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A FAILURE OF INITIATIVE F i n a l R e p o r t o f t h e S e l e c t B i p a r t i s a n C o m m i t t e e t o I n v e s t i g a t e

t h e P r e p a r a t i o n f o r a n d R e s p o n s e t o H u r r i c a n e K a t r i n a

A FAILURE OF INITIATIVE Final Report of the Select Bipartisan Committee to Investigate

the Preparation for and Response to Hurricane Katrina

Report by the

Select Bipartisan Committee

to Investigate the Preparation

for and Response

to Hurricane Katrina

Union Calendar No. 205

109th Congress 2nd Session

Report 109-377

Available via the World Wide Web: http://www.gpoaccess.gov/congress/index.html

February 15, 2006. — Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

U. S. G O V E R N M E N T P R I N T I N G O F F I C E K e e p i n g A m e r i c a I n f o r m e d I w w w . g p o . g o v

W A S H I N G T O N 2 0 0 6

For sale by the Superintendent of Documents, U.S. Government Printing Offi ce Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800

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

COVER PHOTO: FEMA, BACKGROUND PHOTO: NASA

23950 PDF

ii A FAILURE OF INITIATIVE

SELECT BIPARTISAN COMMITTEE TO INVESTIGATE THE PREPARATION FOR AND RESPONSE

TO HURRICANE KATRINA

TOM DAVIS, (VA) Chairman

HAROLD ROGERS (KY) CHRISTOPHER SHAYS (CT)

HENRY BONILLA (TX) STEVE BUYER (IN) SUE MYRICK (NC)

MAC THORNBERRY (TX) KAY GRANGER (TX)

CHARLES W. “CHIP” PICKERING (MS) BILL SHUSTER (PA) JEFF MILLER (FL)

Members who participated at the invitation of the Select Committee

CHARLIE MELANCON (LA)

GENE TAYLOR (MS)

WILLIAM J. JEFFERSON (LA)

CYNTHIA MCKINNEY (GA)

SHELIA JACKSON-LEE (TX)

David L. Marin Staff Director J. Keith Ausbrook Special Counsel Michael Geff roy Deputy Special Counsel Lawrence J. Halloran Deputy Special Counsel Robert Borden Senior Associate Special Counsel Daniel Mathews Senior Professional Staff Arthur Wu Senior Professional Staff Thomas E. Hawley Senior Professional Staff Grace A. Washbourne Senior Professional Staff Kim Kotlar Senior Professional Staff Anne Marie Turner Associate Special Counsel Charles M. Phillips Associate Special Counsel Steve Castor Assistant Special Counsel Kim Baronof Professional Staff Risa Salsburg Professional Staff Susie Schulte Professional Staff Shalley Kim Professional Staff

STAFF DESIGNATIONS

Wimberly Fair Professional Staff Chuck Turner Special Investigator Robert White Press Secretary Drew Crockett Art Editor Teresa Austin Chief Clerk Amy Laudeman Deputy Clerk Robin Butler Administrative Offi cer/Financial Administrator Michael Sazonov Staff Assistant Pat DeQuattro Coast Guard Fellow Justin Swick Law Clerk Elizabeth Ryan Law Clerk Stephen L. Caldwell GAO Detailee Bill MacBlane GAO Detailee Brooke Bennett Research Assistant Jay O’Callahan Research Assistant Michael Arkush Editorial Assistant Margaret Peterlin Speaker’s Designee

LETTER OF TRANSMITTAL

HOUSE OF REPRESENTATIVES, Washington, DC, February 15, 2006.

Hon. J. Dennis Hastert, Speaker of the House of Representatives, Washington, DC.

Dear Mr. Speaker: By direction of the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina, I submit herewith the committee’s report to the 109th Congress.

Tom Davis, Chairman.

A FAILURE OF INITIATIVE iii

iv A FAILURE OF INITIATIVE

“Pandemonium did not reign. It poured.”

JOHN KENDRICK BANGS American author and satirist

“Five frogs are sitting on a log. Four decide to jump off . How many are left?

Answer: fi ve. Why? Because there’s a diff erence between deciding and doing.”

MARK L. FELDMAN and MICHAEL F. SPRATT American businessmen

Five Frogs on a Log

“Don’t fi nd a fault. Find a remedy.”

HENRY FORD American automobile manufacturer

“Hurricane Katrina was a force of Nature. What we’ve done after it is an Act of God.”

Banner hanging in Harrison County, MS, Emergency Operations Center

In-i-tia-tive, n. The power or ability to begin or follow through energetically with a plan or task;

enterprise and determination.

A FAILURE OF INITIATIVE v

F E

M A

vi A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE vii

TABLE OF CONTENTS Preface ix

Executive Summary of Findings 1

Investigation Overview 7

Background 29

Pre-landfall Preparation and Katrina’s Impact 59

Hurricane Pam 81

Levees 87

Evacuation 103

The National Framework for Emergency Management 131

FEMA Preparedness 151

Communications 163

Command and Control 183

The Military 201

Law Enforcement 241

Medical Care 267

Shelter and Housing 311

Logistics and Contracting 319

Charitable Organizations 343

Conclusion 359

Appendices 363

Appendix 1 Glossary of Acronyms 365

Appendix 2 HSOC Spot Report 374

Appendix 3 White House Document Review 376

Appendix 4 Emergency Grants to States 380

Appendix 5 Key Federal Law Enforcement Activities 397

Appendix 6 GAO Report 417

Appendix 7 DHS Response to GAO Report 426

Appendix 8 McKinney Supplement 435

Appendix 9 Melancon and Jefferson Supplement 507

viii A FAILURE OF INITIATIVE

109th Congress

2nd Session

House of Representatives Report No.

109-377

Union Calendar No. 205

February 15, 2006 — Comitted to the Committee of the Whole House on the state of the

Union and ordered to be printed

Mr. TOM DAVIS of Virginia, from the Select Bipartisan Committee to Investigate the

Preparation for the Response to Hurricane Katrina submitted the following report:

Final Report of the Select Bipartisan Committee to Investigate the Preparation for and

Response to Hurricane Katrina

A FAILURE OF INITIATIVE ix

It has been said civilization is a race between

education and catastrophe. With Katrina, we have had

the catastrophe, and we are racing inexorably toward the

next. Americans want to know: what have we learned?

Two months before the Committee was established,

former Speaker of the House Newt Gingrich testifi ed

before a Government Reform subcommittee about the

need to move the government to an “entrepreneurial”

model and away from its current “bureaucratic” model,

so that we can get government to move with Information

Age speed and effectiveness.

“Implementing policy effectively,” Speaker Gingrich

said, “is ultimately as important as making the right

policy.”

The Select Committee fi rst convened on September 22,

2005, understanding, like Speaker Gingrich, that a policy

that cannot be implemented effectively is no policy at all.

The Select Committee was created because, in

the tragic aftermath of Katrina, America was again

confronted with the vast divide between policy creation

and policy implementation. With the life-and-death

difference between theory and practice.

The Select Committee has spent much of the past fi ve

months examining the aftermath of this catastrophic

disaster. It has become increasingly clear that local,

state, and federal government agencies failed to meet

the needs of the residents of Louisiana, Mississippi, and

Alabama. It has been our job to fi gure out why, and to

make sure we are better prepared for the future.

PREFACE

On September 15, 2005, the House of Representatives approved H. Res. 437, which created the Select Bipartisan

Committee to Investigate the Preparation for and Response to Hurricane Katrina (“the Select Committee”).

According to the resolution, the Committee was charged with conducting “a full and complete investigation and

study and to report its fi ndings to the House not later than February 15, 2006, regarding— (1) the development,

coordination, and execution by local, State, and Federal authorities of emergency response plans and other activities in

preparation for Hurricane Katrina; and (2) the local, State, and Federal government response to Hurricane Katrina.”

The Committee presents the report narrative and the fi ndings that stem from it to the U.S. House of Representatives

and the American people for their consideration. Members of the Select Committee agree unanimously with the report

and its fi ndings. Other Members of Congress who participated in the Select Committee’s hearings and investigation

but were not offi cial members of the Select Committee, while concurring with a majority of the report’s fi ndings, have

presented additional views as well, which we offer herein on their behalf.

First and foremost, this report is issued with our continued thoughts and prayers for Katrina’s victims. Their families.

Their friends. The loss of life, of property, of livelihoods and dreams has been enormous. And we salute all Americans

who have stepped up to the plate to help in any way they can.

Our mandate was clear: gather facts about the

preparation for and response to Katrina, at all levels of

government.

Investigate aggressively, follow the facts wherever they

may lead, and fi nd out what went right and what went

wrong. Ask why coordination and information sharing

between local, state, and federal governments was so

dismal.

• Why situational awareness was so foggy, for so

long.

• Why all residents, especially the most helpless,

were not evacuated more quickly.

• Why supplies and equipment and support were

so slow in arriving.

• Why so much taxpayer money aimed at better

preparing and protecting the Gulf coast was left

on the table, unspent or, in some cases, misspent.

• Why the adequacy of preparation and response

seemed to vary signifi cantly from state to state,

county to county, town to town.

• Why unsubstantiated rumors and uncritically

repeated press reports – at times fueled by top

offi cials – were able to delay, disrupt, and diminish

the response.

• And why government at all levels failed to react

more effectively to a storm that was predicted with

unprecedented timeliness and accuracy.

x A FAILURE OF INITIATIVE

We agreed early on that the task before us was too

important for carping. This was not about politics.

Katrina did not distinguish between Republicans and

Democrats.

This was about getting the information we need to

chart a new and better course for emergency preparation

and response. The American people want the facts, and

they’ve been watching. They alone will judge whether

our review has been thorough and fair. Our fi nal exam is

this report.

Our report marks the culmination of 9 public

hearings, scores of interviews and briefi ngs, and the

review of more than 500,000 pages of documents.

Our investigation revealed that Katrina was a national

failure, an abdication of the most solemn obligation

to provide for the common welfare. At every level

– individual, corporate, philanthropic, and governmental

– we failed to meet the challenge that was Katrina. In this

cautionary tale, all the little pigs built houses of straw.

Of all we found along the timeline running from the

fi ctional Hurricane Pam to the tragically real devastation

along the Gulf coast, this conclusion stands out: A

National Response Plan is not enough.

What’s needed is a National Action Plan. Not a plan

that says Washington will do everything, but one that

says, when all else fails, the federal government must

do something, whether it’s formally requested or not.

Not even the perfect bureaucratic storm of fl aws and

failures can wash away the fundamental governmental

responsibility to protect public health and safety.

Still, no political storm surge from Katrina should

be allowed to breach the sovereign boundaries between

localities, states, and the federal government. Our system

of federalism wisely relies on those closest to the people

to meet immediate needs. But faith in federalism alone

cannot sanctify a dysfunctional system in which DHS

and FEMA simply wait for requests for aid that state and

local offi cials may be unable or unwilling to convey. In

this instance, blinding lack of situational awareness and

disjointed decision making needlessly compounded and

prolonged Katrina’s horror.

In many respects, our report is a litany of mistakes,

misjudgments, lapses, and absurdities all cascading

together, blinding us to what was coming and hobbling

any collective effort to respond.

This is not to say there were not many, many heroes,

or that some aspects of the preparation and response

were not, by any standard, successful. We found many

examples of astounding individual initiative that

saved lives and stand in stark contrast to the larger

institutional failures. Nor do we mean to focus on

assigning individual blame. Obtaining a full accounting

and identifying lessons learned does not require fi nger

pointing, instinctively tempting as that may be.

There was also an element of simple bad luck with

Katrina that aggravated the inadequate response. The

hurricane arrived over a weekend, at the end of the

month. People on fi xed incomes had little money for gas

or food or lodging, making them more likely to remain

in place and wait for their next check. Communicating

via television or radio with families enmeshed in their

weekend routines was diffi cult at best, as was fi nding

drivers and other needed volunteers.

Over the past several months, we have become more

than familiar with the disaster declaration process

outlined in the Stafford Act. We understand the goals,

structure and mechanisms of the National Response

Plan. We’ve digested the alphabet soup of “coordinating

elements” established by the Plan: the HSOC

(Homeland Security Operations Center) and RRCC

(Regional Response Coordination Center); JFOs (Joint

Field Offi ces) and PFOs (Principal Federal Offi cials); the

IIMG (Interagency Incident Management Group); and

much more.

But the American people don’t care about acronyms

or organizational charts. They want to know who was

supposed to do what, when, and whether the job got

done. And if it didn’t get done, they want to know how

we are going to make sure it does the next time.

This report is a story about the National Response

Plan, and how its 15 Emergency Support Functions

(ESFs) were implemented with Katrina. We offer details

on how well the ESFs were followed. Where there

were problems, we’ve asked why. Where even fl awless

execution led to unacceptable results, we’ve returned to

questioning the underlying plan.

We should be clear about the limitations of our

investigation and the parameters of this report. We

focused on the preparation for and response to Katrina,

for the most part paring down the timeline to one week

before and two weeks after the storm. We did not, at

A FAILURE OF INITIATIVE xi

least intentionally, delve into important, longer-term

rebuilding and recovery issues that will continue to have

a central place on the congressional agenda for months

and years to come. In many areas — housing, education,

health, contracting — “response” bleeds into “recovery,”

and the distinctions we’ve made are admittedly diffi cult

and somewhat arbitrary.

Further, this report is only a summary of our work.

We are hopeful that – indeed, certain that – more

information will arise. The Select Committee has

constrained its narrative and fi ndings to those that can

shed the most light, make the biggest difference, and

trigger the most obvious near-term actions. Readers will

note that we focus considerable attention on a handful

of “key events” – evacuation plans and the execution

of them; conditions and events at the Superdome,

Convention Center, and highways; nursing homes and

hospitals – as a means of illustrating what went right

and wrong in countless other locales.

What this Select Committee has done is not rocket

science.

We’ve gathered facts and established timelines based

on some fairly rudimentary but important questions

posed to the right people in both the public and private

sectors.

• What did you need and what did you get?

• Where were you in the days and hours right

before, during, and after the storm?

• Who were you talking to?

• What were you doing?

• Does that match what you were supposed

to be doing? Why or why not?

In other words, the Select Committee has matched

what was supposed to happen under federal, state, and

local plans against what actually happened.

Our fi ndings emerged from this process of matching.

Too often there were too many cooks in the kitchen,

and because of that the response to Katrina was at

times overdone, at times underdone. Too often, because

everybody was in charge, nobody was in charge.

Many government offi cials continue to stubbornly

resist recognizing that fundamental changes in disaster

management are needed. This report illustrates that we

have to stop waiting for the disaster that fi ts our response

plan and instead design a scalable capacity to meet

whatever Mother Nature throws at us. It’s not enough

to say, “We wouldn’t be here if the levees had not

failed.” The levees did fail, and government and other

organizations failed in turn – in many, many ways.

It remains diffi cult to understand how government

could respond so ineffectively to a disaster that was

anticipated for years, and for which specifi c dire

warnings had been issued for days. This crisis was not

only predictable, it was predicted.

If this is what happens when we have advance

warning, we shudder to imagine the consequences when

we do not. Four and a half years after 9/11, America is

still not ready for prime time.

This is particularly distressing because we know we

remain at risk for terrorist attacks, and because the 2006

hurricane season is right around the corner. With this

report we hope to do our part to enhance preparation

and response.

With Katrina, there was no shortage of plans. There

were plans, but there was not enough plan-ning.

Government failed because it did not learn from

past experiences, or because lessons thought to be

learned were somehow not implemented. If 9/11 was a failure of imagination, then Katrina was a failure of initiative. It was a failure of leadership.

Tom Davis

Harold Rogers

Christopher Shays

Henry Bonilla

Steve Buyer

Sue Myrick

Mac Thornberry

Kay Granger

Charles W. “Chip” Pickering

Bill Shuster

Jeff Miller

xii A FAILURE OF INITIATIVE

F E

M A

A FAILURE OF INITIATIVE 1

The Select Committee identifi ed failures at all levels of

government that signifi cantly undermined and detracted

from the heroic efforts of fi rst responders, private

individuals and organizations, faith-based groups, and

others.

The institutional and individual failures we have

identifi ed became all the more clear when compared to

the heroic efforts of those who acted decisively. Those

who didn’t fl inch, who took matters into their own

hands when bureaucratic inertia was causing death,

injury, and suffering. Those whose exceptional initiative

saved time and money and lives.

We salute the exceptions to the rule, or, more

accurately, the exceptions that proved the rule. People

like Mike Ford, the owner of three nursing homes who

wisely chose to evacuate his patients in Plaquemines

Parish before Katrina hit, due in large part to his close

and long-standing working relationship with Jesse St.

Amant, Director of the Plaquemines Offi ce of Emergency

Preparedness.

People like Dr. Gregory Henderson, a pathologist

who showed that not all looting represented lawlessness

when, with the aid of New Orleans police offi cers, he

raided pharmacies for needed medication and supplies

and set up ad hoc clinics in downtown hotels before

moving on to the Convention Center.

But these acts of leadership were too few and far

between. And no one heard about or learned from them

until it was too late.

The preparation for and response to Hurricane

Katrina show we are still an analog government in a

digital age. We must recognize that we are woefully

incapable of storing, moving, and accessing information

– especially in times of crisis.

Many of the problems we have identifi ed can be

categorized as “information gaps” – or at least problems

with information-related implications, or failures to act

decisively because information was sketchy at best. Better

information would have been an optimal weapon against

Katrina. Information sent to the right people at the

right place at the right time. Information moved within

agencies, across departments, and between jurisdictions of

EXECUTIVE SUMMARY OF FINDINGS

government as well. Seamlessly. Securely. Effi ciently.

Unfortunately, no government does these things well,

especially big governments.

The federal government is the largest purchaser of

information technology in the world, by far. One would

think we could share information by now. But Katrina

again proved we cannot.

We refl ect on the 9/11 Commission’s fi nding that

“the most important failure was one of imagination.”

The Select Committee believes Katrina was primarily

a failure of initiative. But there is, of course, a nexus

between the two. Both imagination and initiative – in

other words, leadership – require good information. And

a coordinated process for sharing it. And a willingness to

use information – however imperfect or incomplete – to

fuel action.

With Katrina, the reasons reliable information did

not reach more people more quickly are many, and these

reasons provide the foundation for our fi ndings.

In essence, we found that while a national emergency

management system that relies on state and local

governments to identify needs and request resources

is adequate for most disasters, a catastrophic disaster

like Katrina can and did overwhelm most aspects of the

system for an initial period of time. No one anticipated

the degree and scope of the destruction the storm would

cause, even though many could and should have.

The failure of local, state, and federal governments

to respond more effectively to Katrina — which had

been predicted in theory for many years, and forecast

with startling accuracy for fi ve days — demonstrates that

whatever improvements have been made to our capacity

to respond to natural or man-made disasters, four and

half years after 9/11, we are still not fully prepared. Local

fi rst responders were largely overwhelmed and unable

to perform their duties, and the National Response

Plan did not adequately provide a way for federal assets

to quickly supplement or, if necessary, supplant fi rst

responders.

The failure of initiative was also a failure of agility.

Response plans at all levels of government lacked

fl exibility and adaptability. Infl exible procedures often

2 A FAILURE OF INITIATIVE

delayed the response. Offi cials at all levels seemed to

be waiting for the disaster that fi t their plans, rather

than planning and building scalable capacities to

meet whatever Mother Nature threw at them. We

again encountered the risk-averse culture that pervades

big government, and again recognized the need for

organizations as agile and responsive as the 21st century

world in which we live.

One-size-fi ts-all plans proved impervious to clear

warnings of extraordinary peril. Category 5 needs

elicited a Category 1 response. Ours was a response that

could not adequately accept civilian and international

generosity, and one for which the Congress, through

inadequate oversight and accounting of state and local

use of federal funds, must accept some blame.

In crafting our fi ndings, we did not guide the facts. We let the facts guide us. The Select Committee’s report elaborates on the following fi ndings, which are summarized in part here, in the order in which they appear:

The accuracy and timeliness of National Weather Service and National Hurricane Center forecasts prevented further loss of life

The Hurricane Pam exercise refl ected recognition by all levels of government of the dangers of a catastrophic hurricane striking New Orleans

■ Implementation of lessons learned from

Hurricane Pam was incomplete.

Levees protecting New Orleans were not built for the most severe hurricanes

■ Responsibilities for levee operations and maintenance

were diffuse.

■ The lack of a warning system for breaches and other

factors delayed repairs to the levees.

■ The ultimate cause of the levee failures is under

investigation, and results to be determined.

The failure of complete evacuations led to preventable deaths, great suffering, and further delays in relief

■ Evacuations of general populations went relatively

well in all three states.

■ Despite adequate warning 56 hours before landfall,

Governor Blanco and Mayor Nagin delayed ordering a

mandatory evacuation in New Orleans until 19 hours

before landfall.

■ The failure to order timely mandatory evacuations,

Mayor Nagin’s decision to shelter but not evacuate the

remaining population, and decisions of individuals

led to an incomplete evacuation.

■ The incomplete pre-landfall evacuation led to

deaths, thousands of dangerous rescues, and horrible

conditions for those who remained.

■ Federal, state, and local offi cials’ failure to anticipate

the post-landfall conditions delayed post-landfall

evacuation and support.

Critical elements of the National Response Plan were executed late, ineffectively, or not at all

■ It does not appear the President received adequate

advice and counsel from a senior disaster

professional.

■ Given the well-known consequences of a major

hurricane striking New Orleans, the Secretary should

have designated an Incident of National Signifi cance

no later than Saturday, two days prior to landfall,

when the National Weather Service predicted

New Orleans would be struck by a Category 4 or

5 hurricane and President Bush declared a federal

emergency.

■ The Secretary should have convened the Interagency

Incident Management Group on Saturday, two

days prior to landfall, or earlier to analyze Katrina’s

potential consequences and anticipate what the

federal response would need to accomplish.

■ The Secretary should have designated the Principal

Federal Offi cial on Saturday, two days prior to

landfall, from the roster of PFOs who had successfully

A FAILURE OF INITIATIVE 3

completed the required training, unlike then-FEMA

Director Michael Brown. Considerable confusion was

caused by the Secretary’s PFO decisions.

