He said that the failure to promptly resolve that issue impeded the response to Katrina. And he went on to describe a meeting that he attended with you and with the President in which the President presented you with two options. Either the Federal Government could have a unified command structure over both the active duty and National Guard troops, thus essentially federalizing the Guard, or you, as Governor, could retain your authority over the Guard, and the Federal commanders would simply coordinate their efforts with you. The mayor said to us that he pushed very hard. In fact, he described himself as ``I was a bit pushy. The meeting left me disappointed. No decisions were made.'' He said he pushed for this fundamental issue to be rapidly resolved, but he told us that instead of a decision being made at this critical meeting, where all the participants were, that you instead asked for 24 hours to make a decision, thus delaying the resolution of what the mayor identified as a key impediment. It seems to me that the options were pretty clear, the two options. You had the mayor expressing his repeated concern that the failure to resolve the command structure one way or the other, and he made very clear that he didn't care which way the decision was made, was hurting the response efforts. Why didn't you just make a decision at that point? Governor Blanco. Senator Collins, the mayor was not in our meeting that I had with the President, per se. The discussion had nothing to do with the underlying assumptions that no decision was made. Indeed, I told the President that the proper way to do business would be for me, as Governor, to retain control of the National Guard and for him to simply send troops in. I was pushing for Federal DOD troops to come in. At that point in time, we had very few. We had General Honore, a magnificent general of the Army, there without a force. And I was asking for a force to come in. And I was very clear with the President that I, as Governor, needed to retain control of the National Guard. There was no question in my mind ever. The President was asking another question, and I said out of respect to him that I would give him 24-hour notice. It had nothing to do with my adamant decision to retain control of the National Guard. There is not a governor in this country, four territories, or the mayor of Washington, DC, who would give up control of the National Guard. You absolutely have to have the law enforcement capacity of the Guard in these circumstances. I have for many years, as a citizen of the State of Louisiana and as a public official for the various offices that I have held, worked with and coordinated and observed as a citizen the National Guard coming in as a support system for local law enforcement authority. They have the legal right and the proper training to do that. Indeed, many of the Guard members who work in security, per se, are members of the civilian law enforcement effort that exists in our State and in our Nation. So they know the protocols, the local protocols. They know how to fold in with local law enforcement very well. I will tell you that at that point in time, Mayor Nagin had not been in good communication with us. You know the communication system had fallen down. The National Guard on Friday--this conversation occurred on the Friday after the storm. We actually were in the process of evacuating the Superdome. We had begun that process on Thursday and had also begun the process of evacuating the Convention Center on Friday. And I knew from our logistics and because I was deeply involved in every decision on this triage mission that I inherited from above that we were nearly completely finished with the evacuation process. Now that was the trauma of the week, trying to get assets to move about 60,000 people, 70,000 people out of the Superdome and out of the Convention Center. And that was when I was pleading for additional assets and for additional help from the Federal Government and waiting, well, gathering our own school buses up and sending them in, beginning on Tuesday, picking people up off the highways that were exposed to the elements. I also knew that we were just very nearly finished with that evacuation mission. Now I had asked General Honore to be in charge of the evacuation when he came in on Wednesday, and he coordinated all of his activities with me. We were in constant communication. But General Honore did not have a force to use. So he had to use the National Guard. We had to do a very focused, coordinated effort, and the National Guard actually carried out the vast amount of the responsibilities. We did ask the small number of DOD forces there--and really, it was a handful initially and very few people after that--to do the actual coordination. Chairman Collins. Governor, I will come back to this issue, but my time is expired. So I am going to yield to Senator Lieberman. Senator Lieberman. Thanks, Madam Chairman. I am actually going to pick up on that. Because this is an important question, not just to help us understand what happened in the case of Katrina, but because one of the questions we are considering is the role of the Department of Defense in responding to disasters here at home, whether they be natural or, God forbid, terrorist. Incidentally, you provided early in December, both to this Committee and the House investigating committee, I think it is a 33-page narrative on what you were involved in, which has been very helpful to us. And I will refer to this as I go through my questions. Let us go to Monday, August 29. Hurricane Katrina hits landfall. Am I correct at that point or even before, had you begun making requests--and here I am speaking particularly for military assistance--from both your own National Guard, other National Guards under the so-called EMAC program, and the Federal Government for active Army support? Just tell us a little bit about who you spoke to after landfall at each of those levels. Governor Blanco. Well, before landfall, the Louisiana National Guard was being activated. We had, out of a force of about 11,000, approximately 5,000 available to us. The rest of them were in Iraq or Afghanistan. Senator Lieberman. Right. Governor Blanco. So we immediately activated all 5,000. Senator Lieberman. I want to make that clear. Your intention was to activate every available National Guards person? Governor