■ A proactive federal response, or push system, is not a

new concept, but it is rarely utilized.

■ The Secretary should have invoked the Catastrophic

Incident Annex to direct the federal response posture

to fully switch from a reactive to proactive mode of

operations.

■ Absent the Secretary’s invocation of the Catastrophic

Incident Annex, the federal response evolved into a

push system over several days.

■ The Homeland Security Operations Center failed

to provide valuable situational information to the

White House and key operational offi cials during the

disaster.

■ The White House failed to de-confl ict varying

damage assessments and discounted information that

ultimately proved accurate.

■ Federal agencies, including DHS, had varying degrees

of unfamiliarity with their roles and responsibilities

under the National Response Plan and National

Incident Management System.

■ Once activated, the Emergency Management

Assistance Compact enabled an unprecedented level

of mutual aid assistance to reach the disaster area in a

timely and effective manner.

■ Earlier presidential involvement might have resulted

in a more effective response.

DHS and the states were not prepared for this catastrophic event

■ While a majority of state and local preparedness

grants are required to have a terrorism purpose, this

does not preclude a dual use application.

■ Despite extensive preparedness initiatives, DHS was

not prepared to respond to the catastrophic effects of

Hurricane Katrina.

■ DHS and FEMA lacked adequate trained and

experienced staff for the Katrina response.

■ The readiness of FEMA’s national emergency response

teams was inadequate and reduced the effectiveness of

the federal response.

Massive communications damage and a failure to adequately plan for alternatives impaired response efforts, command and control, and situational awareness

■ Massive inoperability had the biggest effect on

communications, limiting command and control,

situational awareness, and federal, state, and local

offi cials’ ability to address unsubstantiated media

reports.

■ Some local and state responders prepared for

communications losses but still experienced

problems, while others were caught unprepared.

■ The National Communication System met many of

the challenges posed by Hurricane Katrina, enabling

critical communication during the response, but

gaps in the system did result in delayed response and

inadequate delivery of relief supplies.

Command and control was impaired at all levels, delaying relief

■ Lack of communications and situational awareness

paralyzed command and control.

■ A lack of personnel, training, and funding also

weakened command and control.

■ Ineffective command and control delayed many relief

efforts.

The military played an invaluable role, but coordination was lacking

■ The National Response Plan’s Catastrophic Incident

Annex as written would have delayed the active duty

military response, even if it had been implemented.

■ DOD/DHS coordination was not effective during

Hurricane Katrina.

■ DOD, FEMA, and the state of Louisiana had diffi culty

coordinating with each other, which slowed the

response.

■ National Guard and DOD response operations were

comprehensive, but perceived as slow.

4 A FAILURE OF INITIATIVE

■ The Coast Guard’s response saved many lives, but

coordination with other responders could improve.

■ The Army Corps of Engineers provided critical

resources to Katrina victims, but pre-landfall contracts

were not adequate.

■ DOD has not yet incorporated or implemented

lessons learned from joint exercises in military

assistance to civil authorities that would have allowed

for a more effective response to Katrina.

■ The lack of integration of National Guard and active

duty forces hampered the military response.

■ Northern Command does not have adequate insight

into state response capabilities or adequate interface

with governors, which contributed to a lack of mutual

understanding and trust during the Katrina response.

■ Even DOD lacked situational awareness of post-

landfall conditions, which contributed to a slower

response.

■ DOD lacked an information sharing protocol that

would have enhanced joint situational awareness and

communications between all military components.

■ Joint Task Force Katrina command staff lacked

joint training, which contributed to the lack of

coordination between active duty components.

■ Joint Task Force Katrina, the National Guard,

Louisiana, and Mississippi lacked needed

communications equipment and the interoperability

required for seamless on-the-ground coordination.

■ EMAC processing, pre-arranged state compacts, and

Guard equipment packages need improvement.

■ Equipment, personnel, and training shortfalls affected

the National Guard response.

■ Search and rescue operations were a tremendous

success, but coordination and integration between

the military services, the National Guard, the Coast

Guard, and other rescue organizations was lacking.

The collapse of local law enforcement and lack of effective public communications led to civil unrest and further delayed relief

■ A variety of conditions led to lawlessness and violence

in hurricane stricken areas.

■ The New Orleans Police Department was ill-prepared

for continuity of operations and lost almost all

effectiveness.

■ The lack of a government public communications

strategy and media hype of violence exacerbated

public concerns and further delayed relief.

■ EMAC and military assistance were critical for

restoring law and order.

■ Federal law enforcement agencies were also critical to

restoring law and order and coordinating activities.

Medical care and evacuations suffered from a lack of advance preparations, inadequate communications, and diffi culties coordinating efforts

■ Deployment of medical personnel was reactive, not

proactive.

■ Poor planning and pre-positioning of medical

supplies and equipment led to delays and shortages.

■ New Orleans was unprepared to provide evacuations

and medical care for its special needs population

and dialysis patients, and Louisiana offi cials lacked a

common defi nition of “special needs.”

■ Most hospital and Veterans Affairs Medical Center

emergency plans did not offer concrete guidance

about if or when evacuations should take place.

■ New Orleans hospitals, Veterans Affairs Medical

Center, and medical fi rst responders were not

adequately prepared for a full evacuation of medical

facilities.

■ The government did not effectively coordinate private

air transport capabilities for the evacuation of medical

patients.

A FAILURE OF INITIATIVE 5

■ Hospital and Veterans Affairs Medical Center

emergency plans did not adequately prepare for

communication needs.

■ Following Hurricane Katrina, New Orleans Veterans

Affairs Medical Center and hospitals’ inability to

communicate impeded their ability to ask for help.

■ Medical responders did not have adequate

communications equipment or operability.

■ Evacuation decisions for New Orleans nursing homes

were subjective and, in one case, led to preventable

deaths.

■ Lack of electronic patient medical records contributed

to diffi culties and delays in medical treatment of

evacuees.

■ Top offi cials at the Department at Health and Human

Services and the National Disaster Medical System

do not share a common understanding of who

controls the National Disaster Medical System under

Emergency Support Function-8.

■ Lack of coordination led to delays in recovering dead

bodies.

■ Deployment confusion, uncertainty about mission

assignments, and government red tape delayed

medical care.

Long-standing weaknesses and the magnitude of the disaster overwhelmed FEMA’s ability to provide emergency shelter and temporary housing

■ Relocation plans did not adequately provide

for shelter. Housing plans were haphazard and

inadequate.

■ State and local governments made inappropriate

selections of shelters of last resort. The lack of a

regional database of shelters contributed to an

ineffi cient and ineffective evacuation and sheltering

process.

■ There was inappropriate delay in getting people out

of shelters and into temporary housing – delays that

offi cials should have foreseen due to manufacturing

limitations.

■ FEMA failed to take advantage of the Department of

Housing and Urban Development’s expertise in large-

scale housing challenges.

FEMA logistics and contracting systems did not support a targeted, massive, and sustained provision of commodities

■ FEMA management lacked situational awareness of

existing requirements and of resources in the supply

chain. An overwhelmed logistics system made it

challenging to get supplies, equipment, and personnel

where and when needed.

■ Procedures for requesting federal assistance raised

numerous concerns.

■ The failure at all levels to enter into advance contracts

led to chaos and the potential for waste and fraud as

acquisitions were made in haste.

■ Before Katrina, FEMA suffered from a lack of

suffi ciently trained procurement professionals. DHS

procurement continues to be decentralized and

lacking a uniform approach, and its procurement

offi ce was understaffed given the volume and dollar

value of work.

■ Ambiguous statutory guidance regarding local

contractor participation led to ongoing disputes over

procuring debris removal and other services.

■ Attracting emergency contractors and corporate

support could prove challenging given the scrutiny

that companies have endured.

Contributions by charitable organizations assisted many in need, but the American Red Cross and others faced challenges due to the size of the mission, inadequate logistics capacity, and a disorganized shelter process

6 A FAILURE OF INITIATIVE

“We were abandoned. City offi cials did nothing to protect us. We were

told to go to the Superdome, the Convention Center, the interstate bridge

for safety. We did this more than once. In fact, we tried them all for

every day over a week. We saw buses, helicopters and FEMA trucks, but

no one stopped to help us. We never felt so cut off in all our lives. When

you feel like this you do one of two things, you either give up or go into

survival mode. We chose the latter. This is how we made it. We slept

next to dead bodies, we slept on streets at least four times next to human

feces and urine. There was garbage everywhere in the city. Panic and

fear had taken over.”

Patricia Thompson

New Orleans Citizen and Evacuee

Select Committee Hearing, December 6, 20051

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When Hurricane Katrina made landfall near the Louisiana-

Mississippi border on the morning of August 29, 2005, it

set in motion a series of events that exposed vast numbers

of Americans to extraordinary suffering. Not only would

Katrina become the most expensive natural disaster in U.S.

history, it would also prove to be one of the deadliest.

From the marshes of Louisiana’s Plaquemines Parish

to the urban center of New Orleans to the coastal

communities of Mississippi and Alabama, Katrina cut an

enormous swath of physical destruction, environmental

devastation, and human suffering.

With the overtopping and breaching of the New

Orleans levees, the vast majority of the city became

submerged, requiring the emergency evacuation of tens

of thousands of residents who had not left prior to the

storm. Lifted off roofs by helicopters or carried to safety in

boats, they were taken to the Superdome, the Convention

Center, a piece of high ground known as the Cloverleaf, or

any other dry spot in the city.

At these locations, they were subjected to unbearable

conditions: limited light, air, and sewage facilities in the

Superdome, the blistering heat of the sun, and in many

cases limited food and water. They feared for their safety

and survival — and the survival of their city.

“You had people living where people aren’t supposed

to live,” said Dr. Juliette Saussy, Director of New Orleans

Emergency Medical Services, referring to the dire

situations in the Superdome and Convention Center. “In

general, people were just trying to survive. Some people

acted badly. But most just wanted something to eat and

drink, and wanted to feel safe.”2

At least 1,100 Louisianans died as a result of Katrina.

Mississippians have understandably felt slighted that the

devastation to their state has received less national public

attention than New Orleans. Mississippi experienced a

different storm than Louisiana — in essence, a massive,

blender-like storm surge versus the New Orleans fl ooding

caused by breached and overtopped levees.

By the end of the day on August 29, due largely to

a storm surge that reached 34 feet in the western parts

of the state — and extended inland as far as 10 miles

— more than half of Mississippi was without power and

had suffered serious wind and water damage. In addition

to the surge, high winds and tornadoes left thousands of

homes damaged and destroyed, and as many as 66,000

Mississippians were displaced from their homes.

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A FAILURE OF INITIATIVE 7

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Katrina completely fl attened entire neighborhoods in

communities such as Waveland, Bay St. Louis, and Pass

Christian, but its damage was not limited to those who

lived closest to the Gulf of Mexico. Even well inland, there

is no debate over whether homes may be habitable or

not. They just aren’t there anymore. In these towns, brick

walkways and front porches lead up to . . . nothing. Just a

concrete slab where a house used to stand.

The storm careened upwards through the entire state

with hurricane force winds and tornados, reaching

Jackson, the state capital, and its northern most counties,

and transforming 28,000 square miles — or 60 percent of

the state — into a catastrophic disaster area. By the time

the storm had passed, at least 230 people were dead and

nearly 200,000 people were displaced from their homes.

Agricultural, forestry, gaming, and poultry industries were

severely damaged. Department of Homeland Security

(DHS) reports estimate Veterinary Medical Assistant

Teams disposed of over three million chickens that were

destroyed by the storm.

While winds upon landfall

were not as powerful as those

of Hurricane Camille in

1969, Katrina was in many

ways the “perfect storm”

for coastal Mississippi.

The combination of high

winds, extraordinarily low

barometric pressure, and

arrival during a high tide resulted in a storm surge nearly

twice that of Camille’s. Wind-whipped water fl ooded

towns not only from the south, but from the north — not

just from the Gulf, but from the bayous.

This was not a tsunami-like, single wave of destruction.

This was a sustained, ever-growing high tide, one that

kept coming for hours. And when the water did roar back

toward the Gulf, it took everything with it — furniture,

pool tables, refrigerators, 30-foot boats, countless

household items. Everything that was once inside was

suddenly outside.

“Even the very accurate forecasts didn’t capture the

magnitude and devastation,” said Eddie Favre, Mayor of

Bay St. Louis. “It was the in and out of the surge that killed

us. The out, in particular. It carried everything away.”3

“Our infrastructure was devastated,” Gulfport Mayor

Brent Warr said. “The water came in, blew off manhole

covers, then receded and caused a vacuum, sucking gators

and DVD players and lots and lots of sand into water and

sewer pipes. You couldn’t have backed a truck up to a

manhole cover and dumped it in more effectively.”4

Out on his converted shrimp boat on the evening

following Katrina’s landfall, Rep. Gene Taylor, whose

home was destroyed, recalls seeing complete and utter

devastation on the ground and a telling sight in the air.

“Birds were so tired all they could do was hold their wings

out and soar on the wind,” he said. “Our seagulls, if I had

to guess, ended up in Arkansas.”5

Very little wildlife remains evident in the storm-ravaged

areas. National Guardsman stationed in Louisiana said

they rarely see any pelicans or alligators any more. There

are few shrimp boats working the Gulf, and elected

offi cials in Mississippi guess it will take two years for the

state’s oyster industry to begin to recover.

Areas presumed to be fl ood-proof, like the

Diamondhead community — built after Hurricane Camille,

miles north Bay of St. Louis — suffered fl ood damage.

Wind shifts “caused a lot of areas considered safe to

be fl ooded, like the town of DeLisle, where my district

director’s brother lives,” Taylor said on a tour bus with

Select Committee Members in January. “His house was

pancaked. When he came home and tried to crawl in to

see what he could salvage, he ended up face to face with

an alligator. He ended up shooting the thing. People got

mad because they were hungry and he let the alligator rot

in his front yard.”6

“It was the in and out of the surge that killed us. The out, in particular. It carried everything away.”

STAFF PHOTO

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While only two hurricane-related deaths were reported

in Alabama, Katrina caused signifi cant damage along its

coast with a wave surge of 13.5 feet, exceeding the 100-

year fl ood level of 12 feet, despite the fact that the state

did not suffer a direct hit from the hurricane. Bayou La

Batre and Dauphin Island received the brunt of the storm

in Alabama, losing 800 and 200 homes, respectively. The

storm caused wind damage as far north as Tuscaloosa

County. Mobile Bay spilled into downtown and fl ooded

large sections of the city, destroying hundreds of homes.

The sheer power of the storm dislodged a nearby oil

drilling platform, which became caught under the U.S.

Highway 98 bridge.

The overall toll from the devastation is still being

tallied. At the time this report was issued, more than

3,000 people from storm-affected states remained

unaccounted for.

During the most recent fact-fi nding trip to the Gulf

coast in late January 2006, Members and staff of the Select

Committee were shocked by the level of devastation and

slow pace of cleanup. So many towns, cities, and parishes

remain almost entirely empty.

A throbbing metropolis of 470,000 before the storm,

New Orleans had become at the time of our writing a

struggling city that is home to barely 100,000 people—

although offi cials say that fi gure almost doubles for now

during the daytime, when contractors and employees

come into the city to work.

Signifi cant portions of the city and region

remain uninhabitable. In St. Bernard Parish,

a few miles east of downtown New Orleans,

only four houses did not suffer catastrophic

damage from wind, rain, or the sudden fl ood

that resulted from the breaking of the levees

of the Mississippi River-Gulf Outlet Canal

(MR-GO). The parish, once home to nearly

70,000 people, has seen its population dip to

about 7,000, with nearly all of those people

living in temporary housing.

In all of the affected communities, the

local economies remain on the brink of

disaster, fearful of another punch that

would surely be the knockout blow. In

Mississippi, Hancock County lost 64 percent

of its real property value. In Bay St. Louis

and Waveland, the fi gure is estimated to be

closer to 90 percent.

Investigative context: an overview

It’s been said that experience is the best teacher. The

unfortunate thing is that the learning process is sometimes

such a painful one.

This report is the result of a fi ve-month journey by the

Select Committee to gather information from all those

who learned painful lessons during Katrina. It examines

how well local, state, and federal offi cials worked with

each other and with private entities to alleviate the

suffering of so many of our fellow citizens.

In crafting an investigative plan, the Select Committee

faced and overcame several challenges. We had to

appoint Members quickly and rely on other committees

to detail staff to the Select Committee. We had to move

quickly, while memories and evidence were fresh. We had

to gather as much information as we could while leaving

time to write and design a consensus report before our

February 15, 2006 deadline. We had to remain focused

on our prescribed “right-before-and-right-after-the-

storm” timeframe, despite signifi cant interest in longer-

term issues and challenges. Like juggling with knives,

we had to keep multiple investigative elements in play

simultaneously — preparing for and holding high-profi le

public hearings; requesting, receiving, and reviewing

documents; and conducting interviews and briefi ngs.

And all this had to be done in a less-than-ideal

political atmosphere.

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The Select Committee remains grateful to those

Democrats who chose to participate in our investigation

in defi ance of their leadership’s decision not to appoint

Members offi cially to the panel. The refusal by the

Minority Leader was self-defeating, given that the Select

Committee’s composition and minority subpoena

authority would have given the Democrats more clout

than they enjoy on any standing committee of the House.

Despite this strategy, the Select Committee’s review and

the creation of this report have been bipartisan endeavors

in spirit and in fact.

On September 15, before the Select Committee was

established by a bipartisan House vote, the Government

Reform Committee held a hearing on the early lessons

learned from Katrina. At that hearing, the Committee’s

Ranking Member, Rep. Henry Waxman, said there were

“two steps we should take right away.”7

First, he said, we should request basic documents from

the agencies. And second, he said, “We need to hear from

Michael Brown and Michael Chertoff. These are the two

government offi cials most responsible for the inadequate

response, and the Committee should call them to testify

without delay.”8

The Select Committee did not delay. We met and

exceeded those goals. While many who so urgently called

on Congress to swiftly investigate refused to participate

and instead prejudged our efforts, we investigated

aggressively what went wrong and what went right.

The Select Committee continuously invited any and

all interested Democrats to join our hearings, giving

them full and equal opportunity to make statements and

question witnesses and help guide the direction of our

inquiry, including identifying and inviting witnesses. Five

Democratic members did just that: Representative Charlie

Melancon, Representative Gene Taylor, Representative

Bill Jefferson, Representative Cynthia McKinney, and

Representative Sheila Jackson Lee. Document requests

submitted to federal, state, and local agencies were signed

by both Chairman Davis and Rep. Melancon.

In addition to direct

member participation,

Democratic Members

and staff were

assigned to travel

with Republican

Members and staff to

the affected locales,

and Rep. Waxman’s

top Government

Reform Committee

investigative staff

assisted Democratic

participants. Finally,

Democratic members were repeatedly invited to offer

narrative text and fi ndings for inclusion in this report.

The Select Committee, beyond extending these

courtesies, remained focused on the job of Congress.

In our system of checks and balances, the Congress has

both the duty and the obligation to ask tough questions.

We did not believe it was appropriate to outsource our

congressional oversight responsibility. The American

people did not want us to punt. They wanted answers,

and they wanted them quickly. If there is a consensus

down the road to establish an outside commission, which

some purportedly wanted, so be it. The two were not and

are not mutually exclusive. However, a commission will

take months to set up, and an eternity to fi nish its work.

We needed to begin immediately, while evidence and

memories were fresh.

News reports and other statements suggested many

Democrats felt the same. For example, Bloomberg News

reported in November that “Some House Democrats Want

[a] Larger Role in Katrina Investigation.”9 In that report,

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Rep. Gene Taylor said, “It’s really important that we’re

there. I certainly wish more of my colleagues who are

interested in this would participate . . . . Mr. Davis, to his

credit, has been extremely fair.”

Rep. Maxine Waters, who had told Chairman Davis she

wanted to participate but later said she could not, told

Bloomberg, “I feel a certain void and a great absence from

these discussions. I was hoping that our leaders could a

fi nd a way . . . so we could participate.”10

Rep. Neil Abercrombie said he unsuccessfully expressed

interest in serving on the committee. “The position of

Ms. Pelosi and the leadership is pretty clear,” he said.

“I have a different view.”11

Democrats who did

buck their leadership

have acknowledged

both the value of their

participation and the

eagerness of the Select

Committee to have

them participate. Rep.

Cynthia McKinney

expressed her regret

about the Democrats’

failure to offi cially

appoint Members to

the Committee while

thanking Chairman Davis

for convening a hearing

on December 6th featuring testimony from African-

American residents and evacuees:

I would like to thank you, Mr. Chairman, for

allowing us to have this day. Because were it left up

to — I will get in trouble now. But were it left up

to the Democratic leadership, we would not have

had this day, because we wouldn’t be here. The

Democratic leadership has instructed us to boycott

this panel…. So I would like to thank my Chairman

for giving us the opportunity to invite people who

don’t have the opportunity to come and testify

before Congress…. We are here to serve all of the

people of this country, and too rarely do we hear

from all of the people.12

Regardless of who did or did not participate in our

investigation, the Select Committee had a job to do, and

we were determined to do it right.

Hearing chronology: an overview

The Select Committee held nine hearings over the course

of approximately three months. Select Committee

Members and staff simultaneously conducted scores

of interviews and received dozens of briefi ngs from

local, state, and federal offi cials; non-governmental

organizations; private companies and individuals who

provided or offered external support after Katrina; and

hurricane victims. Select Committee Members and staff

traveled numerous times to the Gulf Coast. The Select

Committee also requested and received more than

500,000 pages of documents from a wide array of sources.

The information gleaned from our investigation

is provided in detailed, narrative form in subsequent

chapters. What follows here is a brief synopsis of the topics,

questions, and themes raised at each of our hearings:

“Predicting Hurricanes: What We Knew About Katrina and When” September 22, 2005 Select Committee hearing

The Select Committee began at a logical place: a hearing

to establish a record of who was told what, and when,

about the nature of the hurricane in the days immediately

before the storm. We explored the timeline of Katrina

progressing from a tropical depression to a major

hurricane, and asked when warnings were issued to

the public and to federal, state, and local offi cials. We

reaffi rmed what we already suspected — at least two

federal agencies passed Katrina’s test with fl ying colors:

the National Weather Service (NWS) and the National

Hurricane Center.

Many who escaped the storm’s wrath owe their lives to

these agencies’ accuracy. This hearing provided a backdrop

for the remainder of our inquiry. We repeatedly tried to

determine how government could respond so ineffectively

to a disaster that was so accurately forecast.

How accurately?

■ Storm-track projections released to the public 56 hours before Katrina came ashore were off by only 15 miles. The average 48-hour error is 160 miles, and the average 24-hour error is 85 miles.

■ The Hurricane Center’s predicted strength for Katrina

at landfall, two days before the storm hit, was off the mark by only 10 miles per hour.

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■ NWS Director Max Mayfi eld personally spoke by

telephone with the governors of Mississippi and

Louisiana and the mayor of New Orleans two days

prior to landfall to warn them of what was coming.

He also gave daily pre-storm video briefi ngs to

federal offi cials in Washington, including top Federal

Emergency Management Agency (FEMA) and DHS

brass.

■ The day before Katrina hit, the NWS offi ce in

Slidell, Louisiana issued a warning saying, “MOST

OF THE AREA WILL BE UNINHABITABLE FOR

WEEKS…PERHAPS LONGER…HUMAN SUFFERING

INCREDIBLE BY MODERN STANDARDS.”

The Select Committee determined — despite more

recently revised reports that Katrina was actually a strong

Category 3 storm at landfall, not a Category 4 — that

Katrina’s strength and the potential disaster it could bring

were made clear well in advance through briefi ngs and

formal advisories. Inadequate response could not be

blamed on lack of advance warning.

“Hurricane Katrina: The Role of the Federal Emergency Management Agency” September 27, 2005 Select Committee hearing

This hearing featuring former FEMA Director Michael

Brown attempted to construct a timeline of what FEMA

did and did not do before, during, and after Katrina made

landfall.

Fair or not, by the time of this hearing, FEMA in general

and Brown in particular had become the symbol of all that

went wrong with the government’s response to Katrina.

By the September 27 hearing date, with the emergence

of Hurricane Rita, the Select Committee had the ability to

compare and contrast disaster response actions after the

two storms. While Rita was predicted to be a very different

storm from Katrina — a mere size Large compared to a size

XXXL, and a storm that struck a far less densely populated

area — it was immediately clear that governments at all

levels did things differently this time around.

More supplies were stockpiled on the ground prior to

Rita’s arrival. The federal government declared Rita an

“incident of national signifi cance” two days before landfall,

triggering our most thorough response, and named a

federal offi cer in charge. These steps occurred two days after

Katrina. Ten thousand National Guardsmen were called

to Texas in advance of Rita; Louisiana summoned 1,500

We repeatedly tried to determine how government could respond so ineffectively to a disaster that was so accurately forecast.

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before Katrina.

Search and Rescue

operations were far

better coordinated.

Even if a little

rough around

the edges, the

massive pre-

storm evacuation

of Houston and

surrounding locales

showed improved

foresight from state and local offi cials — and how lives

can be saved when people pay attention to a coordinated

message from their government.

We also attempted to clarify FEMA’s role in disaster

response. We were faced with the problematic reality

that many Americans — and perhaps even some state

and local offi cials — falsely viewed FEMA as some sort

of national fi re and rescue team. An important task for

the Select Committee moving forward was defi ning what

FEMA is — what it can and cannot do based on what it is

actually charged with doing by statute.

We noted that FEMA is not a fi rst responder agency with the resources to assume principal responsibility

for overwhelmed state and local governments during a

disaster. This is the real world, not the reel world. There

is no Tommy Lee Jones character that comes in and takes

charge of…well…everything.

But we also attempted to contextualize that discussion.

In other words, before getting to what FEMA cannot do,

we wanted to understand what they simply did not do.

Just because they are not “fi rst responders” does not mean

they should be a second thought.

We explored the possible causes of FEMA’s inadequate

response, which are covered exhaustively in subsequent

chapters. Among those discussed at the hearing:

Inadequacies in the Stafford Act. Organizational or

budgetary or grant-making shortcomings. State and

local governments that didn’t know how to ask for

help, or simply didn’t. A bureaucratic mindset that now

emphasizes terrorism to the exclusion of natural disaster

planning. We looked at these possibilities, and more.

We also examined why FEMA seemed unable to

implement lessons that should have been learned well

in advance of Katrina. There were the lessons of previous

hurricanes. Further, FEMA offi cials participated in the

now-widely-known exercise called Hurricane Pam in

July 2004, an exercise that predicted with eerie similarity

Katrina’s impact on New Orleans, including an evacuation

of a million people, overfl owing levees, and the

destruction of hundreds of thousands of buildings.

“Hurricane Katrina: The Role of the Department of Homeland Security” October 19, 2005 Select Committee hearing

Although by this date

FEMA and Michael

Brown had received the

most attention from

Members of Congress,

state and local offi cials,

and the news media

in Katrina’s wake, the

Select Committee

sought to recognize

that DHS and Secretary

Michael Chertoff have

primary responsibility

for managing the

national response to a catastrophic disaster, according to

the National Response Plan (NRP).

Therefore, three weeks after hearing from Michael

Brown, we turned to his boss, the man who ultimately

fi red him.

We needed to fi nd out if Michael Brown had it right

when he testifi ed that FEMA had been under-funded and

under-staffed, that it had become “emaciated,” and that

Congress had undermined FEMA’s effectiveness when the

agency was folded into DHS.

Michael Brown testifi ed that he asked the Department

for funding to implement the lessons learned from the

Hurricane Pam exercise and that those funds were denied.

He also testifi ed about brain drain, diminished fi nancial

resources, and “assessments” of $70 to $80 million by

DHS for department-wide programs. He said he had

written memos to Secretary Ridge and Secretary Chertoff

regarding the inadequacy of FEMA’s resources. We asked

Secretary Chertoff about those assertions.

We also sought to establish the Department’s role

and responsibilities in a disaster. What resources can the

Secretary bring to bear? What triggers the decision to

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deploy those resources? During Katrina, how personally

involved was Secretary Chertoff in seeking, authorizing, or

deploying specifi c resources?

Under the National Response Plan, the DHS Secretary

is the federal offi cial charged with declaring an Incident

of National Signifi cance. Part of that declaration entails

naming a Principal Federal Offi cial (PFO), to manage the

response.

The government’s pre-landfall decision to declare an

Incident of National Signifi cance with Rita suggested

awareness that the call came too late with Katrina. And,

based on some of Brown’s emails, we knew that he resented

being named the PFO by the Secretary. We needed to ask

Secretary Chertoff what he thought about that, and what

those comments said about the underlying NRP.

Finally, we asked Secretary Chertoff what we asked

all offi cials during our investigation: Where were you

in the days and hours right before, during, and after the

hurricane? What were you doing? Who were you talking to?

New York University Professor Paul Light wrote shortly

after Katrina that, “Mr. Chertoff is just about the only

offi cial in Washington who can say ‘I told you so’ about

FEMA,” based on some of the reforms he outlined in

July 2005 in his Second Stage Review. We asked Secretary

Chertoff if he believed FEMA’s response to Katrina would

have been better if the reforms had been in place on

August 29.

“Hurricane Katrina: Preparedness and Response by the Department of Defense, the Coast Guard, and the National Guard of Louisiana, Mississippi, and Alabama” October 27, 2005 Select Committee hearing

At this hearing we

examined Department of

Defense responsibilities,

procedures, and

coordination with

the Department of

Homeland Security in the

event of a catastrophic

disaster.

We looked at the roles of the National Guard and U.S.

Northern Command in disaster response as the operational

arms of DOD and the states, and we reviewed the role of

the Coast Guard, a unique national asset with both military

capabilities and domestic law enforcement authorities.

We sought to establish a timeline of the military’s

actions — what they were asked to do, when they were

asked, and whether the jobs actually got done.

We acknowledged the heroic efforts that DOD, National

Guard, and Coast Guard personnel made, efforts that saved

many, many lives. The mobilization was massive and, at

least once the call went out, swift and effective.

But we also discussed problems with the military

response. The Select Committee believed even some

of the successes occurred despite less-than-optimal

planning, and too often offi cers were planning in a crisis

environment.

There were problems: With situational awareness and

damage assessments. With coordinating search and rescue

operations. With the effective use of Defense Coordinating

Offi cers by FEMA. With an early and persistent disconnect

between DOD and state and local authorities. With

inadequate telecommunications that prevented effective

coordination. And, once again, with failing to learn as

much as possible from previous disasters.

While we continued to emphasize that local fi rst

responders are best suited for handling local emergencies,

the recurring question was: What happens when fi rst

responders are overwhelmed, as they clearly were in

Katrina?

As a result, we asked whether DOD anticipated these

circumstances, what preparations were made, and what

actions were taken with regard to the National Response

Plan’s “Catastrophic Incident Annex” — the annex that

authorizes federal agencies to act when state and local

capacity even to know what they need is compromised by

the sheer size of the calamity.

Our hearing came amid growing debate over an

expanded military role in future disasters. President Bush

prompted the discussion in a nationally televised address

from New Orleans on September 15, saying, “It is now

clear that a challenge on this scale requires greater federal

authority and a broader role for the armed forces — the

institution of our government most capable of massive

logistical operations on a moment’s notice.”

Two witnesses — Paul McHale, Assistant Secretary of

Defense for Homeland Defense, and Admiral Timothy

J. Keating, Commander, North American Aerospace

Defense Command and U.S. Northern Command — had

indicated prior to the hearing that DOD was considering

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training and equipping an active duty force specifi cally for

disaster response.

Those remarks led to some confusion over specifi cs,

and even to some outright opposition.

On October 13, the National Governors Association

issued a statement reasserting their authority. “Governors

are responsible for the safety and welfare of their citizens

and are in the best position to coordinate all resources to

prepare for, respond to, and recover from disasters,” the

association wrote.

An October 21 statement by Assistant to the President

for Homeland Security Advisor Frances Townsend, who

is leading President Bush’s examination of the federal

response to Katrina, also spawned negative reactions

from state offi cials. Townsend reportedly said she was

considering whether there is “a narrow band of cases” in

which the President should seize control when a disaster

strikes.13 A spokesperson for Louisiana Gov. Kathleen

Babineaux Blanco responded by saying she could not

think of an instance in which the President should be able

to unilaterally take control. “We don’t believe Katrina was

the time, and I don’t know what another time would be,”

Denise Bottcher told the Times-Picayune.14

The Select Committee, therefore, began addressing this

basic tension. On the one hand, we heard understandable

caution from our Members and witnesses against over-

reacting to Katrina with sweeping changes to laws or

processes, caution against deviating too wildly from the

locals-as-fi rst-responders paradigm. None of us believed

the best lesson to be learned from Katrina was that all

answers can be found in Washington.

On the other hand, the call for increasing the military’s

role in domestic affairs is easy to grasp. Who else can

respond the way the military can? Who else can stand up

when others have fallen?

This tension was refl ected in the National Response

Plan before Katrina. The Catastrophic Incident Annex

assumes that local response capabilities may be

“insuffi cient,” as they will be “quickly overwhelmed.”

But the NRP plan states federal resources will only be

integrated into the response effort upon a request by state

and local authorities and assumes state and local offi cials

will be able to do the integrating themselves.

The Select Committee was left wondering if the plan

as written tried to have its cake and eat it too. How can

we rely on the overwhelmed to acknowledge they are

overwhelmed, and then expect them to direct and manage

the process of coming to their rescue?

We agreed we needed a closer evaluation of existing

procedures for DOD under the National Response Plan,

paying particular attention to DOD’s role when fi rst

responders are wiped out or otherwise incapable of

providing the initial response.

We agreed that Incidents of National Signifi cance

require a response on a national scale. But we also agreed

the devil is in the details. We cannot expect the Marines

to swoop in with MREs every time a storm hits. We train

soldiers to fi ght wars. You can’t kill a storm.

So what is the threshold? When can or should the

Stafford Act’s assumption that states will be able to “pull”

needed federal resources to meet their needs give way to

the operational imperative that federal agencies “push”

assets to those who need them? What would spur the kind

of enhanced or heightened military role that some have

been promoting in the aftermath of Katrina? When would

we pull that trigger? And fi nally, would it have made a

difference in the response to Katrina?

The fact is, military resources are not infi nite. It seems

the kind of standing humanitarian force that would be

needed to provide this sort of immediate assistance at

a moment’s notice would either threaten readiness or

require an expansion of the active force and a signifi cant

boost in how well they are equipped.

Legal questions also arose. Were we talking about

statutory changes? Should we revisit Posse Comitatus,

the 127-year-old law that bars federal troops from

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assuming domestic law enforcement duties? Did Katrina

demonstrate a need for a new exception to Posse

Comitatus, one to be utilized after major disasters?

The Select Committee ultimately refocused the

discussion by simplifying the question: Do we need a

larger DOD role — or just a smarter one?

The Select Committee tried hard to acknowledge at

this hearing what an incredible job the Coast Guard did,

and recognize the National Guard’s clear sense of urgency.

We noted for the record that Northern Command had

prepared for this storm, deploying Defense Coordinating

Offi cers to the three states before landfall and placing

units on alert.

But we also had to recognize that it was unclear how

much “real” support was in place before the storm arrived,

and that Secretary McHale himself had acknowledged

prior to our hearing the DOD response was too slow.15

“Hurricane Katrina: The Federal Government’s Use of Contractors to Prepare and Respond” November 2, 2005 Select Committee hearing

Local, state, and federal governments

rely heavily on contractor support to

prepare for and response to disasters.

This hearing examined the contracts

in place prior to Katrina’s landfall,

and procurement planning efforts

that took place in anticipation of

a large-scale catastrophic event.

We also reviewed the rationale

and process for awarding disaster

relief and recovery contracts in the

immediate aftermath of Katrina.

The Select Committee asked

about the internal controls in place

to ensure that federal acquisition

laws were followed; the terms

and performance of Katrina relief

contracts; and the ways in which

the management and oversight of

disaster-related contracting can be

strengthened.

A great deal of taxpayer money went out the door to

private fi rms to help prepare for and respond to Katrina.

Part of our job was to ask whether it’s been money well

spent. And part of that inquiry was asking what contracts

should have been in place before the storm arrived,

based on what everyone knew — or should have known

— would be needed.

Was the contracting

system up to the task?

Were we able to get what

we needed, when and

where we needed it? By

any measure, this was

an enormous storm,

described as one of

“Biblical” proportions.

In the face of the

massive destruction

caused by Katrina,

acquisition personnel

acted to meet pressing

humanitarian needs,

contacting fi rms in an effort to provide immediate relief to

survivors and to protect life and property. And thankfully,

many fi rms responded.

Do we need a larger DOD role — or just a smarter one?

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It is true that several companies were called into action

on a sole-source basis under acquisition provisions that

allow the government to acquire urgently needed goods

and services in emergency situations. It’s also true that,

contrary to many media reports, some of the immediate

response efforts were provided through existing contracts

that had been previously awarded through full and open

competition.

Nevertheless, concerns were raised with respect to how

FEMA awarded contracts in Katrina’s immediate aftermath

and regarding what contract vehicles were in place before

landfall. These were legitimate concerns that affect not

only our fi ndings relative to the preparation for and

response to Katrina, but also how well prepared we’ll be

the next time — and how willing contractors will be to

step up to the plate the next time they’re called.

The indirect result of ineffi cient contracting and

misdirected, even baseless charges against contractors

could be a government left with more than it can manage

in-house.

In the weeks following Katrina, more than 80 percent

of the $1.5 billion in initial contracts awarded by FEMA

were awarded on a sole-source basis or pursuant to

limited competition. Many of the contracts awarded were

incomplete and included open-ended or vague terms. In

addition, numerous news reports questioned the terms of

disaster relief agreements made in haste.

Under the Stafford Act, prime contractors are to give

preference to local subcontractors, but reports indicated

that not enough local businesses were being hired.

Questions were also raised about the Corps of Engineers’

use of a limited competition to award contracts for debris

removal and clean up.

Undoubtedly, FEMA before Katrina suffered from

something Congress has grappled with government-wide

for many years: a lack of suffi ciently trained procurement

professionals.

Prior to Hurricane Katrina, the DHS Offi ce of Inspector

General (IG) had repeatedly cited the lack of consistent

contract management for large, complex, high-cost

procurement programs. DHS procurement continues to

be decentralized and lacking a uniform approach. DHS

has seven legacy procurement offi ces that continue to serve

DHS components, including FEMA. Notably, FEMA was not

reporting or tracking procurements undertaken by disaster

fi eld offi ces, and the procurement offi ce remains to this day

understaffed given the volume and dollar value of its work.

The Chief Procurement Offi cer (CPO) had established

an eighth offi ce called the Offi ce of Procurement Operations

to meet the procurement needs of the rest of DHS. After

Katrina, however, the CPO reassigned its staff to assist

FEMA’s procurement offi ce.

At this hearing, we learned errors were made in the

contracting process before and after Katrina. The contract

oversight process is not always pretty, and decisions made

under life-and-death pressure are not always as lucid as

those made under less complicated conditions. But there are

lessons to be learned about effi cient and effective contracting,

even from this, hopefully, once in a lifetime event.

That there were and will be disagreements with

contractors over pricing and payment schedules

should come as no surprise to anyone familiar with

the administration of complex contracts in diffi cult

circumstances.

The good news is, DHS has begun establishing a

rigorous oversight process for each and every federal

contract related to Katrina. Now the process needs to be

fully implemented.

Shortly after the emergency needs arose, DHS’s Chief

Procurement Offi cer asked the DHS Inspector General’s

Offi ce to begin overseeing the acquisition process. The

DHS IG assigned 60 auditors, investigators, and inspectors

and planned to hire thirty additional oversight personnel.

The staff is reviewing the award and administration of all

major contracts, including those awarded in the initial

efforts, and will monitor all contracting activities as the

government develops its requirements and as the selection

and award process continues to unfold.

Undoubtedly, FEMA before Katrina suffered from something Congress has grappled with government-wide for many years: a lack of suffi ciently trained procurement professionals.

18 A FAILURE OF INITIATIVE

To further ensure that any payments made to

contractors are proper and reasonable, FEMA engaged

the Defense Contract Audit Agency to help monitor and

oversee any payments made — and pledged not to pay on

any vouchers until each one is audited and cleared.

The Select Committee has no patience with waste,

fraud, or abuse. We expect that any such instances that

are proven will result in harsh punishment for the

perpetrators. We also expect that, as the conditions on the

ground have improved, the next generation of contracts

have been and will be awarded and administered in

accordance with standard acquisition procedures.

Emergency procedures are for emergencies only.

FEMA said it continues to revisit non-competitive

arrangements made immediately after the storm.

“Hurricane Katrina: Preparedness and Response by the State of Alabama” November 9, 2005 Select Committee hearing

“Hurricane Katrina: Preparedness and Response by the State of Mississippi” December 7, 2005 Select Committee hearing

“Hurricane Katrina: Preparation and Response by the State of Louisiana” December 14, 2005 Select Committee hearing

The three state-focused hearings we held were arguably

the most important in terms of fact-gathering. After all, we

understood that in the event of an emergency, state and

local government offi cials bear primary responsibilities

under both the National Response Plan and their own laws

and directives. Throughout federal, state and local planning

documents the general principle is for all incidents to

be handled at the lowest possible organizational and

jurisdictional level. Police, fi re, public health and medical,

emergency management, and other personnel are

responsible for incident management at the local level.

For federally declared emergencies or major disasters, DHS

provides operational and/or resource coordination for

federal support to on-scene incident command structures.

Our goal was to better understand the responsibilities

and actions of state and local offi cials before, during, and

after Hurricane Katrina made landfall. We explored state

laws, policies, procedures, and how state and local offi cials

interfaced with DHS and FEMA when they confronted

Katrina — and how DHS interfaced with them.

The National Response Plan and the National

Incident Management System were crafted to provide

the framework and template, respectively, for the federal

government to work with state and local authorities to

prepare for and respond to crises. In turn, states, localities,

tribal governments, and nongovernmental organizations

are asked to align their plans and procedures with federal

guidelines and procedures.

Did this coordinated alignment occur? By the time of

these hearings, we knew in large part it had not. We sought

to understand, from a state and local perspective, why.

“Hurricane Katrina: Voices from Inside the Storm” December 6, 2005 Select Committee hearing

In mid-November, Rep. Cynthia McKinney asked Select

Committee Chairman Tom Davis to focus a hearing on

the “African-American voice” related to Hurricane Katrina.

With that request in mind, and having already planned

a hearing featuring testimony from storm victims, the

Select Committee sought to better understand the

experiences of Gulf coast residents, including those forced

AP PHOTO/SUSAN WALSH AP PHOTO/HARAZ N. GHANBARI AP PHOTO/SUSAN WALSH

A FAILURE OF INITIATIVE 19

to evacuate, during the catastrophe. Only by hearing

from those most directly affected by Katrina could we

determine where, how, and why the government response

at all levels was so terribly inadequate.

There was little question that Katrina had sparked

renewed debate about race, class, and institutional

approaches toward vulnerable population groups in

the United States. In the aftermath of the storm, a wide

array of media reports, public statements, and polls

underscored this reality.

In his September 15 speech to the nation, President

Bush touched on the issue. “As all of us saw on television,

there is also some deep, persistent poverty in this region

as well. And that poverty has roots in a history of racial

discrimination, which cut off generations from the

opportunity of America,” the President said.

Since then the debate had become increasingly heated.

In media interviews, Jesse Jackson compared New Orleans’

shelters to the hold of a slave ship, and Louis Farrakhan

suggested New Orleans’ levees were intentionally blown

up to destroy primarily African-American neighborhoods.

While not all the commentary has necessarily been

constructive, substantiated, or fair, the Select Committee

believed the issue warranted further discussion, especially

within the context of understanding the experiences of

those caught inside the storm, and in hopes of making sure

the governmental response is more effective the next time.

We knew from government e-mails and other

documents that offi cials were almost immediately sensitive

to public perceptions of race as a factor in the inadequate

response. An aide to Louisiana Governor Blanco cautioned

colleagues about how to respond to a request from Rep.