Blanco. Every available member of the Guard in Louisiana. Senator Lieberman. Right. Governor Blanco. General Landreneau, who is the Adjutant General---- Senator Lieberman. Adjutant General, right. Governor Blanco [continuing]. Of the Louisiana Guard also began to make calls to some of our nearby States, and they had already begun, before landfall, to deploy force in some numbers into Louisiana. Senator Lieberman. Right. Governor Blanco. In the aftermath of the storm, General Landreneau and I worked very closely. We were trying to determine exactly what our needs would be, and he began immediately to call the adjutant generals of other States, and governors from many States across the country---- Senator Lieberman. And how did they respond? Governor Blanco [continuing]. Were calling me and offering assistance, as well as I was calling others to ask for specific assistance. Senator Lieberman. By what time---- Governor Blanco. I got it in every single case. Senator Lieberman. Good. Governor Blanco. They responded quickly and with force. Senator Lieberman. Let me try to focus on that a little bit. By what point did you have the 5,000 members of the Louisiana National Guard activated? Governor Blanco. I think that was probably by Monday---- Senator Lieberman. Later in the day, after landfall, or during the day? Governor Blanco. Well, I would have to go back and actually look at the record. But I know that they were activated before and converging on the scene. They were stationed away from the destruction because you don't want too many of them to get caught. Senator Lieberman. Right. Governor Blanco. Now we had some also in the area. We had some embedded in the Superdome. Senator Lieberman. Right. So when did the National Guard start to arrive from other States? Governor Blanco. Oh, on Monday, and I think prior to the storm, probably on Sunday a few. But in large numbers, Tuesday, Wednesday, and Thursday. Senator Lieberman. So is it fair to say by---- Governor Blanco. By Thursday, we had a significant number. Senator Lieberman. Can you take a guess at what it was? Governor Blanco. I know that we had probably more than 2,000 because part of what I needed right then on Thursday was this effort to settle the issues of the lack of law enforcement in the city down. Senator Lieberman. Right. Governor Blanco. The media had certainly amplified the lawlessness going on. Senator Lieberman. Hold off on that a minute because I do want to come back to that. Let me now ask you at what point you began to specifically request what I would call ``regular Army'' involvement? I know you have said, correct me if I am wrong, that General Honore came onto the scene, and you met with him on Wednesday, I believe you said in your narrative. Does that sound right? Governor Blanco. Right. Senator Lieberman. But at that point, he had few or no active Army troops? Governor Blanco. Well, I had requested it when we had begun talking on Tuesday. Senator Lieberman. Who did you talk to? Governor Blanco. I called General Landreneau---- Senator Lieberman. Right. Governor Blanco [continuing]. And asked him to go through the channels. I mean, he is military. DOD forces in Iraq and National Guard work side by side. Senator Lieberman. Right. Governor Blanco. So I asked him to see what he could do to bulk up and get DOD forces. He called General Honore. Now these two men have a great deal of respect for each other, and General Honore is from Louisiana. Senator Lieberman. I could tell that General Honore was from Louisiana when I heard him speak, yes. [Laughter.] Governor Blanco. You could tell. He has a wonderful Louisiana accent. Senator Lieberman. He does. Governor Blanco. Well, his son is in the Louisiana National Guard as well. So he called General Honore, who promptly showed up on Wednesday. Now I was under the impression that--also on Wednesday, I spoke to the President directly. Senator Lieberman. Right. Governor Blanco. And told him, I was trying to explain the magnitude of our situation. That was very different, as Governor Barbour has said, from his situation. Senator Lieberman. Yes. Right. Governor Blanco. We had water for a month, that we had to dry the place out. But nonetheless, I was excited when General Honore actually showed up on Wednesday. I thought we had gotten the response that I had requested. Senator Lieberman. Can I go back a ways? Did you ask the President that was in a phone call on Wednesday? Governor Blanco. It was in a phone call on Wednesday. Senator Lieberman. For specific additional regular Army? Governor Blanco. Military assistance. Senator Lieberman. Yes, and let me ask you this question. Were you looking for additional numbers? In other words, you had a growing number---- Governor Blanco. Yes. Boots on the ground. Senator Lieberman [continuing]. Of National Guards people, or was it special capabilities that you thought the regular Army would have? Governor Blanco. Well, it was both. We needed troops. We needed people on the ground. Senator Lieberman. Right. Governor Blanco. There was a huge amount of work to be done. And indeed, when they did come in, beginning on Saturday, they worked for weeks. It was hard work, going house to house and trying to find any people left. But I asked in a phone call on Wednesday. And then later in the day Wednesday, I thought that my request had been honored and---- Senator Lieberman. When General Honore showed up---- Governor Blanco. On Wednesday. Senator Lieberman [continuing]. You assumed that was the response to your request to the President? Governor Blanco. I did. And I was very pleased and honored, and I thought that was pretty rapidly deployed. Senator Lieberman. Did General Honore then tell you that he was going to be bringing in regular Army troops? Governor Blanco. Well, he never actually committed to that because I think I have to assume that he couldn't make that call by himself. But he came, as he explained to me, in an advisory capacity. I then asked him to please take over the coordination of the evacuation process. Senator Lieberman. Right. Governor Blanco. And we worked very closely together. I mean, we were in constant communication. But as I said, the National Guard then had to actually do the evacuation. But they all worked together. It was very well done. Senator Lieberman. OK. Let me ask you a question. Now we are going to Thursday of that week, and I am basing this on your narrative. It happens to be page 12 of Exhibit 29.