Maxine Waters, an African-American, for security escorts

in New Orleans shortly after the storm. “Please handle

this very carefully,”

aide Johnny

Anderson wrote in

an e-mail. “We are

getting enough bad

national press on

race relations.”16

E-mails from aides

to former FEMA

Director Michael

Brown refl ected

similar concerns

about public relations

and racial politics. And Alabama offi cials discussed similar

sensitivities about a proposal to conduct background

checks on out-of-state evacuees being housed in state parks.

A CNN-Gallup poll from September 8 to 11 reported

60 percent of African-Americans, but only 12 percent of

whites, believed race was a factor in the slow response to

Katrina. Another poll by the Pew Research Center found

that 7 in 10 blacks believed the disaster showed that

racial inequality remains a major problem in America. A

majority of whites disagreed.

A November survey of 46 Katrina evacuees published

by the Natural Hazards Center at the University of

Colorado-Boulder concluded that “issues of race and

class were central to evacuation experiences.”17 For many,

the evacuation process was complicated by age, mental

or physical disability, the need to care for dependents, or

material possessions they were trying to take with them.

The Washington Post, the Kaiser Family Foundation, and

Harvard University also conducted face-to-face interviews

with 680 randomly selected adult evacuees residing in

Houston.18 When asked, “Has your experience made you

feel like the government cares about people like you, or

has it made you feel like the government doesn’t care?”

61 percent reported they felt the government doesn’t

care. Additionally, the evacuees suggested an intersection

between race and class: 68 percent of respondents thought

the federal government would have responded more

quickly if more people trapped in the fl oodwaters were

“wealthier and white rather than poorer and black.”

At an early November forum at Emerson College,

Louis Elisa — a former regional director for the Federal

Emergency Management Agency under President Clinton

— reportedly suggested that race had to be a factor in the

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inadequate response. “I am telling you, as a professional,

that you could not have had a mistake of this nature…if

something else was not afoot,” the Boston Globe quoted

Elisa.19

Whether or not one believed racist charges were well-

founded (and clearly a majority of our members did not),

the Select Committee agreed it should recognize and

discuss the socioeconomic and racial backdrop against

which Katrina unfolded.

As the Brookings Institution reported in October,

New Orleans, which once had economically and

demographically diverse neighborhoods, had grown

extremely segregated by both race and income by the time

of the storm. “As a result,” Brookings concluded, “blacks

and whites were living in quite literally different worlds

before the storm hit.” 20

At the very least, the Select Committee determined it

should further explore at this hearing how socioeconomic

factors contributed to the experiences of those directly

affected by the storm. The UC-Boulder survey found

that “almost all interviewees described the evacuation

process as disorderly and disorganized, with minimal

communication about where evacuees were heading and

when the next transportation would arrive. This created

a state of uncertainty and insecurity…. [P]redominantly

working-class African-Americans did not evacuate because

they did not have the fi nancial resources to do so.”21

The Select Committee sought to learn more about

whether government messages to Gulf coast residents

regarding the dangers of the coming hurricane could have

been presented in a more effective manner, a question

which also carried racial and socioeconomic implications.

“If you don’t hear the message from someone you

trust, you tend to be skeptical,” Margaret Sims, vice

president of the Joint Center for Political and Economic

Studies, told Public Relations Strategist magazine. “If you

get confl icting information from people you’re not sure

of, then inaction may be, from your perspective, the most

prudent form of action.” 22

The same magazine article noted that disaster

response may have been hampered by not taking the

“circumstances” of area residents fully into account. “The

people creating the verbal or image measures don’t take

into account access or physical barriers to opportunities in

certain communities,” said Linda Aldoory, director of the

Center for Risk Communication Research at the University

of Maryland. “With Katrina, people knew the importance

of storm warnings and the need to evacuate, but didn’t

have the physical access to do so.”23

In other words, the Select Committee agreed it should

examine to what extent response inadequacies stemmed

from the messengers — and the message. We wanted to

further explore the possibility that different people may

hear different things when their elected offi cials are telling

them to evacuate.

Document request, production, and review: an overview

Within a week of its September 15, 2005 creation, the

Select Committee held its fi rst hearing. By the end of the

month, Chairman Davis and Rep. Charlie Melancon,

on behalf of the Select Committee and in cooperation

with the Senate Committee on Homeland Security and

Governmental Affairs, had submitted 19 offi cial and

comprehensive requests for documents to relevant federal

agencies and state governments.

By the beginning of January 2006, 67 formal requests

for documents had been issued by the Select Committee

and the Senate Committee to 29 federal agencies as

well as the governments of Alabama, Mississippi, and

Louisiana and their subdivisions.

“If you get confl icting information from people you’re not sure of, then inaction may be, from your perspective, the most prudent form of action.”

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In response to those formal requests and numerous

other staff requests, the Select Committee received

hundreds of thousands of documents.

The responses by the federal agencies and state

governments inundated the Select Committee. A constant

stream of boxes containing responsive documents arrived

daily at the Select Committee’s door. Select Committee

staff worked around the clock to organize and review

this stream of documents. Aggressive follow-up by the

Select Committee, detailed below, ensured the document

production was responsive to the Select Committee’s

requests.

To fulfi ll its mission, the Select Committee needed to

do more than hold hearings. We requested and received

more than half a million pages of documents from

governmental organizations at all levels: federal, state,

and local. The information gleaned from these documents

played a critical role in helping the Select Committee

paint a picture of what happened and why.

Below is a brief overview of what was requested and

what was received. Most of the governmental organizations

complied with our requests in a timely and complete

fashion. Efforts by others to comply unfortunately were

neither timely nor complete. This is discussed below as well.

In September 2005, the Senate Committee, chaired by

Senator Susan Collins, began its Katrina investigation.

In many cases, the two committees desired the same or

similar information. To facilitate both investigations,

and to eliminate waste and unnecessary duplication of

efforts, the Select Committee simply asked to receive all

documents requested by the Senate.

Federal

The Select Committee sent request letters to all 15

cabinet-level departments as well as many independent

federal deparments including: the Environmental

Protection Agency (EPA), the United States Postal Service

(USPS), the Agency for International Development (AID),

the Tennessee Valley Authority (TVA), the Small Business

Administration (SBA), the Social Security Administration

(SSA), the Federal Communications Commission (FCC),

the Nuclear Regulatory Commission (NRC), the Offi ce

of Personnel Management (OPM), and the National

Aeronautics and Space Administration (NASA). We also

requested information from the White House and the

Offi ce of the Vice President.

In particular, the Select Committee requested extensive

information from the Department of Homeland Security,

particularly from two of its constituent agencies, FEMA

and the U.S. Coast Guard. We requested documents and

communications from before August 23 related to the

threat posed by a hurricane striking New Orleans or the

Gulf Coast, mitigation measures or projects, emergency

preparations, or emergency responses. We also sought

documents and communications from between August

23 and August 29 related to the threat posed by Hurricane

Katrina, mitigation measures or projects, emergency

preparations, or emergency responses. And we requested

documents and communications from between August

29 and September 15 related to the impact of Hurricane

Katrina, mitigation measures or projects, emergency

preparations, or emergency responses.

In addition, we requested information about the

different elements of DHS and individuals holding

key positions. We wanted to know the different roles

and responsibilities of those components, as well as

the actions they took before, during, and after Katrina.

We asked for information regarding the activation of

the National Response Plan and National Incident

Management System, and any discussions about the

use of the armed forces. We also requested relevant

communications, specifi cally any requests for assistance,

communications with local and state authorities, and

communications that revealed any plans to prepare for

the hurricane, or communications that demonstrated

possible vulnerabilities to a hurricane. We also wanted any

documents containing authorities, regulations, plans, and

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procedures of the agency, weather reports, information

about medical response assets, and information about

DHS and FEMA funding and budgeting.

We requested an employee directory and organization

chart for FEMA, as well as the individuals in key position

during the hurricane in the affected regions. We asked

for documents referring to risks posed by hurricanes or

fl ooding of New Orleans, and documents indicating

whether offi cials knew of those risks. We also requested

documents and communications regarding the levee system

in New Orleans, including plans, risk assessments, and

knowledge of the levees’ failure, particularly documents

and communications with the Army Corps of Engineers.

We sought documents and names of key individuals

related to the Hurricane Pam exercise, and information

about FEMA’s chain of command during the storm

and FEMA’s authorities, plans, and policies relevant

to Hurricane Katrina. In addition, we requested after-

action reports for past hurricanes; information about the

activation of the National Response Plan; qualifi cations of

key FEMA personnel; and contributions of contractors and

subcontractors.

Finally, we requested a description of the Coast Guard’s

role with respect to the National Response Plan and other

domestic emergencies, specifi cally Hurricane Katrina. We

wanted to know what components will act, who they will

cooperate with, and in what capacity. We also requested

information about search and rescue, such as command

structures, regulations, and assets available. We also

requested details about when the Coast Guard learned of

certain key information before, during, and after Katrina.

DHS responded to most of these requests from the

Select Committee, including requests addressed to Secretary

Chertoff, Acting Undersecretary Paulison, and Assistant

Secretary Robert Stephan. The Department produced in

total well over 200,000 pages of documents including:

(1) Briefi ng books, reports and communication from the

Secretary’s offi ce; (2) Communications from the Deputy

Secretary’s offi ce; (3) E-mails from Undersecretary Brown’s

offi ce; (4) E-mails from FEMA personnel involved in

planning and response efforts; (5) the National Response

Plan, Hurricane plans, New Orleans and Mobile area plans,

Incident Action Plans, Operation Manuals and planning

worksheets, and Katrina specifi c plans; (6) Mission

assignments, task requests and logs, action requests,

tracking reports, and situation reports; (7) tasking logs and

requests; (8) briefi ngs; (9) grant program documents; (10)

planned shipments; resource tracking reports, commodity

maps, and staging areas; (11) audits; (12) Katrina maps and

graphics; and (13) organizational charts.

The Select Committee sent specifi c requests to the

Department of Defense as well. We sent request letters

to the Offi ce of the Secretary of Defense, the National

Guard Bureau, the U.S. Army Corps of Engineers,

North American Air Defense Command (NORAD), and

Northern Command (NORTHCOM).

Specifi cally, we requested documents and

communications from before August 23 by offi cials of the

Department of Defense or any constituent agencies related

to the threat posed by a hurricane striking New Orleans or

the Gulf coast, mitigation measures or projects, emergency

preparations, or emergency responses. We requested

documents and communications from between August 23

and August 29, by offi cials of the Department of Defense

or any constituent elements related to the threat posed

by Hurricane Katrina, mitigation measures or projects,

emergency preparations, or emergency responses. And,

we requested documents and communications, including

internal communications from between August 29 and

September 15 by offi cials of the Department of Defense

or any DOD elements related to the impact of Hurricane

Katrina, mitigation measures or projects, emergency

preparations, or emergency responses.

We also requested information about DOD’s role and

legal authority with respect to domestic emergencies and

Hurricane Katrina. We wanted organizational charts,

after-action reports, and plans with respect to national

catastrophes. We requested information about DOD and

the events of Hurricane Katrina, such as any guidance

provided by the Secretary of Defense before landfall, the

preparations made, specifi c actions taken, and personnel

involved. We asked for information about Joint Task Force

Katrina and on actions taken during Hurricane Katrina,

specifi cally those of active duty troops and National

Guard units; requests for assistance; and information on

DOD’s chain of command during the incident.

The Select Committee initially received responses

from the Department of Defense on behalf of Secretary

Rumsfeld that only partially complied with the various

requests. On November 18, the Select Committee received

a production from the Department containing: execution

orders; requests for forces; correspondence regarding

National Guard authorization; daily update briefi ngs; and

A FAILURE OF INITIATIVE 23

daily executive summaries. On December 14, the Select

Committee received further production containing the

Joint Staff Director of Operations’ (J-3) Redacted Timeline,

outlining the Department’s response actions to Hurricane

Katrina and the Joint Task Force Katrina Commander’s

Assessment Briefi ngs.

In further response to the letter requests, on December

22 the Select Committee received: the Assistant Secretary

for Defense for Homeland Defense’s Smart Book;

responses to Senate interrogatories of September 28;

National Guard and Northcom timelines; Execute and

Deployment orders; NORTHCOM teleconference minutes;

Captain Rick Snyder’s, XO USS Bataan, Lessons Learned

Package; Vice Admiral Fitzgerald’s e-mails, timelines,

and notes; 2nd Fleet Lessons Learned; Records of Annual

Hurricane exercises; memo to Admiral Starling regarding

Naval assets in the region; information regarding

helicopter assets; Rear Admiral Kilkenny’s Lessons Learned

brief to the Chief of Naval Operations; Northcom requests

for forces; Northcom deployment orders; Northcom

timeline; and twice-daily Joint Operations Center emails.

In addition the Department produced: Joint Forces

Command (JFCOM) timeline and logs of verbal

orders; JFCOM Standard Operating Procedures;

Unifi ed Command Plan; TOPOFF exercise paperwork;

Commander Fleet Forces command general requirement

for Humanitarian Response/Disaster Relief; National

Guard Bureau Readiness Documents; National Guard

Bureau Senior Leadership Questions; and Katrina effects

on National Guard Bureau readiness.

Despite these signifi cant productions, Chairman

Davis was concerned that the communications of senior

Defense Department offi cials — a priority in the fi rst

request to the Department — had not been produced.

Consequently, after discussions with Rep. Melancon,

he issued a subpoena to the Department of Defense on

December 14. The subpoena required the production of

the correspondence of senior DOD offi cials related to

Hurricane Katrina.

On December 22, the Select Committee received

documents responsive to the subpoena, including offi cial

correspondence from Assistant Secretary Paul McHale,

Principal Deputy Assistant Secretary Peter Verga, Admiral

Keating, Lieutenant General Honoré, Lieutenant General

Blum, and Colonel John Jordan. On December 30, the

Select Committee received more documents responsive

to the subpoena, including DOD offi cial correspondence

from Secretary Rumsfeld, Acting Deputy Secretary

England, Colonel Daskevich, Brigadier General Scherling,

Colonel Roberson, Colonel Chavez, Colonel Young,

F E

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24 A FAILURE OF INITIATIVE

Admiral Keating, and Principal Deputy Assistant Secretary

Verga. On January 13, the Select Committee received

further submissions of correspondence from Department

offi cials including, Brigadier General Graham, Major

General Young. And on January 17, the Select Committee

received the emails of Major General Grass and Lieutenant

General Vaughn.

The Select Committee also requested information

from the White House. Specifi cally, the Select Committee

requested documents and communications from before

August 23 related to the threat posed by a hurricane

striking New Orleans or the Gulf coast, mitigation

measures or projects, emergency preparations, or

emergency responses. We requested documents and

communications from between August 23 and August

29 related to the threat posed by Hurricane Katrina,

mitigation measures or projects, emergency preparations,

or emergency responses. And we requested documents

and communications from between August 29 and

September 15 related to the impact of Hurricane Katrina,

mitigation measures or projects, emergency preparations,

or emergency responses. Initially, the White House

produced more than 4,000 documents in response to

these requests; however, the Select Committee was not

satisfi ed with this initial production of documents.

In a December 6 letter, William Kelly, White House

Deputy Counsel, said the September 30 and December 1

requests were too broad and asked the Select Committee

to narrow the request. In response, the Select Committee

insisted on briefi ngs by senior administration offi cials and

the production of certain items, including e-mails and

documents from the White House Situation Room. As a

result of our demands, a briefi ng was provided and more

than 12,000 pages of documents from the Executive Offi ce

of the President on the response to Hurricane Katrina

were delivered on December 16. The Select Committee

made similar requests to the Vice President’s offi ce, which

responded with almost 6,000 pages of documents.

While the Select Committee was disappointed and

frustrated by the slow pace and general resistance to

producing the requested documents by the White

House and the Department of Defense, at the end of the

day, the Select Committee believes it received enough

information through documents, briefi ngs, and interviews

to understand the actions and decisions of those entities,

and reach sound fi ndings on them, without implicating

executive privilege.

That’s what this was about: obtaining suffi cient

information. Getting the documents and testimony

we needed to make sure Americans are better prepared

the next time. Ultimately, our public criticism of the

Administration’s slow pace did the job. At our insistence,

the White House provided Deputy Assistant to the

President for Homeland Security Ken Rapuano for a

briefi ng with staff and Members. With the President in

Texas, Homeland Security Advisor Frances Townsend out

of the country, and Chief of Staff Andrew Card in Maine

at the time of the storm, Rapuano offered the best view

of White House knowledge and actions right before and

right after Katrina. In fact, his briefi ng included more

acknowledgements of institutional failure than any we

had received previously.

The agreement with the White House gave us an

opportunity to understand the White House role in

Katrina while keeping the Select Committee on a parallel

track with the Senate, which had not pursued White

House subpoenas, and had not even subpoenaed DOD. A

subpoena for White House documents would have simply

derailed and delayed our inquiry, with the likelihood of

a lengthy and unproductive court battle over executive

privilege to follow.

State

The Select Committee sent request letters to governmental

components in the three states hit hardest by Hurricane

Katrina: Alabama, Louisiana, and Mississippi. In each

state, we requested information from both the offi ce of

the governor and the state’s respective agency in charge of

homeland security or emergency management.

Specifi cally, the Select Committee asked each state’s

governor’s offi ce for documents or communications,

including internal communications, received, prepared,

or sent up to the date of September 15 by state offi cials

related to the threat posed by a hurricane, mitigation

measures or projects, emergency preparations, or

emergency responses. Also, for each state’s offi ce in charge

of homeland security or emergency management, the

Select Committee requested: information about that

organization, including organization charts; the agency’s

responsibilities with respect to emergencies; regulations

and procedures; after action reports for past hurricanes;

past requests for federal grants; budgets for the agencies;

A FAILURE OF INITIATIVE 25

contractors and subcontractors that assisted with Katrina;

a detailed chronology of events and actions taken during,

before, and after the hurricane; key state personnel

involved with Katrina; and all communications to and

from the agencies relevant to the disaster.

The Select Committee also requested any state, county,

and local emergency plans, and the identity of state and

local agencies involved in those plans. Finally, the Select

Committee asked for documents from the past fi ve years

that evaluate the threats posed by hurricanes and any

information about exercises to prepare for hurricanes.

The Select Committee sent request letters to the

Alabama Department of Homeland Security (ADHS),

as well as the offi ce of Governor Bob Riley. The State

of Alabama answered all questions and replied to all

requests. The state provided the Alabama Emergency

Management Plan, 26 different situation reports, the

Governor’s proclamations, a timeline, and four Incident

Action Plans. The state also provided communications

such as a MOU with Mississippi, Alabama county

emergency management standards, and state emergency

procedures. In answering the Select Committee’s

questions, the state provided organization charts, key

personnel, the roles and responsibilities of ADHS and

the Alabama Emergency Management Agency (AEMA),

state and county emergency plans and the state and local

agencies involved in the response to Katrina. The state

also provided risk assessments and after action reports

and information on exercises to prepare for disasters.

Alabama also provided information on budgets for the

past fi ve years. The state also provided timelines, a list of

actions taken by state agencies in response to Katrina and

a complete set of AEMA internal communications and

action tracking system (EM 2000) messages.

The Select Committee sent requests to both the

Louisiana Offi ce of Homeland Security and Emergency

Preparedness (LOHSEP) and to the offi ce of Governor

Kathleen Blanco. After asking for a 90 day extension

on October 26 due to the need to address immediate

hurricane relief, the Governor fully responded on

December 1 with tens of thousands of documents on their

response and preparation for Hurricane Katrina including:

an overview of the Governor’s actions, Executive Orders

and declarations, emergency preparedness plans, the LA

Citizen Awareness and Disaster Evacuation Guide, offi cial

correspondence, organization charts, notes and internal

communications. Included was the response of the Acting

Deputy Director of LOHSEP based on “the best available

information” in that agency’s possession at that time,

including specifi c responses to the committee’s questions

in the original Senate Committee letter.

The Louisiana Attorney General’s Offi ce responded

with additional information on January 11 and also

informed us there would be a slight delay in sending two

CDs containing e-mails of the Louisiana National Guard

due to technical problems. Those CDs arrived February 2.

The Select Committee sent request letters to both the

Mississippi Emergency Management Agency (MEMA) and

the Offi ce of Governor Haley Barber. MEMA provided

organization charts, and a listing of key personnel. MEMA

produced state plans including the MS Comprehensive

Emergency Management Plan (CEMP Vol. II), Contra-

Flow Plan of August 2005, as well as many inter-agency

state plans such as plans from Louisiana, transportation

evacuation plans, and parish/city plans. MEMA provided

risk assessments for hurricanes, fl oods, surges, and

economic impacts. MEMA also included all Emergency

Operations Center (EOC) maps of the state and local

jurisdictions. MEMA provided information on plans and

training exercises such as Hurricane Pam and Lifesaver

2004. Other items provided: timeline of events and

communications such as director briefs, news releases,

media advisories, MEMA situation reports, Incident Action

Plans, EM 2000 messages, and mission assignments.

The documents produced by all three states and the

federal government allowed the Select Committee to

gain important insights into the workings of government

entities stressed to the breaking point by a terrible disaster.

They helped reveal the true nature of the relationship

of state emergency management operations to the

system of federal emergency management support.

These documents allowed the Select Committee to reach

conclusions about what worked well and what did not.

Those conclusions will help improve preparation and

response for the next disaster, protect the public, save

lives, and reduce suffering. We don’t pretend to have the

entire universe of information related to the preparation

for and response to Katrina. But we had more than

enough to do our job. ■

26 A FAILURE OF INITIATIVE

1 Hearing on Hurricane Katrina: Voices from inside the Storm Before Select Comm., (Dec. 6, 2005) at 28 (statement of Patricia Thompson) [hereinafter Dec. 6, 2005 Select Comm. Hearing].