\1\ You met, you tell us, with General Blum, who is the head of the National Guard for the country, to discuss what was happening. --------------------------------------------------------------------------- \1\ Committee Exhibit 29 appears in the Appendix on page 136. --------------------------------------------------------------------------- And in that narrative--and you correct me if I am wrong-- you state that General Blum advised you that you, as Governor of the State, that your National Guard forces should not be federalized. Is that correct? Governor Blanco. That is correct. Senator Lieberman. What were the circumstances under which that came up? Were you worried that there would be a request to federalize the forces, or did General Blum initiate---- Governor Blanco. This is what was going on. We understood the magnitude of our need. So General Landreneau at one point came to me, and he said, ``Governor,'' he said, ``I have been calling in to these States, but I need General Steve Blum to make a national call.'' Because I kept saying, ``How many troops do we have coming in now?'' And we were just looking at the whole picture. And then you must remember this was not just New Orleans. This was St. Tammany---- Senator Lieberman. Sure. Right. Governor Blanco [continuing]. Washington Parish, St. Bernard, Plaquemines. There were many needs. Jefferson is a huge parish, huge geographic parish. And we needed people deployed in all of these regions, and a lot of people live in those areas. Senator Lieberman. Excuse me for interrupting, just because the time is going. Governor Blanco. I am sorry. Senator Lieberman. No, that is not your fault at all. I appreciate it. In the conversation with General Blum, were you concerned or was he concerned that there might be a request to federalize the troops? Or did he just say that as part of the normal operating procedure of the National Guard? Governor Blanco. No. I told him that I had asked the President for DOD forces. Senator Lieberman. Right. Governor Blanco. And then on Thursday, and I guess maybe before that, the word ``federalization'' had been floating around. And as I appreciated, I asked General Blum to explain what exactly that would mean. Senator Lieberman. Yes. Governor Blanco. And he said it would mean that the National Guard forces would become a part of DOD, and then we talked about the law enforcement capabilities that I needed. And in federalization, it changes, all of that changes. You lose the law enforcement capacity. Senator Lieberman. Correct. Because of posse comitatus, and all of that. Governor Blanco. So I asked him because, really, I didn't want to be negligent, and I said does it prevent DOD coming in with force, if we don't do this thing, this federalization move? Senator Lieberman. Yes, because---- Governor Blanco. And he said absolutely not. Senator Lieberman. It doesn't prevent them? Governor Blanco. It does not prevent them. Senator Lieberman. OK. Let us go to Friday, the meeting that we have heard about, whether it was a dance or not I guess is up to the participants' vision of it. But the President was there. Mayor Nagin was there. Was it at that larger meeting or at what we have heard described as a separate meeting right afterward that you and the President had that the idea of federalizing the Louisiana National Guard was first raised? Governor Blanco. It was in our separate meeting. Senator Lieberman. Right. And who was there besides the President? Governor Blanco. Well, in our private meeting, I think it was just the President, myself, and I think his Deputy Chief of Staff, Joe Hagin. Senator Lieberman. Right. Was there an explanation given about why you were being asked to federalize the National Guard of Louisiana? Governor Blanco. The President was just asking me what my thoughts were on it. It was just really an honest discussion about the pros and the cons of coordinating, how would you best coordinate two forces. I would describe that as a very honest and open and direct conversation, and I shared with him mainly the things that I have told you. Senator Lieberman. So you tell me if I am drawing a wrong impression from what you just said. Though the question was being raised by the President, I take you to be saying you didn't feel like this was a demand or a coercion? Governor Blanco. I did not feel at that time in that meeting that there was any demand or coercion. I thought that he was seeking an honest answer. And indeed, on Saturday, he announced the organization just as I had suggested it, and the organization worked. Senator Lieberman. So, again, why the question was even coming up, to the best of your knowledge, it was just being described as a matter of administrative what, effectiveness or---- Governor Blanco. Well, I guess what I would say that at some junctures you could sort of boil it down to just trying to figure out how to make it work for everybody. Senator Lieberman. OK. Governor Blanco. I was trying to get more people in, and another concern of mine was if they gave my National Guard to the DOD general, they might then consider that all the force that I was going to get. And I needed more people. I needed a lot of people. Senator Lieberman. Let us go to Friday night, and again, I am depending on your narrative. Close to midnight on Friday, you received a phone call from the Chief of Staff at the White House, Andrew Card. Is that correct? Governor Blanco. No. I received a call from General Blum-- -- Senator Lieberman. OK. Governor Blanco [continuing]. Who was at the White House. Senator Lieberman. Was Mr. Card on the phone? Governor Blanco. Not the first two calls, but on the third call. Senator Lieberman. And they all happened that night? Governor Blanco. All happened that night. Senator Lieberman. Am I right that, at that point, you were being requested to allow the federalization of the Louisiana National Guard, and they faxed you this memorandum of understanding that we have since---- Governor Blanco. Essentially, I would say yes. Senator Lieberman. What was the reason given for that request? Governor Blanco. For a midnight call? Senator Lieberman. Yes. Three, apparently. Governor Blanco. Right. Well, the reason was that the President was going to make a statement the next morning. Senator Lieberman. And was going to announce that the Louisiana Guard was going to be federalized? Governor Blanco. If I would agree to it. Senator Lieberman. Yes. And did General Blum, who had advised you earlier in the week not to allow the Guard to be federalized, continue to take that position? Did he say nothing, or did he urge you to allow the federalization? Governor Blanco. He explained to me that he was at the White House, being asked to make this call to me, and he had a schematic that he asked me to agree to. He actually didn't explain anything. He asked me to sign a letter that he was sending and wanted me to return it in 5 minutes. Senator Lieberman. That was the memorandum of understanding? Governor Blanco. That is correct. And I told him I could not do any such thing without legal review and that I certainly didn't want to make midnight decisions, even though I happened to be very wide awake. Senator Lieberman. Mr. Card then was on the second call? Governor Blanco. On the third phone call, I think. Senator Lieberman. Who was on the second? Governor Blanco. Blum. Senator Lieberman. Calling back and asking---- Governor Blanco. It was Blum, and then Card came on on the third call. Senator Lieberman. Card on the third call with the same request? Governor Blanco. Right. Senator Lieberman. And again, any reason given for the request? Governor Blanco. They just thought it was--at that point in time, Andrew Card determined that he thought it was the best way to go. Senator Lieberman. Yes. Did you feel under pressure at that point, as compared to the conversation with the President earlier in the day? Governor Blanco. Well, it was a very different kind of pressure, but I still told him no. Senator Lieberman. Yes. And that is the way it ended? Governor Blanco. That is correct. Senator Lieberman. Thank you very much. Governor Blanco. I was very definitive, sir. There was never a question in my mind as to the lines of authority. Senator Lieberman. Thanks, Governor. I apologize, Madam Chairman. I just want to ask Governor Barbour a quick question. Were you at any time asked to allow the Federal Government to federalize the Mississippi National Guard? Governor Barbour. I was never directly asked. I made it very plain from day one that we didn't need Federal troops. We didn't need the Federal Government to run our National Guard, and they never attempted to. And when General Honore came onboard, it was made plain to me, and I made it plain to the Federal Government that we loved having General Honore, but he wasn't in charge of anything in Mississippi. Senator Lieberman. Yes. So, in a sense, you preemptively, if I may use that word, made it clear that you were not going to allow the federalization? Governor Barbour. Nobody ever asked me. But when the talk started---- Senator Lieberman. Right. Governor Barbour [continuing]. I was very emphatic. It was the wrong thing to do. It is the wrong thing to do, but nobody ever asked me to do it. As far as I know, nobody ever tried to impose that. Senator Lieberman. Thank you. Governor Barbour. Yes, sir. Chairman Collins. Thank you. Senator Warner. OPENING STATEMENT OF SENATOR WARNER Senator Warner. Thank you, Madam Chairman. I welcome you, Governor Barbour. Nice to see you again. And Governor Blanco, I welcome you as well. Both of you had a very arduous task and a challenging one, and history will have to unfold and make its judgments, but I have been impressed with your testimony this morning. I have been on an issue for some months up here in the context of these tragedies, and that is the doctrine of posse comitatus, which controls the authority of the Federal troops, that is the regular Army, Navy, Air Force, Marines, when they are involved in situations like this. It is a time-honored doctrine that prohibits them from involving themselves in what we call the ``normal police activities'' by a municipality or State or otherwise. And I support that basic doctrine. But then given the magnitude of these tragedies, I think we should go back and address the doctrine once again, determining if there may be cases for making some exceptions to that. And I have so wrote that to the Secretary of Defense, and that study is under way. But I think your views on it would be helpful. Recognizing that when the Guard and regular forces are integrated in the confusing, often tumultuous situations that evolve in these catastrophes, the average citizen can't distinguish from one uniform or the other. They are about the same. And if a law enforcement situation arose where the local law enforcement needed the assistance or wasn't available, and citizens had to turn to such troops that were present, the Federal troops would have to step back and relinquish the entire responsibility to National Guard, which does have the legal authority to integrate and work on law enforcement problems. Now given that history and doctrine, was that a factor in some of your considerations with regard to Federal troops, I ask you, Governor Blanco? Governor Blanco. I am not sure I understand the question. It was what? Senator Warner. When you decided about the utilization of the Federal troops, you wanted boots on the ground? Governor Blanco. I wanted boots on the ground to help with our---- Senator Warner. And you wanted those boots to have full authority to assist law enforcement? Governor Blanco. No, sir. Senator Warner. You didn't? Governor Blanco. No. I have the National Guard for that. And that is why I did not want the Guard federalized. It is very important for a governor to be able to retain control of the National Guard precisely for its law enforcement capabilities. Many of the members of the Guard who work as security forces are actually civil law enforcement officers in their daily work. So they know the rules. They know the parameters. They know the language of local law enforcement, which is very different from military protocols. And so, I think it is very important to respect the time- honored issues of posse comitatus. I would urge you not to do anything to alter that. I think that the recommendation that I would make is if and when a governor requests additional Federal troops, in our case, we needed people. We needed people who could go in and carry out very difficult missions, which, indeed, they did afterward. And that was going from home to home, doing the searches. Doing even some more rescue efforts at certain times. But I would say if a governor