2 Interview by Select Comm. Staff with Juliette Saussy, Director, New Orleans Emergency Medical Services, in New Orleans, LA (Jan. 19, 2006). 3 Interview by Select Comm. Staff with Eddie Favre, Mayor of Bay St. Louis, in Waveland, MS (Jan. 20, 2006). 4 Interview by Select Comm. Staff with Brent Warr, Mayor of Gulfport, in Waveland, MS (Jan. 20, 2006). 5 Rep. Gene Taylor, comments to Select Comm. Members and Staff during bus tour of coastal MS (Jan. 20, 2006). 6 Rep. Gene Taylor, comments to Select Comm. Members and Staff during bus tour of coastal MS (Jan. 20, 2006). 7 Hearing on Back to the Drawing Board: A First Look at Lessons Learned from Katrina Before House Gov’t Reform Committee, 109th Cong. (Sept. 15,

2005) at 11 (statement of Rep. Henry A. Waxman) [hereinafter Sept. 15, 2005 Gov’t Reform Hearing]. 8 Sept. 15, 2005 Gov’t Reform Hearing at 12 (statement of Rep. Henry A. Waxman). 9 Nicholas Johnston, Some House Democrats Want Larger Role in Katrina Investigation, BLOOMBERG, Nov. 2, 2005. 10 Id. 11 Id. 12 Hearing on Hurricane Katrina: Voice from Inside the Storm Before the Select Comm., 109th Cong. (Dec. 6, 2005). 13 Bill Walsh, Plan would let president take control in disasters; Proposal may be seen as slap at Blanco, TIMES-PICAYUNE (New Orleans), Oct. 22, 2005

[hereinafter Plan Article]. 14 Plan Article. 15 See, e.g., George C. Wilson, Suiting Up for the Next Katrina, CONGRESS DAILY, Oct. 17, 2005 at 5. 16 E-mail correspondence from Johnny Anderson, aide to Gov. of LA, to other aides (Sept. 2, 2005) (11:56 p.m.). 17 John Barnshaw, Continuing Signifi cance of Race and Class among Houston Hurricane Katrina Evacuees, NATURAL HAZARDS OBSERVER (Natural

Hazards Center), Nov. 2005 at 2. 18 Wash. Post Kaiser Family Foundation, and Harvard University, Survey of Hurricane Katrina evacuees (2005). 19 Christine MacDonald, Months After Katrina, a Local Storm Surge on Race and Class, BOSTON GLOBE, Nov. 6, 2005 at 4. 20 Brookings Institution Metropolitan Policy Program, New Orleans after the Storm: Lessons Learned from the Past, a Plan for the Future, (Oct. 2005)

at 6. 21 John Barnshaw, Continuing Signifi cance of Race and Class among Houston Hurricane Katrina Evacuees, NATURAL HAZARDS OBSERVER (Natural

Hazards Center), Nov. 2005 at 3. 22 Alison Stateman, Time for a Change? What Hurricane Katrina Revealed About Race and Class in America, PUBLIC RELATIONS STRATEGIST, Oct. 1,

2005 at 8 (hereinafter Strategist Article). 23 Strategist Article.

A FAILURE OF INITIATIVE 27

28 A FAILURE OF INITIATIVE

“The devastation along the Gulf Coast from Hurricane Katrina is

like nothing I have witnessed before. It is catastrophic. Words cannot

convey the physical destruction and personal suffering in that part of

the nation.” Dr. Max Mayfi eld

Director, National Hurricane Center

Select Committee hearing, September 22, 2005

F E

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A FAILURE OF INITIATIVE 29

BACKGROUND

National framework for emergency management

General role of FEMA, creation of DHS, and FEMA’s absorption into the department

The Federal Emergency Management Agency (FEMA) was

established in 1979 in an effort to consolidate many of the

federal policies related to the management of emergencies,

including preparedness, mitigation, disaster response, and recovery.1 Prior to FEMA’s creation, through a mix of legislation and executive decisions, responsibility for federal

emergency assistance as well as the types of assistance and

eligibility underwent numerous changes. For example,

administrative responsibility for assistance was shifted

among a variety of federal departments, agencies, and

the White House. In addition, the kinds of assistance the

federal government provided and the types of organizations

eligible were increased a number of times by, for example,

adding provisions for disaster relief to small businesses and

agricultural producers. By the late 1970s, these authorities

and administrative changes had “developed into a complex

mix of federal emergency management missions” with

which state, local, and federal offi cials were dissatisfi ed,

characterizing the situation as an ineffi cient maze of federal

policies and responsible administrative entities.2

In 1978, following the incident at Three Mile Island,

President Carter proposed reorganizing many of the

emergency operational and coordination functions

that had become dispersed throughout the federal

government. In a reorganization plan submitted to

Congress, the President proposed creating FEMA to

administer many of the federal policies related to

disasters, doing so based on a number of key principles:3

■ Federal authorities to anticipate, prepare for, and

respond to major civil emergencies should be

supervised by one offi cial responsible to the President

and given attention by other federal offi cials at the

highest levels;

■ An effective civil defense system requires the most

effi cient use of all available resources (later embodied

in the “all hazards” approach, through which civil

defense capabilities would be available for any disaster,

regardless of cause);

■ Whenever possible, emergency responsibilities should

be extensions of the regular missions of federal, state,

and local agencies (later embodied in federal response

plans through which FEMA coordinates and plans the

assistance other federal agencies provide rather than

providing the assistance directly);

■ Federal intervention should be minimized by

emphasizing hazard mitigation and state and local

preparedness; and,

This report is a story about federal, state, and local emergency response plans, and how they were or were not

implemented before and after Katrina. Where there were problems, we asked why. Where even fl awless execution led to

unacceptable results, we returned to questioning the underlying plans.

What this Select Committee has done is not rocket science. We’ve gathered facts and established timelines based on

some fairly rudimentary but important questions posed to the right people in both the public and private sectors. What

did you need and what did you get? Where were you in the days and hours right before, during, and after the storm? Who

were you talking to? What were you doing? Does that match what you were supposed to be doing? Why or why not?

In other words, the Select Committee has matched what was supposed to happen under federal, state, and local plans

against what actually happened. Our fi ndings emerged from this process of matching. In this lengthy Background chapter,

we beg your indulgence. We know that most readers do not care about acronyms or organizational charts, about

authorities and capabilities or the concepts of “push” versus “pull.” We know you simply want to know who was supposed

to do what, when, and whether the job got done. And if it didn’t get done, you want to know how we are going to make

sure it does the next time.

We provide this background on the framework for emergency management to set the stage for the story we will tell.

To understand the failure of initiative, we need to fi rst explain the tools that were available to so many.

30 A FAILURE OF INITIATIVE

■ Federal hazard mitigation activities should be closely

linked with emergency preparedness and response

functions.

The President’s reorganization plan took effect in

April 1979 through two executive orders which created

FEMA and assigned the various responsibilities previously

dispersed throughout a number of other agencies.4 These

included, among others, the coordination of civil defense,

civil emergency planning, and federal disaster relief;

federal disaster preparedness; federal

fl ood insurance authorities; dam

safety; natural and nuclear disaster

warning systems; and, coordination

of preparedness and planning to

reduce the consequences of major

terrorist incidents.5 To meet these

responsibilities, FEMA focused on

(1) enhancing the capability of state

and local governments to respond

to disasters; (2) coordinating with

other federal agencies that provide

resources to respond to disasters;

(3) giving federal assistance directly to citizens recovering

from disasters; (4) granting fi nancial assistance to state

and local governments; and, (5) providing leadership

for hazard mitigation through grants, fl ood plain

management, and other activities.6

FEMA’s transfer to the Department of Homeland Security and role in disaster response

In 2002, Congress created the Department of Homeland

Security (DHS) and placed FEMA within the new

department. Specifi cally, the Homeland Security Act

of 2002 (HSA) established in DHS the Emergency

Preparedness and Response (EPR) Directorate, placing

FEMA (except for its terrorism preparedness functions)

into EPR along with a number of additional entities and

functions.7 For example, EPR also assumed responsibility

for the Department of Health and Human Services’ Offi ce

of Emergency Preparedness, which manages the National

Disaster Medical System, a network of federal, state, local,

private sector, and civilian volunteer medical and support

personnel who augment local medical providers during

disasters.8 In addition to these functional responsibilities,

the HSA assigned to EPR responsibility for:9

■ promoting the effectiveness of emergency responders;

■ supporting the Nuclear Incident Response Team (NIRT)

through standards, training exercises, and funding;

■ managing, overseeing, and coordinating federal

response resources;

■ aiding disaster recovery;

■ creating an intergovernmental national incident

management system;

■ consolidating existing federal response plans into one

plan;

■ ensuring emergency responders have interoperative

communications technology;

■ developing a coordinated strategy for public health-

related activities; and

■ using private sector resources.

Federal vs. state and local roles

Pull vs. push system

The federal government responds to most natural disasters

when the affected state(s) requests help because the

disaster is of such severity and magnitude that an effective

response is beyond the capabilities of the state and local

governments.10 This system in use for most disasters

— providing federal assistance in response to requests of

the states (or local governments via the states) — is often

referred to as a “pull” system in that it relies on states to

know what they need and to be able to request it from the

federal government.11

In practice, states may make these requests before

disasters strike because of the near certainty that federal

assistance will be necessary after such an event (e.g., with

hurricanes) or, afterwards, once they have conducted

preliminary damage assessments and determined that

their response capabilities are overwhelmed. In either

case, the resources the federal government provides in

any disaster response are intended to supplement state

Providing federal assistance in response to requests of the states (or local governments via the states) is often referred to as a “pull” system.

F E

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A FAILURE OF INITIATIVE 31

and local government resources devoted to the ongoing

disaster relief and recovery effort.12

In certain instances, however, the federal response

may also be considered a “push” system, in which federal

assistance is provided and/or moved into the affected area

prior to a disaster or without waiting for specifi c requests

from the state or local governments.13 As discussed below,

DHS’s National Response Plan includes a component

— the Catastrophic Incident Annex — that outlines the

kinds of events that can cause damage so massive that fi rst

responders, local governments, and state governments

are unable to request — or “pull” — federal assistance

in the immediate aftermath of the incident, creating a

situation in which “pushing” the federal resources might

be necessary.

EMAC system to supplement state and local capabilities

Prior, or in addition, to seeking assistance from the

federal governments, states are set up to help each other

when disasters or emergencies overwhelm their capacity.

States do so through participation in the Emergency

Management Assistance Compact (EMAC), an interstate

mutual aid agreement among member states to provide

assistance after disasters overwhelm the affected state’s

capacity. Congress approved the creation of EMAC in

1996, building on the earlier efforts of the Southern

Regional Emergency Compact that Florida and 16 other

states created in 1993 after experiencing dissatisfaction

with the state and federal response to Hurricane Andrew

in 1992.14 EMAC provides the legal structure for states to

request assistance from one another as well as a menu of

resources, such as temporary shelters and cargo aircraft,

which may be available from other member states.

Importantly, this assistance can, and often does, come

from participating states’ National Guards.15 The National

Emergency Management Association, the professional

association of state emergency managers, administers the

compact.16

Federal authorities and capabilities

When an incident overwhelms, or is likely to overwhelm,

state and local resources, the Stafford Act authorizes the

President, in response to a request from the governor of

the affected state, to issue two types of declarations—

emergency or major disaster.

Emergency declaration

The Stafford Act defi nes an emergency as “any occasion or

instance for which, in the determination of the President,

federal assistance is needed to supplement state and

local efforts and capabilities to save lives and to protect

property and public health and safety, or to lessen or

avert the threat of a catastrophe in any part of the United

States.”17 An emergency declaration is more limited in

scope than a major disaster declaration; generally, federal

assistance and funding for emergencies are provided to

meet a specifi c need or to help prevent a major disaster

from occurring.18 Emergency assistance under such

a declaration may include: grants to state and local

governments for debris removal; direct assistance (grants)

to individuals and households for temporary housing

and other needs; and, assistance to states in distributing

medicine and food.19

Major disaster declaration

A major disaster can result from a hurricane, earthquake,

fl ood, tornado or other incident that clearly overwhelms

the ability of state or local governments to respond on their

own. A presidential declaration of a major disaster usually

occurs after local and state governments have responded

with their own resources (such as the National Guard),

conducted damage assessments to determine losses and

recovery needs, and determined that the disaster is of such

severity and magnitude that an effective response is beyond

In certain instances, the federal response may be considered a “push” system, in which federal assistance is provided into the affected area prior to a disaster or without waiting for specifi c requests from the state or local governments.

32 A FAILURE OF INITIATIVE

the capabilities of the state and local governments.20 Such

a declaration sets into motion federal assistance to and

support of state and local response efforts as well as long-

term federal recovery programs.21

Principles of the National Response Plan and the National Incident Management System

Broadly speaking, the overall structure for the federal

response to most disasters consists of the National

Response Plan and National Incident Management System.

The President issued Homeland Security Presidential

Directive (HSPD)-5 in February 2003, directing DHS

to develop a new plan for responding to emergencies

(regardless of cause). Specifi cally, HSPD-5 required DHS

to establish a single, comprehensive approach to the

management of emergency events, whether the result

of terrorist attacks or large-scale natural or accidental

disasters.22 According to DHS, the intent of this plan is

to align federal coordination structures, capabilities, and

resources into a unifi ed, all-discipline, and all-hazards

approach to domestic incident management.23

To implement HSPD-5, DHS developed the National

Incident Management System (NIMS) and the National

Response Plan (NRP). In short, the NRP defi nes what

needs to be done in a large-scale emergency event and the

NIMS defi nes how to manage it:

■ The NRP describes the structure and mechanisms

for coordinating federal support during emergencies

(or exercising direct federal authority).24 It uses the

framework of the NIMS to integrate federal government

domestic prevention, protection, response, and

recovery plans into a single operational plan for all

hazards and all emergency response disciplines. The

NRP describes operational procedures for federal

support to state, local, and tribal emergency managers

and defi nes situations in which federal authorities are

to provide support and when federal authorities are

to assume control. The NRP organizes capabilities,

staffi ng, and equipment resources in terms of functions

that are most likely to be needed during emergencies,

such as communications or urban search and rescue,

and spells out common processes and administrative

requirements for executing the plan. DHS issued the

NRP in December 2004 and used it for the fi rst time in

the preparation for and response to Hurricane Katrina.

■ NIMS consists of six major components of a systems

approach to domestic incident management: command

and management, preparedness, resource management,

communications and information management,

supporting technologies, and ongoing management

and maintenance. According to DHS, NIMS “aligns

the patchwork of federal special-purpose incident

management and emergency response plans into an

effective and effi cient structure.”25 To do so, it defi nes

the roles and responsibilities of federal, state, and local

fi rst responders during emergencies and establishes

a core set of concepts, principles, terminology, and

organizational processes to enable effective, effi cient,

and collaborative emergency event management at

all levels. The concepts, principles, and processes

underlying the NIMS are intended to improve the

ability of different jurisdictions and fi rst-responder

disciplines to work together in various areas, such as

command and communications.26 NIMS, according to

DHS, is based on an “appropriate balance of fl exibility

and standardization.” It allows government and private

entities to use an adjustable national framework to

work together managing domestic incidents, no matter

their cause, size, location, or complexity and, while

doing so, provides a set of standardized organizational

structures to improve interoperability among

jurisdictions.27 Beginning in federal fi scal year 2005,

state and local governments were required to adopt

NIMS in order to receive federal (DHS) preparedness

grants or contracts.28

The NRP consists of 5 components: 29

1. The base plan describes the overall structure and

processes of a national approach to domestic incident

management that integrates the efforts and resources

of federal, state, local, tribal, private-sector, and non-

governmental organizations. It includes planning

assumptions (e.g., state and local capabilities may be

overwhelmed), roles and responsibilities, a concept

of operations, incident management actions, and

instructions for maintaining and periodically updating

the plan.

2. Appendices provide relevant, detailed supporting

information, such as statutory authorities and a

compendium of national interagency plans.

A FAILURE OF INITIATIVE 33

3. Support Annexes provide guidance and describe the

functional processes and administrative requirements

for meeting various plan objectives, such as logistics

management and coordination with the private sector

(including representatives of critical infrastructure

resources).

4. Emergency Support Annexes spell out in detail the

missions, policies, structures, and responsibilities

of federal agencies for coordinating resource and

programmatic support to state, local, and tribal

governments as well as other federal agencies. Each

Emergency Support Function (ESF) has a coordinator

with ongoing responsibilities throughout the incident

as well as one or more primary agencies responsible for

accomplishing the ESF mission. Most ESFs also have

support agencies responsible for assisting the primary

agency or agencies.

5. Incident Annexes address contingency or hazard

situations requiring specialized application of the

NRP for seven different types of incidents: biological;

catastrophic; cyber; food and agriculture; nuclear/

radiological; oil and hazardous materials; and,

terrorism.

Emergency Support Functions

The ESFs are the primary vehicle through which DHS

directly responds to disasters and coordinates the direct

responses of other federal agencies as well as groups like

the American Red Cross (Red Cross).30 For each of the 15

ESFs, DHS identifi es a primary federal agency (or, in one

case, a lead organization, the Red Cross. For most ESFs,

DHS also identifi es one or more support agencies. Primary

agencies’ responsibilities include orchestrating federal

support for their ESF, managing mission assignments and

coordinating with state agencies, and executing contracts

and procuring goods and services as needed. Support

agencies’ responsibilities include conducting operations

at the request of DHS or the ESF primary agency, assisting

with situation (or damage) assessments, and participating

in training or other exercises having to do with their

prevention, response, and recovery activities.31

The 15 ESFs, their overall purpose, primary and

support agencies are as follows:

F E

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34 A FAILURE OF INITIATIVE

Emergency Support Function Purpose Primary Agency Support Agencies

1—transportation32 To support DHS, other federal agencies, U.S. Department of Agriculture (Forest Service); state, and local responders requiring Transportation DOD; U.S. Army Corps of transportation. Engineers; DHS; Interior

2—communications33 To ensure the provision of federal DHS/Information Analysis Agriculture (Forest Service); communications support to federal, state, and Infrastructure Interior; FEMA local, private sector response efforts Protection/National during an Incident of National Communications System Signifi cance; supplement the National Plan for Telecommunications Support in Non-wartime Emergencies (NTSP).

3—public works and engineering34 To coordinate and organize the DOD/U.S. Army Corps of USDA; HHS; Interior; capabilities and resources of the federal Engineers (during response); EPA; American Red Cross government to facilitate the delivery of services, technical assistance, FEMA (during recovery) engineering expertise, construction management, and other support relative to the condition of (or damage to) public works infrastructure and facilities.

4—fi refi ghting35 To detect and suppress fi res resulting Department of Agriculture/ Commerce; DOD; from an Incident of National Signifi cance Forest Service U.S. Army Corps of by providing personnel, equipment, and Engineers; DHS supplies in support of state, local, and tribal agencies involved in fi refi ghting operations.

5—emergency management36 To support the overall activities of the FEMA None federal government for domestic incident management by providing the core management and administrative support functions in support of the NRCC, RRCC, and JFO37 operations; ESF 5 is the “support ESF for all federal departments and agencies…from prevention to response and recovery.”

6—mass care, housing, and To support the state, regional, local and FEMA Agriculture (Food and human services38 tribal government and non-governmental American Red Cross Nutrition Service; Forest efforts to address the nonmedical mass Service); U.S. Army Corps of care, housing, and human services needs Engineers; DHS/National of individuals affected by Incidents of Disaster Medical System; National Signifi cance. Mass care includes Interior organizing feeding operations and coordinating bulk distribution of emergency relief items; housing involves providing short- and long-term assistance with housing needs; and, human services includes counseling and identifying support for special needs populations.

7—resource support39 To assist DHS and supporting federal, GSA DHS state, and local agencies prior to, during, and after incidents of national signifi cance with emergency relief supplies, facility space, offi ce equipment, offi ce supplies, telecommunications and others services.

8—public health and medical services40 To provide coordinated federal assistance HHS DOD; U.S. Army Corps to supplement state and local resources of Engineers; DHS; DOT; in response to public health and medical American Red Cross care needs for incidents of national signifi cance. Federal support can consist of assessment of public health needs, public health surveillance, medical care personnel, and medical equipment and supplies.

A FAILURE OF INITIATIVE 35

9—urban search and rescue41 To rapidly deploy the National Urban FEMA Agriculture (Forest Service); Search and Rescue (US&R) response DOD; U.S. Army Corps of system to provide specialized life-saving Engineers; DHS/ assistance to state and local authorities U.S. Coast Guard; DHS/ during an incident of national signifi cance. Border and Transportation US&R activities include locating and Security Directorate; DOT; extracting victims and providing onsite U.S. AID medical assistance.

10—oil and hazardous materials To provide a coordinated response to EPA Commerce/NOAA response42 actual or potential oil and hazardous DHS/U.S. Coast Guard43 materials discharges or releases during incidents of national signifi cance. ESF 10 operates by placing the mechanisms of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) within the broader NRP coordination structure. The NCP describes the National Response System—an organized network of agencies, programs, and resources with authorities and responsibilities in oil and hazardous materials response.

11—agriculture and natural To support state, local tribal and other Department of Agriculture DOD; American Red Cross resources44 federal agencies’ efforts to (1) address the provision of nutrition assistance, Department of the Interior including determining needs, obtaining (NCH properties) appropriate food supplies, and arranging for delivery of the supplies; (2) control and eradication of disease outbreaks and plant infestations; (3) assurance of food safety and security; and (4) protection of natural and cultural resources and historic (NCH) properties.