calls, please send the troops, and they can work out their coordination details upon arrival. But as we support the local law enforcement efforts at the State level with the National Guard, I think that having the Federal troops support the National Guard is the correct procedure. Senator Warner. Governor Barbour, do you have some views on that subject? Governor Barbour. We never asked for any Federal troops, partially because we didn't need them. But we never lost continuity of government. Our local police and fire, Waveland, Mississippi, population 7,000, 26 policemen. There is not a habitable structure in Waveland, Mississippi. At 9 p.m. the night of the storm, all 26 policemen were on duty. And so, we never got to the situation where we even thought about Federal troops. We do have Federal troops. We have military facilities, and particularly the Seabee base, they were fabulous. But never in any law enforcement role. Never wanted them in any, never needed them in any, never asked for them in any. And I would not be for making any change in posse comitatus, and I would not be for using Federal troops. The truth of it is, Senator, the National Guard, most of them are not trained for law enforcement. More of that is they can help with important things. The uniform makes people behave. But I would hate for my National Guardsmen to have to go out and start arresting people because they are not trained to do that. They could hurt somebody. So we tried, as much as possible, except for the MPs and other specially trained people, to not let our Guardsmen get in a true law enforcement situation. There was plenty of other stuff for them to do, don't get me wrong. But I think that not only is the doctrine of posse comitatus important, I think it is important that these folks are not trained in law enforcement. And lots of them are warriors, and the training they got is not exactly what you want from law enforcement. Senator Warner. Well, the Department of Defense now is looking at the future of the Guard, and I am among, I think, most of us here who want to support the Guard and strengthen it in every way. Should we add, as a requirement, that Guardsmen receive some basic training in law enforcement in the event that they may be called in to situations? Governor Barbour. I am not sure it is necessary, Senator. I would not advocate that if it took away from training for their true mission for the country because their mission is critical. I just had 3,500 come home from Iraq, and they did a fabulous job because they are trained. And I wouldn't want us to train them on something superfluous. But, yes, if there is extra time. If it doesn't interfere with the real mission. Lots of them are going to do some kind of duty that is close to law enforcement during their period in the Guard, but I sure wouldn't let it interfere with the real mission. Senator Warner. No, I don't think that. Governor Barbour. Yes, sir. Senator Warner. But as you know, those of us who went through basic training in the military, you are given a diversified spectrum of training initially, and they don't have to have that as their primary mission. But it might be helpful in the event of these contingencies. This was an extraordinary event in the history of our Nation, and great people stood up and provided assistance for which they had no training at all. And they acted magnificently in a wide range of areas. Governor Barbour. Yes, sir. And the Guard was indispensable to us. We had about 12,000. Every National Guard of every State in the country did something. But we had about 12,000 actually, as they say, boots on the ground. And they were indispensable, but we tried not to let them have any true law enforcement assignment unless they were trained for it. Senator Warner. Good. Thank you. I hope to press these questions with General Honore-- because he distinguished himself in this area--Madam Chairman, when he appears next week. I thank each of you. Chairman Collins. Thank you. Governor Blanco, you were very clear this morning that Mayor Nagin did not participate in the private discussion that you had with the President in which you did definitively turn down the option of changing the status of the Louisiana National Guard. And that contrary to what the mayor told us yesterday, you did reach a decision during that meeting. Is that correct? Governor Blanco. I was very clear, yes. I was very clear with the President on the way that I believed the structure should function. I was much less concerned with turf than with tactics. I needed people, and I did not need to do a paper reorganization at that moment. Chairman Collins. I am trying to figure why, if you rejected that offer at that meeting, you got three phone calls after midnight that night and a memorandum of agreement concerning the authorization consent and use of dual status commander for Joint Task Force Katrina was faxed to you. If you told the President that you didn't want to change the status of the Guard and the decision was, in fact, made at that meeting, then---- Governor Blanco. I am not saying that about the decision. I said we had an honest discussion, and I left very clear on what I wanted to do. I told the President--he is the President of the United States--that with all due respect, if I changed my mind, I would let him know within 24 hours. How that conversation was reinterpreted by Mayor Nagin is another conversation I was not privy to. At midnight, a hybrid offer, I suppose, was called in for my consideration. But essentially, it had the same effect, in my estimation. Chairman Collins. Well, that is what I want to clarify. I want to clarify two points. Then, essentially, Mayor Nagin is correct that a final decision was not made until later, but you are saying you made a tentative decision? Governor Blanco. I did not. I gave the President my idea of how this structure could work. And on Saturday morning, he ended up agreeing with me when he went to his press conference to announce that he would be sending additional troops. I was there to ask for additional troops. I wasn't there to talk about structure. The structure was their conversation or their concern, not mine. Chairman Collins. I want to clarify a second point related to the structure, and it is in Exhibit 5 in your book,\1\ if you want to look at what I am reading. --------------------------------------------------------------------------- \1\ Committee Exhibit 5 appears in the Appendix on page 132. --------------------------------------------------------------------------- This is the memorandum of agreement that the White House proposed, and I think it is important that we look at it because when we use the word ``federalizing'' of the National Guard, most people would believe that meant that you would lose control over the National Guard. But in fact, that is not at all what the White House proposed to you. Governor Blanco. It was a hybrid arrangement at midnight on Friday night. Chairman Collins. It is. It is dual-hatting, and it says specifically under State Command and Control, ``The Louisiana governor will provide command and control over the supporting National Guard forces. As a member of the Louisiana National Guard in a State status, the dual status commander is subject to the orders of the governor of the State of Louisiana.'' What really was being proposed is that General Honore, the active duty general, would report both to you and to the Secretary of Defense. Is that not correct? Governor Blanco. Well, that is probably essentially correct. As I said, it was a hybrid. Apparently, they spent all day trying to figure out how to federalize without actually federalizing, I guess. I am not quite sure what that exercise was all about. In essence, the drama moments were settled by the Louisiana National Guard and the Guard members from 50 States, 4 territories, and Washington, DC. And I couldn't get one Federal Government to move its troops in to assist. So, at that point in time, this hybrid arrangement coming to me at midnight just seemed a little like posturing instead of a real solution. Chairman Collins. Well, let me make clear that I think it would have been helpful to you to have active duty troops in your State earlier than---- Governor Blanco. I agree, Senator. Chairman Collins [continuing]. When the bulk of them arrived, which was not until Saturday. You did have General Graham and his staff in the State on Wednesday. But significant numbers of troops did not arrive until Saturday. We did ask General Landreneau whether the fact that those significant numbers of active duty troops that did not arrive until Saturday harmed his ability to execute any missions. And his response was that while the National Guard forces had to perform the missions with smaller forces than was ideal, he told us, ``I cannot identify a mission that was compromised.'' Do you agree with that assessment? Governor Blanco. Well, our people worked very hard, and that is what Louisiana's trademark is. We have hard-working people who will do whatever it takes, no matter what the circumstances are. And that is, I think, what he was defining that while we would have probably felt better about having more boots on the ground, we did with what we had. And that was the story all week, that story of that week of misery that our people had to suffer. We did all that we could with what we had, and we worked very hard and saved a lot of lives. We saved 1.3 million before the storm, and we pulled out over 70,000 in the aftermath of the storm. And so there are a lot of Louisiana heroes. They are in the National Guard. They are sheriff's deputies. They are city police officers. They are firefighters. They are volunteers. We had a State senator, Walter Boasso, and another in the affected region, who lost his home and business, leading rescue missions. My lieutenant governor was leading rescue missions. Another State senator outside of the area organized volunteers and brought volunteers with their boats in to lead rescue missions. We did with what we had. It was miraculous. We did a fabulous job, Senator. And I can only tell you that the Louisiana heroes are long in number, strong in courage, and they did a magnificent job. Could we have used more help? That was what I was trying to say. And I believe the help could have come on Tuesday or Wednesday. The Federal forces could have been leaning forward under the annex part of the disaster planning that FEMA has. They could have leaned forward and come. Even without me asking, they could have come. But I was asking, and I just want to make that clear for the record. Chairman Collins. I am just going to ask a couple final questions to each of you, and I am going to start with Governor Barbour--and ask you the same question. Looking back, what do you believe is the single greatest deficiency at the State level that you had to confront, and what reform are you going to implement at the State level to improve your response? Governor Barbour. The lack of a survivable interoperable communications system is the single biggest problem. If you can't communicate, you can't lead. My head of the National Guard might as well have been a Civil War general for the first 2 or 3 days because he only could find out what was going on by sending somebody. He did have helicopters instead of horses, so it was a little faster. But same sort of thing. But that is clearly the biggest problem, and I would suggest for the Federal Government, the Federal Government has a dog in that fight, too, and that it should be involved in it. But that is the thing. If it is one thing, that is the one thing. Chairman Collins. You have anticipated what my second question was going to be for you, and that is what is the single most important reform that needs to be done at the Federal level? Governor Barbour. Well, in my testimony, you will see I make some suggestions about how to improve debris removal, temporary housing. And I will try not to run on. Chairman Collins. Take your time. Governor Barbour. But we think the biggest single thing is to get your people home. If your people come home to rebuild their community and have hope and optimism, then they will stay, and they will rebuild the Gulf Coast bigger and better than ever, which is what is going to happen. They have got to have temporary housing. Got to get the kids back in school. Got to have work. One hundred fifty-one of our 152 school districts in Mississippi were open October 10. The last one opened November 6, and it would have been opened 2 weeks earlier except the portable classrooms got delayed. So our kids are back in school. Over 99 percent of Mississippi school children are back in school in the community where they were before the hurricane. Now some of them are