12—energy45 To restore damaged energy systems and Department of Energy Agriculture/Rural Utilities components during a potential or actual Service; Commerce/NOAA; Incident of National Signifi cance; collect, U.S. Army Corps of Engineers; evaluate, and share information on energy DHS; Interior; Department of system damage and estimations on the Labor; Department of State; impact of energy system outages within EPA; Nuclear Regulatory affected areas. Commission; Tennessee Valley Authority (TVA)

13—public safety and security46 To provide via federal to federal support DHS Agriculture (Forest Service); or federal support to state and local DHS/Border and authorities a mechanism for coordinating Department of Justice Transportation Security and providing non-investigative/ Directorate; DHS/Customs non-criminal law enforcement, public and Border Protection; DHS/ safety, and security capabilities and Immigration and Customs resources. Enforcement; Interior

14—long-term community recovery To provide a framework for federal Agriculture Commerce; U.S. Army Corps and mitigation47 support to enable community recovery Commerce of Engineers; Department of from the long-term consequences of DHS/FEMA Energy; HHS; DHS; Interior; an Incident of National Signifi cance. HUD Department of Labor; DOT; Treasury EPA; TVA; American Red Cross SBA

15—external affairs48 To provide accurate, coordinated, and FEMA Commerce/NOAA; timely information to affected audiences, Department of Justice; including governments, media, the private Corporation for National and sector, and the local populace. Community Service

Emergency Support Function Purpose Primary Agency Support Agencies

36 A FAILURE OF INITIATIVE

Catastrophic disasters and incidents of National Signifi cance (INS)

Recognizing that certain disasters are so different in terms of

size, scope, and damage that they require a response above

and beyond the normal procedures for “emergencies” and

“major disasters,” DHS defi nes and has distinct plans for the

federal response to “catastrophic” disasters.49 Specifi cally,

DHS defi nes a catastrophic event as:

Any natural or manmade incident, including

terrorism, that results in extraordinary levels of mass

casualties, damage, or disruption severely affecting

the population, infrastructure, environment,

economy, national morale, and/or government

functions. A catastrophic event could result in

sustained national impacts over a prolonged period

of time; almost immediately exceeds resources

normally available to state, local, tribal and

private-sector authorities in the impacted area; and

signifi cantly interrupts governmental operations and

emergency services to such an extent that national

security could be threatened.50

Using this defi nition, DHS makes a number of

assumptions about the scenarios that will unfold before,

during, and after a catastrophic disaster and attempts to

structure the federal response to address those assumptions

(and their ramifi cations). DHS assumes:51

■ A catastrophic incident results in large numbers of

casualties and/or displaced persons;

■ The incident may cause signifi cant disruption of the

area’s critical infrastructure, including transportation,

telecommunications, and public health and medical

systems;

■ Response activities may have to begin without the

benefi t of a detailed or complete situation and needs

assessment because a detailed, credible operating

picture may not be possible for 24 to 48 hours or

longer after the incident;

■ The federal government may have to mobilize and

deploy assets before local and state governments

request them via normal protocols because timely

federal support may be necessary to save lives, prevent

suffering, and mitigate severe damage; and,

■ Large numbers of people may be left temporarily or

permanently homeless and require temporary or

longer-term interim housing.

Consequently, in anticipation of or soon after a

catastrophic incident, DHS is expected to rapidly — and

proactively — provide critical resources to assist and

augment the ongoing state and local responses. To do

so, when the Secretary of DHS declares a disaster to be

“catastrophic,” the department also implements the

Catastrophic Incident Annex of the National Response

Plan.52 DHS characterizes this annex as establishing the

context and overarching strategy for implementing and

coordinating an accelerated, proactive national response

to certain catastrophic disasters. When this annex is

implemented, all federal agencies and others with

responsibilities under the Emergency Support Functions

(ESFs) of the National Response Plan are supposed to

immediately begin operations. Specifi cally, DHS expects

the federal government and others will need to provide

expedited help in one or more of the following areas:53

■ Mass care (shelter, food, emergency fi rst aid, etc.),

housing, and human services;

■ Urban search and rescue, such as locating, extricating,

and providing onsite medical treatment;

■ Decontamination in incidents involving weapons of

mass destruction;

■ Public health and medical support;

■ Medical equipment and supplies;

■ Casualty and fatality management and transportation

for deceased, injured, or exposed victims; and,

■ Public information when state and local public

communications channels are overwhelmed.

When the Secretary of DHS declares a disaster to be “catastrophic,” the Department implements the Catastrophic Incident Annex of the National Response Plan.

A FAILURE OF INITIATIVE 37

Because of fundamental and time-critical differences

in catastrophic disasters, FEMA has established protocols

to pre-identify and rapidly deploy essential resources.

Among other things, FEMA assumes the demands of

responding to a catastrophic disaster may mean it

has to expedite or even temporarily suspend normal

operating procedures for state and local governments

to request assistance, doing so proactively rather than

in response to things like specifi c requests based on

detailed damage assessments.54 For catastrophic incidents,

DHS is supposed to activate and deploy DHS-managed

teams, equipment caches, and other resources in order

to accelerate the timely provision of critically skilled

resources and capabilities.55 These can include medical

and search and rescue teams, transportable shelters, and

preventive and therapeutic pharmaceutical caches that

may be necessary to save lives and contain damage.

Incidents of National Signifi cance

DHS defi nes incidents of national signifi cance (INS) as

“those high-impact events that require a coordinated and

effective response by an appropriate combination of federal,

state, local, tribal, private-sector, and nongovernmental

entities in order to save lives, minimize damage, and provide

the basis for long-term community recovery and mitigation

activities.” All catastrophic incidents are also “incidents of

national signifi cance.”56 DHS bases this defi nition of an INS

on criteria drawn from HSPD-5:57

■ A federal department or agency acting under its own

authority has requested the assistance of the Secretary

of Homeland Security;

■ The resources of state and local authorities are

overwhelmed and federal assistance has been requested

by the appropriate state and local authorities in response

to major disaster declarations under the Stafford Act or

catastrophic incidents (as defi ned by DHS, above);

■ More than one federal department or agency has

become substantially involved in responding to an

incident, for example, in response to credible threats or

warnings of imminent terrorist attacks; and,

■ The President directs the Secretary of Homeland

Security to assume responsibility for managing a

domestic incident.

Managing the federal response to emergencies and disasters and implementing the National Response Plan

To respond to a disaster or a potential situation that is

likely to require a federal response, DHS (on its own

or acting via FEMA) uses existing homeland security

monitoring operations; creates or activates operational

components to manage the federal response; and,

designates one or more offi cials to coordinate. The

operational components DHS uses or which can be

activated (or take on situation-specifi c duties) include

the Homeland Security Operations Center (HSOC),

the Interagency Incident Management Group (IIMG),

a National or Regional Coordination Center (NRCC or

RRCC), Emergency Response Teams (an Advance Element,

ERT-A; and a National team, ERT-N), and, the Joint

Field Offi ce (JFO), which can have one or two high-level

offi cials directing and coordinating the federal response.

Homeland Security Operations Center

The Homeland Security Operations Center, which

represents over 35 agencies, including state and local law

enforcement as well as federal intelligence agencies, is

always in operation. It provides situational awareness,

and monitors conditions in the United States, and, in

conjunction with the DHS Offi ce of Information Analysis,

issues advisories and bulletins concerning specifi c threats

to the nation.58 The HSOC continually monitors potential

major disasters and emergencies and, when such an

event occurs (or is likely) provides primary situational

awareness to the Secretary and the White House.

Depending on the nature of the incident and the response

it demands, the HSOC may activate the Interagency

Incident Management Group (IIMG).59

Interagency Incident Management Group

DHS is supposed to convene the IIMG when it declares

a situation to be an Incident of National Signifi cance.

In addition, DHS should convene the IIMG when

it determines there is a need to do so in response to

incidents such as major disasters, a heightened threat

situation, or, high-profi le, large-scale events that present

All catastrophic incidents are “incidents of national signifi cance.”

38 A FAILURE OF INITIATIVE

high-risk targets, such as National Special Security

Events (NSSEs).60 The IIMG is comprised of senior

representatives from other DHS agencies, other federal

departments and agencies, and non-governmental

organizations, such as the American Red Cross, as

needed. When activated, the IIMG (1) maintains

strategic situational awareness of threat assessments and

ongoing incident-related operations and activities; (2)

provides decision-making support for incident-related

prevention, preparedness, response, and recovery efforts;

(3) synthesizes key intelligence, frames issues, and makes

recommendations with respect to policy, operational

courses of action, and resource allocation; (4) anticipates

evolving federal resource and operational requirements;

and, (5) maintains ongoing coordination with the

Principal Federal Offi cial (PFO) and the Joint Field Offi ce

(JFO) Coordination Group.61

Regional Response Coordination Center, National Response Coordination Center

For most major disasters, incidents, or emergencies, DHS

(via FEMA) establishes a Regional Response Coordination

Center (RRCC) using staff from regional offi ces. The

RRCC coordinates the initial regional and fi eld activities,

such as deployment of advance teams of FEMA and other

agencies’ staff, and implements local federal program

support until a multi-agency coordination center can be

established. Depending on the scope and impact of the

event, DHS (via FEMA) may also establish a National

Response Coordination Center (NRCC) comprised of ESF

representatives and FEMA support staff to carry out initial

activation and mission assignment operations from FEMA

headquarters. The NRCC supports the operations of the

RRCC.62

Emergency Response Team-Advance Element, National Emergency Response Team

FEMA’s Emergency Response Team (ERT) is the

principal interagency group that staffs the multi-agency

coordination center where federal, state, and local offi cials

coordinate and direct response and recovery operations.63

Each FEMA region maintains an ERT ready to deploy

in response to threats or incidents. Before a disaster or

incident (when there is warning) or soon thereafter,

the RRCC typically deploys an Emergency Response

Team-Advance Element (ERT-A) to the affected area(s).

The ERT-A conducts preliminary damage and needs

assessments and begins coordinating with the state as

well as any federal resources that may be part of the initial

deployment. For large-scale, high-impact events

or when FEMA otherwise determines it is needed, FEMA

also deploys a National Emergency Response Team

(ERT-N), which is a national-level fi eld response team.

FEMA currently has 2 ERT-Ns.

Joint Field Offi ce

The Joint Field Offi ce (JFO) is a multiagency coordination

center that FEMA establishes locally to serve as the central

point for coordinating and directing the efforts of the

federal, state, and local offi cials involved in the response

effort.64 Often, FEMA establishes the JFO at the state’s

emergency operations center or other locations from

which the affected state is directing response efforts. For a

Stafford Act emergency or major disaster declaration, the

President must designate a Federal Coordinating Offi cer

(FCO) to direct all federal assistance in the disaster area.65

The Joint Field Offi ce (JFO) is a multiagency coordination center that FEMA establishes locally to serve as the central point for coordinating and directing the efforts of the federal, state, and local offi cials involved in the response effort.

F E

M A

A FAILURE OF INITIATIVE 39

During an incident of national signifi cance, which

may or may not involve a Stafford Act declaration,66 the

Secretary of DHS may designate a Principal Federal Offi cial

(PFO) to act as the secretary’s representative in overseeing

and executing incident management responsibilities.

The FCO is responsible for managing and coordinating

federal assistance in response to declared disasters and

emergencies. The FCO has the authority under the

Stafford Act to request and direct federal agencies to use

their authorities and resources to support or conduct

response and recovery operations. The FCO provides

overall coordination for the federal components of the

JFO and works in partnership and support of the state

offi cials to determine and meet state and local needs for

assistance.67

The PFO is the primary point of contact and source

of situational awareness for the Secretary of DHS for

incidents of national signifi cance. The PFO is expected

to facilitate federal support to the unifi ed command

structure that is set up in conjunction with state and

local offi cials. Also, PFOs coordinate the overall federal

incident management and assistance activities throughout

all of the phases of emergency management—prevention,

preparedness, response, and recovery. In carrying out this

coordination role, the PFO does not have direct authority

over the FCO or other federal and state offi cials.68

The Role of DOD, the National Guard, and the U.S. Coast Guard

The Department of Defense (DOD) makes a distinction

between “homeland security” and “homeland defense”

in defi ning mission responsibilities. Whereas homeland

security refers to a concerted national effort to secure the

homeland from threats and violence, including terrorism,

homeland defense refers to military protection of United

States territory, domestic population, and critical defense

infrastructure against external threats and aggression. In

the context of homeland security, DOD operates only in

support of a civilian-led federal agency, referred to as Civil

Support (CS). In the area of homeland defense (HD),

however, DOD is the lead agency. The Assistant Secretary

of Defense for Homeland Defense (ASDHD) is charged

with leading the Department’s activities in homeland

defense, and serves as DOD’s interagency liaison.69

Under the National Response Plan (NRP)70 and the

recently released DOD Joint Doctrine on Homeland

Security71 Military Support to Civil Authorities (MSCA)

is normally provided only when local, state and other

federal resources are overwhelmed and the Lead Federal

Agency (LFA) responding to an incident or natural disaster

requests assistance. This is a fundamental principle of

DOD’s approach to civil support: “[I]t is generally a

resource of last resort.”72

An exception is in cases of immediate response authority,

a scenario entailing imminently serious conditions

resulting from any civil emergency or attack requiring

immediate action, where local military commanders may

take such actions as necessary to save lives, prevent human

suffering, and mitigate great property damage.73

The federal military role described in the NRP and the

MSCA is apart from National Guard resources available

to governors of affected states. Governors may utilize

their own National Guard units, as well as other National

Guard units made available by state EMAC compacts. In

most circumstances, National Guard troops fall under the

command of the Governor and the state Adjutant General,

and they follow state emergency procedures.

When in state active duty status, the National Guard

remains under the command of the governor, not DOD.

The National Guard can also be “federalized” by the

President to be placed under the command of DOD.

As discussed below, a governor may also seek “Title 32

status” for the National Guard, which leaves the governor

and the state Adjutant General in command, but provides

federal funding and benefi ts.74

Natural disasters and man-made disasters

In the event of a natural disaster or emergency the NRP

stipulates that DOD may be asked to provide assistance

to DHS and FEMA in an attempt to save lives, protect

Military Support to Civil Authorities

Natural Disasters Special Events Manmade Disaster

Severe Weather Olympics CBRNE-CM

Firefi ghting Summits Terroist Incident

Earthquakes World Fair Oil Spill

CBRNE-CM chemical, biological, radiological, nuclear, and high-yield explosives-consequence management

JOINT PUBLICATIONS 3-26 HOMELAND SECURITY

40 A FAILURE OF INITIATIVE

property, and lessen the threat of catastrophe in the

United States. When disasters occur and a military

response is anticipated, DHS/FEMA will request a Defense

Coordinating Offi cer (DCO) to serve as the single DOD

point of contact within the disaster area. The DCO will

be the operational contact to the designated combatant

commander and designated Joint Task Force (JTF)

commander.75

In situations when a disaster is anticipated and DOD

wants to be forward leaning, Northern Command has

designated a DCO prior to a DHS/FEMA request. This

is done informally and is intended to allow the DCO

to integrate into the state emergency operations center

(EOC) as early as possible to begin assessing the needs

of the affected area. This has been done in the absence

of a Presidential directive and before state authorities

have made specifi c requests for DOD support via FEMA.

Additionally, the doctrine of immediate response is a

DOD directive which allows deployment of some DOD

resources prior to receiving formal requests from the lead

federal agency.76

Northern Command

Within the DOD Joint Staff, civil support responsibilities

reside with the Joint Director of Military Support.

Northern Command (NORTHCOM) is the DOD

coordinating command for domestic terrorist and

natural disaster incidents. Northern Command carries

out civil support missions with forces assigned as

required from all the armed services, typically through

the creation of a joint task force.77 NORTHCOM has a

permanently assigned Joint Interagency Coordination

Group, comprised of liaison offi cers from other DOD

components and other federal agencies, including the

Department of Homeland Security.

As discussed above, unless there is specifi c direction

from the President, requests for military assistance must

originate from a lead federal agency. Typically, this falls

to FEMA in natural disasters. Requests are submitted to

the Offi ce of the Secretary of Defense (OSD), where they

are evaluated by the Assistant Secretary of Defense for

Homeland Defense (ASDHD) according to the following

criteria: legality, readiness, lethality, risk, cost, and

appropriateness.78

Once the requests are approved by OSD, they are

forwarded to the Joint Director of Military Support within

the Joint Staff, who in turn provides the appropriate

orders to Northern Command. A Defense Coordinating

Offi cer is designated and deployed to the area of incident.

When the size of the response is of a greater scale, a

joint task force will be created, with the DCO normally

serving as task force commander. The DCO then serves as

the single point of contact for DOD resources, but does

not have operational control of the U.S. Army Corps of

Engineers or National Guard personnel operating in state

active duty or Title 32 status.79

The process for requesting DOD active duty forces

has several layers of review. Requests for DOD assistance

are to be generated at the state level. These go from the

state to FEMA’s Federal Coordinating Offi cer, who in turn

requests assistance from the DCO. The DCO passes these

requests on to the joint task force, which routes it through

NORTHCOM to the Offi ce of the Secretary of Defense

Executive Secretariat, to the Joint Directorate of Military

Support.80

At each stage, the requirement is validated to ensure

that the request can be met and that it is legal to provide

the requested assests. Once vetted, the request is tasked to

the services and coordinated with Joint Forces Command

and forces or resources are then allocated to the joint

task force, which in turn gets the support down to the

user level by way of the DCO. This process is in place

not only to satisfy DOD internal requirements, but to

ensure maximum coordination with both FEMA and state

governments.

National Guard Bureau

The National Guard is the nation’s fi rst military responder

to events within the United States. Governors historically

rely on the Guard to assist civilian authorities during

times of natural or manmade disasters. In particular,

the National Guard is a major asset in responding to

any catastrophic incident within the United States.

The National Guard is a reserve component of the

Departments of the Army and the Air Force, at times,

called in to support federal operations. The National

Guard is also a force for each state, deploying for state

duty status under the control of the governor. Only the

National Guard has the unique dual mission of providing

forces at both the state and federal levels and is the only

service that abides by two oaths-of-offi ce, one to the

governor and one to the President of the United States.81

A FAILURE OF INITIATIVE 41

The governor has command and control of the

National Guard, either in state active duty or Title 32

status, unless units are federalized.82 If federalized under

Title 10, the Guard falls under the command and control

of the President. While on state active duty status, the

Guard’s mission is to serve its state or territory during

times of crisis, disaster, civil disturbance or other threats

to life and property as directed by the governor. They are

funded by state dollars and are entitled to state benefi ts

and compensation. Under Title 32 status, the National

Guard is trained and resourced to support federal war-

fi ghting operations, yet remains under control of the

governor, while supported by federal funds with Secretary

of Defense approval.83

During Hurricane Katrina, the governors of Alabama,

Mississippi, and Louisiana requested that all National

Guard forces deployed to their states operate under

Title 32 status. This request was granted retroactively to

August 29 by the Secretary of Defense. Under Title 32, the

governors were in command of all National Guard assets

and actions during Hurricane Katrina.84

The National Guard may also be called up by a

governor at his or her own initiative, paid by the state,

to respond to a state emergency or protect state facilities.

Many states do not have the fi scal resources to use the

National Guard extensively in this manner.

The National Guard Bureau (NGB) is the home of

the leadership of the National Guard, headed by a Chief,

who is supported by the Director of Army National Guard

and the Director of the Air National Guard.85 These

positions, fi lled by military Guard personnel, are Title 10

positions. The current chief of the National Guard Bureau

is Lieutenant General H Steven Blum, and although he is

the senior Guard offi cer, he does not command National

Guard forces. Lieutenant General Daniel James, III is the

Director of the Air National Guard and Lieutenant General

Clyde A. Vaughn is Director of the Army National Guard.

Under the National Response Plan, the role of

the National Guard Bureau is not defi ned. However,

in roughly 50 percent of the states and territories,

the Adjutant General also serves as the state’s senior

emergency management offi cial, responsible for

coordinating and integrating all response agencies.86 The

National Guard Bureau and the National Guard of the

individual states and territories work on a daily basis

with local, state, and federal civilian agencies in various

communities in all of the states and territories.

United States Coast Guard

The Coast Guard is a

military, multi-mission,

maritime service within

the Department of

Homeland Security and

one of the nation’s fi ve

armed services. Since its founding as the Revenue Cutter

Service in 1790, the Coast Guard has provided maritime

safety and security capabilities, and is renowned worldwide

for it search and rescue (SAR) capabilities, whether near the

shore or hundreds of miles at sea. Title 14 of the United

States Code requires the Coast Guard to develop, establish,

maintain and operate rescue facilities for the promotion of

safety on, under and over the high seas and waters subject

to the jurisdiction of the United States.

Additionally, with the passage of the Maritime

Transportation Security Act (MTSA) in 2002, the Coast

Guard was given added responsibilities for the enforcement

of port safety, security, and marine environmental

regulations including the protection and security of vessels,

harbors, and waterfront facilities, deepwater ports and

waterways safety.87

The Coast Guard has a longstanding history in the

Gulf of Mexico region. The current Eighth Coast Guard

District, headquartered in New Orleans, covers all or part

of 26 states throughout the Gulf coast and heartland of

America. It stretches from the Appalachian Mountains and

Chattahoochee River in the east to the Rocky Mountains

in the west, and from the U.S.-Mexico border and the Gulf

of Mexico to the Canadian border in North Dakota, which

F E

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O A

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G U

A R

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42 A FAILURE OF INITIATIVE

includes 15,490 miles of coastline and 10,300 miles of

inland navigable waterways.88

Within the Coast Guard’s District boundaries, the

operational Coast Guard is organized into Sectors which

oversee response, prevention, and logistics units, and

coordinate Coast Guard operations within the Sector’s

geographic boundaries. The areas most affected by

Hurricane Katrina are those that fall within the boundaries

of Sector New Orleans and Sector Mobile, Alabama.

Private authorities and capabilities — role of the American Red Cross

The American Red Cross (Red Cross) is the only

nongovernmental organization with lead agency

responsibilities under the NRP. The Red Cross is an

independent, non-governmental organization (NGO)89

that operates as a nonprofi t, tax-exempt, charitable

institution pursuant to a charter granted by the United

States Congress.90 It has the legal status of a “federal

instrumentality” due to its charter requirements to carry

out responsibilities delegated by the federal government.