not in the same school building because it doesn't exist anymore. Some of them maybe have gone to another part of the county. Second, we have 34,000 people living in travel trailers right now. I am going to come back to that. We have already talked with Senator Akaka. There is work. The biggest problem for getting people home, once you get the electricity on--and don't underestimate how critical that is. Everything runs on electricity, it turns out. And our electric utilities, Mississippi Power and Entergy Mississippi, were fabulous. After Camille, a much smaller storm, it took 8 weeks to get the electricity back on. Twelve days after the storm, Mississippi Power gave electricity to everybody who could receive it. Unfortunately, there were about 70,000 houses that couldn't receive it because they had been destroyed. But the temporary housing thing has been the toughest mountain, and I say in my testimony, please, come up with alternative temporary and transitional housing solutions. The single solution of travel trailers and mobile homes is just not enough. These guys have put in more travel trailers than anybody, maybe two or three times the pace. It is just not good enough. We have got to have other solutions for temporary housing because you cannot rebuild your community if people can't have a place to stay at home. They start going to Texas and going to Georgia, getting a new job. And our whole goal was to get people home as fast as possible, to give them a stake in rebuilding the communities, and give them optimism and hope that they are going to be part of building back the coast bigger and better than it ever was before. Chairman Collins. Thank you. Governor Blanco, the same questions for you. What is the number-one reform that you are going to be pressing for at the State level, and what is the most important reform that we need to do at the Federal level? Governor Blanco. I think, as I remarked in my comments, my opening statement, that communication network is probably the single most important thing that hampered our ability to understand what was going on in the field and respond to the needs of the local leadership. So interoperability and a communications network is extremely critical to Louisiana's response efforts. We are working to acquire mobile communication networks, command units that can be deployed into a disaster area of any magnitude right now. We also know that the monies that we received for that are dedicated 80 percent to the local governments and 20 percent to the State. We have begun the process of developing an interoperable network that will transcend into the local level so that everybody is on the same page and that we can all communicate on the same network, and I think that is extremely important. As to the Federal side, again, Governor Barbour and I have the exact same problems. We experienced a lot of the same frustrations. Ours was a magnitude and a dimension that was far greater, and I guess that is our essential difference. The storm hit an intensely urban area. But I will tell you that the big frustrations come through FEMA contracts. These local leaders will tell you that they could have effected a clean-up for far less money, and the money that you have expended on the clean-up could be going to restoration and to rebuilding housing instead of debris removal. The contracts could be done earlier at the local level if given some flexibility. And the Stafford Act definitely needs to be revised to handle a catastrophe of the magnitude that we are dealing with. Specifically, the costs of sending in temporary housing sometimes equate per unit to the cost of buying new housing for our citizens, permanent housing. And I think that the Stafford Act needs to be reviewed, and I believe that a lot of FEMA people who have to work with it will be in agreement with us. It is faster to fix apartment units that have gone down--but that is permanent housing, they are not allowed to do that--than to run out and try to find a bunch of trailers that don't exist on the scene. I think they had to order some 150,000 trailers, and this Nation, in the early stages of this operation, could produce 3,000 per month. So you see the longevity efforts. Now the trailers are in place, but they are spending a lot of money putting up the infrastructure for the trailer communities. And again, this is all temporary housing, and it is estimated that sometimes it costs as much as $75,000 to $100,000 per unit to establish. You could buy a house for that amount of money. But there is a prohibition against permanent housing. And I hate to see good money thrown after temporary situations when we could, in effect, be putting in permanent housing. Chairman Collins. Thank you. Senator Lieberman. Senator Lieberman. Thanks. Governor Blanco, one of the questions we are focusing on here is why all levels of government--but we are particularly focusing on the Federal Government, of course--didn't heed the warnings that in the big one, a big hurricane hitting--I am speaking specifically about New Orleans now because of the water all around and the topography, the bowl effect--that the local and State governments would be overwhelmed and that the Federal Government would have to come in. And one of the questions we keep asking is why they didn't do it earlier. Last fall, before a House committee, the former director of FEMA Michael Brown testified, when he was asked the question about his biggest mistake, just as you all were just now, he said, ``My biggest mistake was not recognizing by Saturday that Louisiana was dysfunctional.'' I presume that you are familiar with this comment? Governor Blanco. Yes, sir. I am. Senator Lieberman. I don't know if you ever had the chance to talk to him about it. It was last fall after he had left FEMA. Governor Blanco. No. I chose not to speak to him. Senator Lieberman. Yes. So how do you react to that? And what do you think the basis for that statement was? Governor Blanco. Well, let me just capsulize it by saying that Mr. Brown was removed by the President, and I thank him for it. Mr. Brown has now set the record straight, and I thank him for it. Senator Lieberman. That was very gracefully done. [Laughter.] Let me ask you a factual question now, which is, and I am asking everybody this. In your opening statement, you remarked that we would not be here if the levees had not failed. Absolutely right. But fail they did. I am interested in knowing when and how you first learned that the levees around New Orleans had broken or been topped? Governor Blanco. Starting at about noon on Monday, probably at a pretty strong period, high pitch of the storm event for the New Orleans area, the region, we began to learn of many levees breaking. You cannot do anything during the course of the storm. Everybody has to stay put. There is not very much you can do. Senator Lieberman. How did you learn? Governor Blanco. Well, we were hearing it, I guess, to some extent, from our own internal reports. We had people out in the field, and the reports came in. And I remember that I went to the press briefings and reported it out to the media as well, through the media. Senator Lieberman. What went through your mind when you heard that the levees had broken? Governor Blanco. My heart sunk. Senator Lieberman. Yes. Governor Blanco. Yes. We expected some overtopping, and we, indeed, got that in some of the low-lying regions. We were depending on those levees to hold. Senator Lieberman. What steps did you take after you learned that? Governor Blanco. Well, when I spoke to Mayor Nagin later in the afternoon, I immediately called General Landreneau and asked him if he could begin to organize an effort by the National Guard to go sandbag the breach. He started that process immediately. Now you can't bring helicopters up as long as the winds are blowing, and not all helicopters can be flown at night either. So they organized a sandbagging operation. Senator Lieberman. From the ground? On the ground? Governor Blanco. Well, no. They had to do it--they couldn't do anything from the ground. Senator Lieberman. So, in other words, they waited until the hurricane had subsided? Governor Blanco. They had to. Yes, sir. Senator Lieberman. Right. Governor Blanco. You have no choice in that. There was still gale force winds and tropical force winds late Monday afternoon. So, in the next day or so, they began to organize a sandbag operation, and the general called me, I needed to report on what was going on. And so, he called, and he said, ``Governor,'' he says, ``I hate to tell you this. We are dropping 3,000-pound sandbags into that breach, and they are disappearing as though we are doing nothing.'' Senator Lieberman. Right. Governor Blanco. So with the Department of Transportation, Secretary Johnny Bradberry, and his public works people, together with the National Guard in those early, those first days, they tried to figure out how they could stop the breach. They had to build a road to the area, and also the West Jefferson Levee Board was helping the Orleans Parish Levee Board. And they brought all their equipment in, and they had to build a road. There was a bridge that prohibited getting in by boat. Any kind of complication that you can think of was there, but they began the process. Then they designed 10,000 pound sandbags, and for several days, they brought that in. But on Friday, the level of the lake and the level in the canal became the same. Before that time, the lake was very high and pushing water into the canal and into the city. Senator Lieberman. Right. Thank you. I have no further questions. I just want to come back to a line of questioning and leave you with something to think about, if I might, and I ask your thoughts, which is the whole question illustrated, in some sense dramatized, by the conversations you had, Governor Blanco, with the Federal Government--the President, etc.--about troops coming in. There is no question that one of the reactions, certainly here in Washington, to Hurricane Katrina was to ask, looking back, why didn't we move Federal regular Army troops in, in the specific case of New Orleans, quicker? But now to look at an increasing role through the Northern Command of the regular Army, so-called Title 10 forces, in homeland defense and disaster response. Again, thinking both of natural disasters and the possibility of a terrorist attack. And I think it is very important for the governors and your State adjutant generals to think this through and give us your counsel on it, both in terms of whether the Federal role would be critical just for more personnel or whether they, and you said both, Governor Blanco, would bring some extra capability? Presumably, the regular Army could have set up at least right after the storm, maybe right before, a communications system that would have literally weathered the storm. And under what circumstances you, as governors, would like to see that happen? And then I guess you both made pretty clear what administrative arrangement you would like to see, which is that you, as governors, remain in charge of your National Guard State, but that the Federal presence be separately under the command of a Title 10 commander. In this case, it was General Honore. Anyway, these are real important questions. I know the people at the Pentagon are thinking about them. I know that Admiral Keating of Northern Command is thinking about them. We are going to have them testifying before us in the next week or maybe afterward. I believe next week. And you are at the middle of this because you are going to be the people who are going to be on the front lines, literally, and we need your counsel as to how best to create both the assistance and appropriate command and cooperation. I thank you both, and I thank you, Madam Chairman. Chairman Collins. Thank you. I want to thank both of you for your participation in this hearing today. Your testimony was very helpful to us in getting a better understanding. I can't imagine two governors in the United States who have been tested through such an ordeal more so than you have, and I do want you to know that, as we go forward, we are also very mindful of the recovery and reconstruction challenges that you face. And both of you, in your written statements, give us advice and recommendations and requests, and I want to assure you that those have not gone unheard. Your full statements will be included in the record. I do anticipate that there may be some additional questions for the record. So the record will remain open for 15 days. Again, thank you for your participation. Governor Blanco. Thank you, Senators. Governor Barbour. Thank you, ma'am. Senator Collins. The hearing is now adjourned. 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