Among those responsibilities are:

to perform all duties incumbent upon a national

society in accordance with the spirit and

conditions of the Geneva Conventions to which

the United States is a signatory, to provide family

communications and other forms of assistance to

members of the U.S. military, and to maintain a

system of domestic and international disaster relief,

including mandated responsibilities under the

Federal Response Plan coordinated by the Federal

Emergency Management Agency (FEMA).91

The Red Cross is not a federal agency, nor does it

receive federal funding on a regular basis to carry out

its services and programs.92 It receives fi nancial support

from voluntary public contributions and from cost-

recovery charges for some services.93 Its stated mission is

to “provide relief to victims of disasters and help people

prevent, prepare for, and respond to emergencies.”94

To meet its mandated responsibilities under the NRP,

the Red Cross functions as an ESF primary organization

in coordinating the use of mass care resources in a

presidentially declared disaster or emergency.95 As the

lead agency for ESF #6, dealing with Mass Care, Housing

and Human Services, the Red Cross assumes the role

of providing food, shelter, emergency fi rst aid, disaster

welfare information and bulk distribution of emergency

relief items.96 ESF #6 includes three primary functions:

Mass Care, Housing, and Human Services:97

■ Mass Care involves the coordination of nonmedical

care services to include sheltering of victims, organizing

feeding operations, providing emergency fi rst aid at

designated sites, collecting and providing information

on victims to family members, and coordinating bulk

distribution of emergency relief items.

■ Housing involves the provision of assistance for short-

and long-term housing needs of victims.

■ Human Services include providing victim-related

recovery efforts such as counseling, identifying support

for persons with special needs, expediting processing

of new Federal benefi ts claims, assisting in collecting

crime victim compensation for acts of terrorism, and

expediting mail services in affected areas.

Function 1: Mass Care

■ The NRP describes the Mass Care function as comprised

of six elements: coordination, shelter, feeding,

emergency fi rst aid, Disaster Welfare Information

(“DWI”), and bulk distribution.98

■ The coordination element relates to assisting victims

obtain various forms of available federal assistance, as

well as gathering information about shelters and food

kitchens for victims.

■ The shelter element includes the use of pre-identifi ed

shelters, creating temporary facilities capable of

housing victims, and coordination of obtaining shelters

outside of the immediate incident area.

■ The feeding element includes a variety of food

distribution sites, from mobile food carts, to kitchens,

to bulk distribution of food.

■ The emergency fi rst-aid element consists of assisting

victims with the most basic fi rst-aid needs, as well as,

coordinating the referral of victims to local hospitals,

if needed, and other appropriate medical treatment

options.

■ The Disaster Welfare Information (“DWI”) element

provides for family connectedness services. It aims

A FAILURE OF INITIATIVE 43

to re-connect families displaced or separated by the

incident, as well as assist victims of the incident to

connect with family or friends located outside the area

of the incident.

■ The bulk distribution element provides emergency relief

items, principally ice, water and food, at specifi c sites

to meet the urgent needs of victims within the affected

area.

Function 2: Housing

The housing function addresses both the short and long-

term housing needs of victims affected by an incident.99

It is effectuated through programs designed to meet the

individualized needs of victims and includes a variety

of options, including provision of temporary housing,

rental assistance, or fi nancial assistance for the repair or

replacement of original residences.

Function 3: Human Services

The human services function implements programs and

services to assist victims restore their livelihoods.100 It

acts as a broad-based, multipurpose effort to support

divergent needs such as re-routing of mail, assistance with

processing federal benefi ts-related paperwork, assuring

the provision of necessary mental health services, and

providing other important, sometimes victim-specifi c

services. The wide range of services may include support

for victims with disabilities and victims who do not speak

English.

With its shelters, feeding kitchens, and blood

distribution capabilities, the Red Cross has long played

an important role in assisting those affected by natural

disasters — especially hurricanes. Due to the frequency

of hurricanes in the United States, the Red Cross has

developed an expertise in deploying its resources

and operational capabilities to help those affected by

hurricanes. In its 23-page Tropical Storm and Hurricane

Action Plan, (“Hurricane Plan”) the Red Cross outlines

its systematic approach to preparing for and responding

to tropical storms and hurricanes.101 “The objective of

this plan is to enable the Red Cross to be ready to deliver

immediate services and assistance needed by those

threatened and affected by such storms at an appropriate

scope and scale,” the report says.102

Additionally, as the NRP-model to disaster planning

takes shape, the Red Cross’ preparation regime is being

bolstered with a Standard Operating Procedure Document

for ESF #6.103 Although not formally adopted and still in

the draft stage, the document identifi es the procedures,

protocols, information fl ows and organizational

relationships for the activation, implementation and

operation of the Red Cross’ responsibilities under ESF #6.

There is also an interim Shelter Operations Management

Tool Kit, which provides Red Cross chapters and shelter

managers with resources to plan, open, operate, and close

shelters.104

Adhering to the concept of all disasters being local,

the Red Cross relies on its fi eld chapters to act as fi rst

responders in opening shelters and providing for the

feeding of those in need.105 The fi rst 48 hours of a disaster

are usually handled by the local Red Cross chapters,

and thereafter by national-level support, as both the

federal government (FEMA), and the Red Cross National

Headquarters, begin to reach the affected area.106 The

national Red Cross is structured to provide relief (mostly

shelter and feeding) from days two through 30 of a

disaster.107 The local chapter ultimately is supported by its

service area, of which there are eight in the United States,

followed by support from the National Headquarters in

Washington, D.C.108

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44 A FAILURE OF INITIATIVE

For disasters such as hurricanes, the Red Cross’ actions

prior to landfall typically begin with activating the

chapter response plans in all of the areas threatened by

the storm.109 Simultaneously, the jurisdictional service

areas move into the Service Area Major Disaster Response

Structure (“Disaster Response Structure”). At this time

the service areas establish their contacts with the affected

state’s emergency operations center (“EOC”). This often

involves positioning a Red Cross offi cial at the state EOC.

The service area then begins deploying resources to the

threatened areas as called for under the chapters’ planning

requirements. Also, at this pre-landfall time, a disaster

relief operations headquarters is established.110

During the pre-landfall stage, the local chapter is to

focus on several key activities: sheltering, feeding, public

information, fundraising and maintaining contact with

government offi cials, specifi cally emergency management

offi cials.111 While the chapter response operation is

arming itself with the necessary resources, the service

areas shift into their Disaster Response Structure. The

service area personnel are responsible for implementing

the necessary facility arrangements so that storm victims

can be sheltered and fed. The service area also deploys

additional personnel to the chapter regions. Once the

Disaster Response Structure is opened, the national

headquarters shifts its Disaster Operations Center into

hurricane response mode.112 At this point, personnel

from Headquarters’ Preparedness and Response division

are able to monitor developments and deploy additional

resources as necessary.

Following landfall of a hurricane, the affected

chapters continue their focus on the key activities of

sheltering, feeding, disaster assessment, providing public

information and liaising with government offi cials.113

After the shelters and feeding kitchens are opened, the

chapters expand their role to include bulk distribution

of supplies. Supplies include toiletries packages, clothing

and blankets, and as the storm passes, clean-up supply

packs, including mops, rakes, trash bags, and cleaning

supplies to assist storm victims clean their residences and

neighborhoods.114

As the impact of the disaster becomes better

understood, a Disaster Relief Operation Headquarters is

established in the region. The operations headquarters is

activated, meaning operational oversight and direction

of Red Cross relief activities is transferred to the on-site

headquarters.115 As the disaster headquarters staffs up, the

service area’s role decreases.

Outside of the affected region, other service areas

and the national headquarters remain poised to assist

as necessary. The main opportunities for other service

areas involve shifting resources, such as cots, blankets,

and other warehoused supplies, to the affected region.

Personnel at national headquarters monitor events in the

fi eld and leverage relationships with national agreements

with suppliers, partner groups and agencies.116

Service area major Disaster Response Structure

Upon the approach of a threatening hurricane, “the

service area reconfi gures its structure, priorities and actions

to provide support, guidance and resource assistance

to its threatened chapters.”117 The Disaster Response

Structure, led by a response manager, is comprised of four

departments or cells. These are the planning cell, forward

headquarters cell, information and resource management

cell, and the service area response operations.118

Planning cell

The planning cell is focused on ensuring adequate services

and logistics support. “The planning cell develops an

anticipated service delivery plan and deploys the forward

headquarters cell, which enables the relief operation to

begin service delivery immediately after the storm makes

landfall.”119 The planning cell is tasked with determining

the necessary scope of Red Cross service delivery, an

estimated budget and the estimated length of time needed

to serve the affected area.120 The planning cell is the heart

of decision making as it relates to what people need,

where they need it, and, based on a damage assessment,

how long will services be necessary.

Response manager

The response manager oversees the disaster response.

The manager’s responsibilities include ensuring adequate

levels of staffi ng throughout the response organization,

conducting staff meetings with the Disaster Response

team, leading conference calls with the affected

chapters, ensuring that adequate reports are compiled

for coordination with state and federal emergency

A FAILURE OF INITIATIVE 45

management offi cials, and assuring the suffi cient

movement of assets, both human and material, to the

affected region.121

Forward headquarters cell

The forward headquarters cell is “the deployed unit of the

planning cell.”122 Its most important task is to establish

a relief operation headquarters and to receive Red Cross

personnel, both paid Red Cross employees and volunteers,

and material resources.123 Essentially this group serves as

the advance team prior to the opening of a headquarters

operation near the affected area.

Information and resource management cell

The information and resource management cell is a

tactical team that concentrates on gathering information

and supporting the local chapters in the evacuation

of people.124 While the Red Cross does not physically

transport evacuees, it is often the recipient of a large

percentage of evacuees, as shelters are established. This

group establishes reporting requirements, coordinates

data gathering (such as shelter tallies), monitors the

inbound fl ow of resources to shelters, helps acquire

vehicles, and handles all issues related to the immediate

deployment of resources, including maintaining computer

systems, managing supply warehouses, and ensuring all

invoices are properly processed.125

Service area response operations

The day-to-day paid operations staff of the service area

coordinate fundraising and communications and provide

the institutional knowledge of the affected area.126

Armed with the right data, and knowledge of the area,

the information and resources management cell can help

provide essential services to those in need.127

State, local, and private authorities and capabilities

Typical local and state emergency management responsibilities

Whether the response is coming from local or state

offi cials—or both—most emergency management

agencies and government plans assume it may take 24

to 72 hours to get assistance to individuals, particularly

those who remain in affected areas. Consequently,

successful emergency management can, in part, depend

on individuals’ willingness to evacuate to places where

more immediate assistance may be available (when time

and circumstances permit) and/or their preparedness

to survive independently for the 24 to 72 hours that

responders expect it will take to fi rst deliver assistance.

Nonetheless, as discussed elsewhere in this report,

primary responsibility for the fi rst response to any

potential or imminent incident or disaster begins —

and often stays — at the local and state levels. In most

situations, emergency management in the U.S. envisions

a process of escalation up from the local level as incidents

grow or as it becomes known that an incident has

overwhelmed local and state capabilities.128

Local emergency management

First responders — local fi re, police, and emergency

medical personnel who respond to all manner of

incidents such as earthquakes, storms, and fl oods —

have the lead responsibility for carrying out emergency

management efforts. Their role is to prevent, protect

against, respond to, and assist in the recovery from

emergencies, including natural disasters. Typically, fi rst

responders are trained and equipped to arrive fi rst at

the scene of an incident and take action immediately,

including entering the scene, setting up a command

center, evacuating those at the scene, tending to the

injured, redirecting traffi c, and removing debris.129

In most situations, emergency management in the U.S. envisions a process of escalation up from the local level as incidents grow or as it becomes known that an incident has overwhelmed local and state capabilities.

46 A FAILURE OF INITIATIVE

Local governments — cities, towns, counties or parishes

— and the offi cials who lead them are responsible for

developing the emergency operations and response

plans by which their communities respond to disasters

and other emergencies, including terrorist attacks. Local

emergency management directors are also generally

responsible for providing training to prepare for disaster

response and they seek assistance from their state

emergency management agencies when the situation

exceeds or exhausts local capabilities.130 In many states,

they may also negotiate and enter into mutual aid

agreements with other jurisdictions to share resources

when, for example, nearby jurisdictions are unaffected by

the emergency and are able to provide some assistance.131

Particularly relevant to the preparation for Hurricane

Katrina, local offi cials have signifi cant responsibilities for

either setting evacuation laws and policies or working

with their state government to enforce state laws

pertaining to evacuations.132 According to the National

Response Plan, depending on the terms of the state or

local laws, local offi cials have “extraordinary powers” to,

among other things, order evacuations. In addition, local

offi cials may suspend local laws and order curfews.133

State emergency management

As the state’s chief executive, the governor is responsible

for the public safety and welfare of the state’s citizens

and generally has wide-ranging emergency management

responsibilities, including requesting federal assistance

when it becomes clear the state’s capabilities will be

insuffi cient or have been exhausted. Governors are

responsible for coordinating state resources to address the

full range of actions necessary to prevent, prepare for, and

respond to incidents such as natural disasters.

Upon their declaration of an emergency or disaster,

governors typically assume a variety of emergency powers,

including authority to control access to an affected area

and provide temporary shelter. Also, in most cases, states

generally authorize their governors to order and enforce

the evacuation of residents in disaster and emergency

situations. The federal government generally defers to the

states to enact laws dealing with evacuation, with local

offi cials—as mentioned earlier—typically responsible for

working with state offi cials to enforce those laws.134

Governors also serve as the commanders-in-chief of their

state military forces,135 specifi cally, the National Guard

when in state active duty or Title 32 status.136 In state active

duty — to which governors can call the Guard in response

to disasters and other emergencies — National Guard

personnel operate under the control of the governor, are

paid according to state law, and can perform typical disaster

relief tasks, such as search and rescue, debris removal,

and law enforcement. Most governors have the authority

to implement mutual aid agreements with other states

to share resources with one another during disasters or

emergencies when, for example, others (particularly nearby

states) are unaffected by the emergency and able to provide

assistance.137 Most states request and provide this assistance

through the EMAC.

State emergency management agencies —reporting to

their respective governors — have primary responsibility for

their states’ disaster mitigation, preparedness, response, and

recovery activities. These agencies typically coordinate with

other state agencies as well as local emergency response

departments to plan for and respond to potential or

imminent disasters or emergencies. Among other things,

state emergency management agencies are responsible for

developing state emergency response plans, administering

federal grant funding, and, coordinating with local and

federal agencies to provide training and other emergency

response-related activities.138 Some states, such as Louisiana

and Mississippi, spell out specifi c tasks or preparatory steps

emergency management agencies must take to meet their

responsibilities.

For example, Louisiana requires that its Offi ce of

Homeland Security and Emergency Preparedness

determine requirements for food, clothing, and other

necessities and procure and pre-position these supplies

in the event of an emergency.139 Similarly, Mississippi

requires its emergency management agency to determine

needs for equipment and supplies and plan and procure

those items as well.140

Governors are responsible for coordinating state resources to address the full range of actions necessary to prevent, prepare for, and respond to incidents such as natural disasters.

A FAILURE OF INITIATIVE 47

Specifi c state and local emergency management and homeland security laws and roles and responsibilities—Alabama, Mississippi, Louisiana, and the city of New Orleans

Alabama

Governing statutes

Two Alabama statutes address how the state prepares for

and responds to emergencies and disasters: the Alabama

Emergency Management Act of 1955 (EMA) and the

Alabama Homeland Security Act of 2003 (HSA). The EMA

authorizes the state to prepare for and manage disasters

and emergencies. It also authorizes the state to make

grants to local governments to assist their emergency

management activities and improve preparedness. The

HSA established a state Department of Homeland Security

(and other entities) to coordinate and undertake state

homeland security preparedness, planning, and response

activities.141

Roles and responsibilities

State documents detail the specifi c options and steps

available to the chief executive, including an analysis of

gubernatorial prerogatives, including:142

First and foremost, the

governor must understand

and accept the fact that

he/she is the primary person

responsible for response and

crisis management within

his/her state. All citizens

look to their governor

as the person ultimately

responsible. That is not to

take away from the local responsibility of mayors,

city councils, and county commissions, but, in truth

and fact, “the buck stops at the governor.” Secondly,

although the governor must be the leader of his/her

state, the governor must also be prepared to delegate.

This statement may seem rather simplistic since every

governor in the United States is confronted with so

many governmental and administrative decisions,

on a daily basis, that they obviously need to be

able to delegate. On the other hand, in the case of

an emergency catastrophe situation, the number

of issues that arise are exponentially greater than

ordinary day-to-day issues of government, they are

unusual, sometimes technical in nature, they require

instantaneous decisions, as opposed to general

governmental issues which commonly allow for

consideration and even collaboration among advisors

and affected entities. In these regards, in order to

delegate, it is extremely important that the governor

has surrounded himself/herself with an outstanding

group of cabinet offi cials who are not only qualifi ed

but who are both qualifi ed and capable of responding

in emergency situations. This is most particularly true

of the adjutant general of the state’s National Guard,

the director of the state’s Department of Homeland

Security, and the offi ce of the director of the state’s

offi ce of Emergency Management. Obviously each of

these positions is a key appointment for every governor,

but when confronted with a catastrophic emergency,

the importance of the quality and qualifi cations

of the persons holding these positions becomes

extraordinarily important. Thirdly, an emergency

operations center and a communications system

which are capable of and designed to operate under

emergency conditions become a key element of the

governor’s ability to communicate, manage, and lead

through the crisis. Finally, there must be pre-planning

(“emergency operations plan”) that sets out clearly

policies, procedures, and responsibilities that will be

required to meet all known emergency catastrophe

situations. These must be coordinated with local

emergency management offi cials and local government

offi cials.143

Consistent with the National Response Plan and

the practices of other states, in Alabama responsibility

for emergency preparedness and response begins at

the local level and escalates as the emergency exceeds

the capabilities of each level of government. The

state’s Emergency Operations Plan (EOP) spells this

out, specifying that, “When a disaster is imminent

or has occurred, local governments have the primary

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48 A FAILURE OF INITIATIVE

responsibility and will respond to preserve life and

property. . . . When disaster conditions appear likely to

exceed the combined capabilities of a local jurisdiction

and mutual aid compact signatories, local governments

will request the support of the state.… If the capabilities

(fi nancial or operational) of state government are

exceeded, the governor can request federal disaster

emergency assistance.”144

Alabama’s statutes authorize and direct local

governments to establish emergency management

organizations (agencies), appoint directors for these

organizations, and confer police offi cer powers on

their offi cials. In addition, local directors of emergency

management may develop mutual aid agreements with

public or private agencies (such as nearby counties)

for emergency aid and assistance during disasters and

emergencies.145 These local directors and some of their

personnel must, if they choose to receive state funding,

meet state-set performance and competence standards for

their positions.146

Alabama’s statutes outline specifi c responsibilities of

the state’s Emergency Management Agency as well as its

Department of Homeland Security. The state EMA has

overall responsibility for preparing for and managing

disasters and emergencies. Its director is appointed by

the governor and also serves as an assistant director for

the state’s Department of Homeland Security.147 To meet

its obligations, the state EMA promulgates a statewide

Emergency Operations Plan with policy and guidance for

state and local disaster mitigation, preparedness, response,

and recovery operations.148 The plan also outlines state

and local government responsibilities in relation to federal

disaster assistance programs under the Stafford Act.149

Alabama’s Director of Homeland Security, also

appointed by the governor, heads the state’s Department

of Homeland Security and has overall responsibility for

the state’s homeland security preparedness and response

activities. Specifi c state Department of Homeland Security

responsibilities include: receiving and disseminating

federal intelligence; planning and executing simulations;

ensuring cooperation among public offi cials and the

private sector; coordinating receipt and distribution

of homeland security funding; and coordinating state

strategy and standards for homeland security efforts.150

Mississippi

Governing statutes

The Mississippi Emergency Management Law outlines the

specifi c responsibilities of key state entities and emergency

responders and provides for the coordination of emergency

preparedness, response, recovery and mitigation activities

among state agencies, local and federal governments, and

the private sector.151 The law establishes the Mississippi

Emergency Management Agency (MEMA); confers

emergency powers on the governor, MEMA, municipal and

county governments; and, authorizes the establishment of

the Mississippi Emergency Operations Plan (MEOP).152

Roles and responsibilities

Consistent with the National Response Plan and the

practices of other states, in Mississippi responsibility

for emergency preparedness and response begins at the

local level and escalates as the emergency exceeds the

capabilities of each level of government. Among other

things, Mississippi’s governing statute spells out that

“state policy for responding to disasters is to support local

emergency response efforts,” but it also recognizes that

catastrophic disasters can overwhelm local resources and

that, as a result, the state “must be capable of providing

effective, coordinated, and timely support to communities

and the public.”153

The state’s statute authorizes (but does not direct)

counties and municipalities to create emergency

management organizations, which are in turn authorized

to do the various things necessary to handle emergency

management functions in a disaster.154 Local governments

are also authorized to enter into mutual aid agreements

within the state (for example, with nearby counties)

for emergency aid and assistance during disasters and

emergencies.155 If a disaster or emergency “exceeds the

capability of local resources and personnel, state resources

may be made available through coordination” with

MEMA. Local authorities are mandated to “recognize

the severity and magnitude” of the emergency by (1)

declaring a local emergency, (2) utilizing the localities

own resources and (3) designating one capable person to

make requests to MEMA for additional resources.156

A FAILURE OF INITIATIVE 49

The governor of Mississippi is

granted broad powers to deal with

a natural disaster and may assume

direct operational control over

all state emergency management

functions.157 For example,

the governor is authorized to

“determine needs for food,

clothing or other necessities in

the event of attack, natural, man-made or technological

disasters and to procure supplies, medicines, materials,

and equipment.” As commander-in-chief of the state

militia, the governor may order the Mississippi National

Guard into active state service.158

The MEMA director, appointed by the governor,

is responsible for, among other things: working with

the governor to prepare and implement an emergency

management plan that is coordinated with federal and

state plans to the fullest extent possible; adopting standards

and requirements for local emergency management plans;

determining needs for equipment and supplies; planning

for and procuring supplies, medicine and equipment; and,

assisting political subdivisions with the creation of urban

search and rescue teams. In addition, the MEMA director

is authorized to create mobile support units to reinforce

disaster organizations in stricken areas. MEMA’s director

also serves as a liaison to the emergency management

agencies of other states and the federal government.159

Louisiana

Governing statutes

The Louisiana Homeland Security and Emergency

Assistance and Disaster Act outlines the specifi c

responsibilities of key state entities and emergency

responders and provides for the coordination of activities

among state agencies and local and federal governments.

The law establishes the Louisiana Offi ce of Homeland

Security and Emergency Preparedness (LOHSEP), confers

emergency powers on the governor and parish and

municipal governments, and requires the establishment of

the Louisiana Emergency Management Plan (EOP).160

Roles and responsibilities

In Louisiana, parish and municipal governments’

chief executives by law have overall responsibility for

the direction and control of emergency and disaster

operations and are assisted by a local homeland

security and emergency preparedness director.161

Their responsibilities include the development and

implementation of emergency management programs to

provide for rapid and effective action to “direct, mobilize,

staff, train and coordinate use of local resources.”162

Louisiana’s governor has overall responsibility for

emergency management in the state and is assisted in

these duties by the LOHSEP director in meeting dangers

to the state and people presented by

emergencies or disasters. The governor

is authorized, for example, to declare a

disaster or emergency if he or she fi nds

that one has occurred (or the threat is

imminent) and coordinate delivery of all

emergency services (public, volunteer,

and private) during a natural disaster.163

By making a disaster or emergency

declaration, the governor activates the

state’s emergency response and recovery program (which

is under the command of the LOHSEP director). This

authorizes the governor to, among other things: (1) utilize

all available resources of the state government and of each

political subdivision of the state as reasonably necessary

to cope with the disaster or emergency; (2) direct and

compel the evacuation of all or part of the population

from any stricken or threatened areas within the state if

deemed necessary for the preservation of life; and, (3)

prescribe routes, modes of transportation, and destination

in connection with evacuation.164

The LOHSEP, within the Military Department and

under the authority of the governor and the adjutant

general, is responsible for emergency preparedness

and homeland security in the state.165 The LOHSEP

prepares and maintains a homeland security and state

emergency operations plan (EOP), which establishes

the policies and structure for the state’s management of

emergencies and disasters. The EOP prescribes the phases

of emergencies and disasters—preparedness, response,

recovery and prevention (mitigation)—and outlines the

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50 A FAILURE OF INITIATIVE

roles and responsibilities of the state’s Emergency Support

Functions (ESFs), which mirror those in the National

Response Plan. The EOP is an all-hazards plan, assigning

responsibilities for actions the state will take to provide

for the safety and welfare of its citizens against the threat

of natural and man-made emergencies and disasters. The

EOP is designed to coordinate closely with the federal

National Response Plan as well as parish Emergency

Operations Plans.166

New Orleans

The City of New Orleans

Comprehensive Emergency

Management Plan (“New Orleans

Plan”) is consistent with the

State of Louisiana Emergency

Management Plan. The plan

refl ects the principle that “City

government bears the initial

responsibility for disaster response

and relief.”167 It is therefore the Mayor of the City of

New Orleans who must initiate, execute, and direct the

operations during any emergency or disaster affecting the

City of New Orleans.168

According to the New Orleans Plan, “[i]f it becomes

clearly evident that local resources are inadequate to

fully manage the effects of an emergency or disaster, the

Mayor may request state and/or federal assistance through

[LOHSEP].169 The New Orleans Offi ce of Emergency

Preparedness (“NOOEP”) will coordinate with the

LOHSEP to assure the most effective management of such

assistance.”170

The plan also says, “The authority to order the

evacuation of residents threatened by an approaching

hurricane is conferred to the Governor by Louisiana

statute.”171 But this power “is also delegated to each

political subdivision of the State by Executive Order.”172

“This authority empowers the chief elected offi cial of

New Orleans, the Mayor of New Orleans, to order the

evacuation of the parish residents threatened by an

approaching hurricane,”173 according to the plan.

For example, New Orleans Mayor Ray Nagin,

according to the plan, is responsible for giving the

order for a mandatory evacuation and supervising the

actual evacuation of the population. The city’s Offi ce of

Emergency Preparedness “must coordinate with the state

on elements of evacuation” and “assist in directing the

transportation of evacuees to staging areas.”174

The New Orleans Plan states, “The safe evacuation of

threatened populations . . . is one of the principle reasons

for developing a Comprehensive Emergency Management

Plan.”175 The city’s evacuation plan states, “The city of

New Orleans will utilize all available resources to quickly

and safely evacuate threatened areas.”176

The plan also directs “[s]pecial arrangements will be

made to evacuate persons unable to transport themselves

or who require specifi c life saving assistance. Additional

personnel will be recruited to assist in evacuation

procedures as needed.”177 The evacuation plan further

warns that “[i]f an evacuation order is issued without the

mechanisms needed to disseminate the information to

the affected persons, then we face the possibility of having

large numbers of people either stranded and left to the

mercy of the storm, or left in areas impacted by toxic

materials.” 178

Threats and vulnerabilities related to hurricanes

General threats — frequency of hurricanes and vulnerable coastal areas in the U.S.

Hurricanes threaten the United States, particularly the

coastal areas along the Gulf of Mexico and Atlantic

Ocean, virtually every year. While Florida is the state

most frequently hit, other states — particularly Texas,

Louisiana, and North Carolina — have frequently been

struck by hurricanes, according to the records of the

National Hurricane Center (NHC).179 The coastal areas of

these and other states are among the most vulnerable to

storm surge, which carries the greatest potential for loss of

life in a hurricane. Storm surge is the water that swirling

hurricane force winds push toward the shore as the storm

advances. Combined with normal tides, this can increase

the average water level by 15 feet or more.180

Flooding is also a serious threat to lives and property in

a hurricane. The NHC reports that, although storm surge

has the greatest potential to take lives, in the last 30 years,

more people have died from hurricane-induced inland

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fl ooding.181 Tornadoes can also add to the destructive

power of a hurricane. While not all hurricanes

produce them, according to the NHC, studies have

shown that more than half of the hurricanes that

reach landfall produce at least one tornado.

Specifi c vulnerabilities of New Orleans— inherent vulnerability to fl ooding

Metropolitan New Orleans is built on subsiding

swampland on the delta of the Mississippi River,

which makes the city inherently vulnerable to

fl ooding.182 The City of New Orleans is shaped like

a bowl, with an average elevation of 6 feet below sea

level.183 Some elevations are as high as 12 feet above

sea level, and some elevation are as low as 9 feet

below sea level.184 The Mississippi River, which fl ows

through the middle of New Orleans, is on average

14 feet above sea level, and Lake Pontchartrain, which

establishes the northern border of New Orleans, is on

average one foot above sea level.185

New Orleans and its surrounding areas have

experienced numerous fl oods from both the Mississippi

River and hurricanes.186 A major fl ood on the Mississippi

River completely inundated New Orleans in 1927, and

others following severe rainstorms damaged parts of

the city in 1979 and 1995.187 Several hurricanes have

hit New Orleans, including Hurricane Betsy in 1965,

Hurricane Camille in 1969, Hurricane Georges in

1998, and Hurricane Lilli in 2002.188 The greatest threat

from hurricanes is not wind, but storm-surge, which

accounts for most of the damage and deaths caused by

hurricanes.189

Levees designed, built to address vulnerabilities

After Hurricane Betsy in 1965, federal and state

governments proposed a number of fl ood control projects

to deal with the threat of hurricanes and the fl ooding

they might cause in New Orleans.190 These included

a series of control structures, concrete fl oodwalls, and

levees along Lake Pontchartrain and several other

waterways.191 One of the major projects is formally called

the Lake Pontchartrain and Vicinity, Louisiana Hurricane

Protection Project.192 This project included levees along

the Lake Pontchartrain lakefront, the 17th Street Canal,

the London Avenue Canal, the Orleans Avenue Canal, the

Intercoastal waterway, the Industrial Canal, the Mississippi

River Gulf Outlet, and others.193 Although the project was

federally authorized, it was a joint federal, state, and local

effort with shared costs.194

52 A FAILURE OF INITIATIVE

1 Exec. Order 12148, 44 Fed. Reg. 43239, 3 C.F.R. at 412, (1979 Comp.). 2 See Keith Bea, Cong. Res. Serv., Order No. RL 33064, Organization and Mission of the Emergency Preparedness and Response Directorate: Issues and

Options for the 109th Congress, App. B: Evolution of Federal Emergency Authorities (Sept. 7, 2005) [hereinafter Bea, Organizational Mission]. 3 See Id. at App. B; U.S. Gov’t Accountability Off., Pub. No. GAO/T-RCED-93-46, Disaster Management: Recent Disasters Demonstrate the Need to

Improve the Nation’s Response Strategy (May 25, 1993) [hereinafter GAO, Recent Disasters]. 4 See Keith Bea, Cong. Res. Serv., Order No. RL 31670, Transfer of FEMA to the Department of Homeland Security: Issues for Congressional Oversight,

App. A: Summary of FEMA Authorities (Dec. 17, 2002) [hereinafter Bea, Transfer of FEMA]. 5 See U.S. Gov’t Accountability Off., Pub. No. GAO/RCED-93-186, Disaster Management: Improving the Nation’s Response to Catastrophic Disasters

(July 23, 1993) [hereinafter Bea, Disaster Management]. 6 See Bea, Transfer of FEMA; GAO, Disaster Management. 7 Homeland Security Act of 2002, Pub. L. No. 107-296, Title V, 116 Stat. 2135 (2002). 8 See Bea, Organization and Mission; Federal Emergency Mgmt. Agency [hereinafter FEMA], News Release, National Disaster Medical System (Apr.

21, 2004) available at http://www.fema.gov/news/newsrelease.fema?id=11927 (last visited Jan. 21, 2006). 9 See Bea, Transfer of FEMA. 10 See FEMA, A Guide to the Disaster Declaration Process (undated) available at http://www.fema.gov/pdf/rrr/dec_proc.pdf (last visited Jan. 21,

2006). 11 Interviews by Select Comm. Staff with City of New Orleans offi cials in New Orleans, LA (Nov. 3-10, 2005) [hereinafter Select Comm. New

Orleans Interviews]. 12 See Elizabeth B. Bazan, Cong. Res. Serv., Order No. RL 33090, Robert T. Stafford Disaster Relief and Emergency Assistance Act: Legal Requirements

for Federal and State Roles in Declarations of an Emergency or a Major Disaster (Sept. 16, 2005). 13 Select Comm. New Orleans Interviews. 14 Keith Bea, Cong. Res. Serv., Order No. RS 21227, The Emergency Management Assistance Compact (EMAC): An Overview, 2 (Feb. 4, 2005). 15 See Id. at 1-5. 16 See Id. at 1-2.; http://www.emacweb.org (last visited Jan. 21, 2006). 17 Robert T. Stafford Disaster Relief and Emergency Assistance Act [hereinafter Stafford Act] 42 U.S.C. § 5122(1) (2005). 18 See FEMA, The Disaster Process and Disaster Aid Programs, (Apr. 4, 2005) available at http://www.fema.gov/library/dproc.shtm (last visited Jan.

22, 2006) [hereinafter, FEMA, Disaster Process]. 19 Keith Bea, Cong. Res. Serv., Order No. RL 33053, Federal Stafford Act Disaster Assistance: Presidential Declarations, Eligible Activities, and Funding,

3-4 (Sept. 27, 2005). 20 See FEMA, Disaster Process (FEMA allows that, when an obviously severe or catastrophic event occurs, Governors may request a major disaster

declaration prior to conducting a damage assessment). 21 See FEMA, Disaster Process (Specifi cally, FEMA provides three categories of disaster assistance: (1) individual assistance; (2) public assistance;

and (3) hazard mitigation assistance. Individual assistance is a combined FEMA-State program that provides money and services to people in the affected area whose property has been damaged or destroyed and whose losses are not covered by insurance. Individual assistance from FEMA can consist of funds to rent temporary housing, grants to repair damage that is not covered by insurance, and grants for “necessary and serious needs” such as medical or funeral expenses. Individual assistance can also include federally subsidized loans from the U.S. Small Business Administration (SBA) to repair or replace homes, personal property or businesses that sustained damages not covered by insurance); See FEMA, Disaster Process at 4 (Public assistance funds, through grants or SBA loans, the repair, restoration, reconstruction or replacement of public facilities or infrastructure damaged or destroyed by a disaster. Eligible recipients include state and local governments and certain private nonprofi t organizations, such as educational, medical, rehabilitation or permanent custodial care facilities. Recipients may use their public assistance funds for projects such as debris removal and repair of road systems, bridges, and/or water control facilities); See FEMA, Disaster Process at 4-5 (Hazard mitigation assistance supports measures to reduce or eliminate long-term risk to people and property from natural hazards and their effects. For eligible projects, the federal government pays up to 75 percent of the costs with states providing a 25 percent match. Eligible mitigation measures under this program include buying or relocating property located in high hazard areas (such as fl ood plains); elevating fl ood-prone structures; and, seismic rehabilitation of existing structures).

22 See Directive on Management of Domestic Incidents, 39 WEEKLY COMP. PRES. DOC. 10 280 (Feb. 28, 2003) (Known as Homeland Security Presidential Directive/HSPD-5).

23 See U.S. Dep’t of Homeland Security, National Response Plan (Dec. 2004) at i [hereinafter NRP]. 24 See U.S. Gov’t Accountability Off., Pub. No. GAO-05-652, Homeland Security: DHS’ Efforts to Enhance First Responders’ All-Hazards Capabilities

Continue to Evolve, 11-12 (July 11, 2005) [hereinafter GAO: DHS’ Efforts to Enhance Capabilities]. 25 See NRP at 1. 26 See Id. at 11. 27 DHS, National Incident Management System, 2 (Mar. 1, 2004 ) available at http://www.dhs.gov/interweb/assetlibrary/NIMS-90-web.pdf (last

visited Jan. 22, 2006). 28 Id. at ix, 1-4. 29 See NRP at xi-xiii. 30 Id. at 11. 31 See Id. at ESF-i-iv. 32 Id. at ESF#1-1-5. 33 Id. at ESF#2-1-12. 34 Id. at ESF#3-1-8. 35 Id. at ESF#4-1-5. 36 Id. at ESF#5-1-5. 37 National Response Coordination Center (NRCC); Regional Response Coordination Center (RRCC); Joint Field Offi ce (JFO). 38 NRP at ESF#6-1-8.

A FAILURE OF INITIATIVE 53

39 Id. at ESF#7-1-6. 40 Id. at ESF#8-1-13. 41 Id. at ESF#9-1-7. 42 Id. at ESF#10-1-13. 43 See Id. (Depending on whether an incident affects the inland or coastal zone, either EPA or DHS/USCG serves as the primary agency for ESF 10

actions. For incidents affecting both, EPA is the primary agency with DHS/USCG serving as the deputy). 44 Id. at ESF#11-1-12. 45 Id. at ESF#12-1-6. 46 Id. at ESF#13-1-9. 47 Id. at ESF#14-1-6. 48 Id. at ESF#15-1-5. 49 See GAO, Recent Disasters (The notion that FEMA distinguishes “catastrophic” disasters from other incidents and makes specifi c plans for a

different, proactive response to them builds on its experiences, problems, and lessons learned in past disasters, particularly Hurricane Andrew in south Florida in 1992. In that disaster, FEMA was too reactive—waiting for state and local governments to identify what they needed and then ask for it—when the hurricane had clearly overwhelmed the ability of state, local, and voluntary agencies to adequately provide victims with essential services, such as food and water, within 12 to 24 hours. Summarizing its review of FEMA’s response to Hurricane Andrew, GAO described the [then] federal strategy for responding to such disasters as defi cient because it lacked provisions for the federal government to (1) immediately, comprehensively assess damages and the resulting needs of disaster victims and (2) provide food, shelter, and other essential services when victims’ needs outstripped what state, local and voluntary agencies could themselves provide).

50 Id. at 43. 51 NRP at CAT-3. 52 See Id. at CAT-1-3 (According to the catastrophic incident annex, DHS is developing a “more detailed and operationally specifi c NRP

Catastrophic Incident Supplement” (CIS) to this annex. The supplement will be designated “For Offi cial Use Only” and published independently of the NRP base plan and annexes. As of November 2005, DHS had not yet published the CIS); See Letter from Henry A. Waxman and Charlie Melancon, Members of Congress, to Michael Chertoff, Secretary of Homeland Security, Nov. 1, 2005 (on fi le with the Select Comm.) available at http://www.democrats.reform.house.gov/Documents/20051101103226-17173.pdf (last visited Jan. 22, 2006).

53 See NRP at CAT-2-4. 54 See Id. at CAT-3-5. 55 See Id. at CAT-1. 56 Id. at CAT-1. 57 Id. at 3-4. 58 See DHS, Fact Sheet: Homeland Security Operations Center (HSOC) (July 8, 2004) available at http://www.dhs.gov/dhspublic/display?theme=30

&content=3813 (last visited Jan. 22, 2006) [hereinafter HSOC Fact Sheet]. (Specifi cally, participants in the HSOC include the FBI, U.S. Coast Guard, Postal Inspection Service, CIA, U.S. Secret Service, DC Metropolitan Police Department, Defense Intelligence Agency, Federal Protective Service, New York Police Department, National Security Agency, Customs and Border Protection (DHS), Los Angeles Police Department, Immigration Customs Enforcement (DHS), U.S. Department of Energy, U.S. Environmental Protection Agency, Drug Enforcement Agency, U.S. Department of Interior (U.S. Park Police), U.S. Federal Air Marshal Service, Alcohol, Tobacco, and Firearms, U.S. Department of Defense, U.S. Department of State, U.S. Department of Transportation, U.S. Department of Veterans Affairs, National Capitol Region, Transportation Security Administration, National Geospatial Intelligence Agency, U.S. Department of Health and Human Services, FEMA, National Oceanic Atmospheric Administration, Public Affairs (DHS), State and Local Coordination Offi ce, Science and Technology Directorate, Geo-spatial Mapping Offi ce, Information Analysis Offi ce, and the Infrastructure Protection Offi ce).

59 NRP at 24; HSOC Fact Sheet. 60 See NRP at 70 (A National Special Security Event (NSSE) is a designated event that, by virtue of its political, economic, social, or religious

signifi cance, may be the target of terrorism or other criminal activity). 61 See Id. at 22-23; HSOC Fact Sheet. 62 NRP at 27-28, 91. 63 Id. at 27-28, 40; Interview by Select Comm. staff with Michael Lowder, Deputy Director, Response Division, FEMA, in Washington, DC (Jan. 5,

2006). 64 NRP at 28, 68. 65 Stafford Act at § 5143(a). 66 NRP at 4, 7. 67 Id. at 34. 68 Id. at 33-34. 69 Joint Chiefs of Staff, Department of Defense, Joint Publication 3-26, Homeland Security [hereinafter Joint Chiefs, Homeland Security], (Aug. 2.

2005) at IV-4, available at http://www.dtic.mil/doctrine/jel/new_pubs/jp3_26.pdf (last visited Jan. 22, 2006). 70 NRP at 42. 71 Joint Chiefs, Homeland Security at IV-1. 72 Steven Bowman et al., Cong. Res. Serv., Order No. RL 33095, Hurricane Katrina: DOD Disaster Response at 2 (Sep. 19, 2005). [Hereinafter

Katrina: DOD Response]. 73 Department of Defense, Directive 3025.1, Military Support to Civil Authorities (Jan. 15, 1993). 74 32 U.S.C. § 901 (2005). 75 Joint Chiefs, Homeland Security at vii, IV-10-IV-15; NRP at 37. 76 Bowman, Katrina: DOD Response at 3, 4. 77 Civil support for incidents in Hawaii and the Pacifi c territories is provided by U.S. Pacifi c Command. 78 Joint Chiefs, Homeland Security at IV-12; Bowman, Katrina: DOD Response at 3, 4.

54 A FAILURE OF INITIATIVE

79 Bowman, Katrina: DOD Response at 3, 4. 80 Joint Chiefs, Homeland Security at IV-10-12. 81 Lt. Gen. H Steven Blum, Chief, National Guard Bureau, Types of Duty, 1 (undated) (on fi le with the Select Comm., No. MMTF 00415-05). 82 Id. 83 Id. 84 Letter from Bob Riley, Governor of Alabama, to Donald Rumsfeld, Secretary of Defense (Sept. 2, 2005) (on fi le with the Select Comm.); Letter

from Haley Barbour, Governor of Mississippi, to Donald Rumsfeld, Secretary of Defense (Sept. 4, 2005) (on fi le with the Select Comm.); Letter from Kathleen Babineaux Blanco, Governor of Louisiana, to Donald Rumsfeld, Secretary of Defense (Sept. 5, 2005) (on fi le with the Select Comm.); Memorandum from Gordon England, Deputy Secretary of Defense to Secretary of the Army and Acting Secretary of the Air Force (Sept. 7, 2005) (authorizing Title 32 status for Katrina Disaaster Relief activities, on fi le with the Select Comm.).

85 Departments of the Army and the Air Force, Headquarters, Army Regulation 130-5 AFMD 10, Organization and Functions of the National Guard Bureau (Dec. 30, 2001).

86 Hearing on Hurricane Katrina: Preparedness and Response by the Department of Defense, the Coast Guard, and the National Guard of Louisiana, Mississippi, and Alabama Before Select Comm., [hereinafter Oct. 27, 2005 Select Comm. Hearing] 109th Cong. (Oct. 27, 2005) (written response to questions for the record of Lt. Gen. H Steven Blum).

87 Chris Doane & Joe DiRenzo III, Protecting Our Ports: A Coast Guard Operational Commander’s Perspective of the Maritime Transportation Security Act of 2002 in 2004 U.S. COAST GUARD: THE SHIELD OF FREEDOM, 124 (2004).

88 District Eight, U.S. Coast Guard, District Eight Facts, available at http://www.uscg.mil/d8/d8facts.htm (last visited Jan. 26, 2006). 89 See Debra Spar and James Dail, Essays: The Democratic Accountability of Non-Governmental Organizations: Of Measurement and Mission: Accounting

for Performance in Non-Governmental Organizations, 3 Chi. J. Int’l L. 171, 180 note 1 (“Strictly defi ned, NGO stands for “non-governmental organization” and would thus include any group that does not fall under the purview of the government. Taken to the extreme, this would include private companies, religious congregations, and trade unions. For the most part, however, the term NGO is used to refer to organizations that (1) are tax exempt, (2) have a decisionmaking body separate from the government, (3) consist, at least in part, of volunteers and donations, (4) have a charter or mandate within a specifi c development arena, and (5) consist of a formal organization (in other words, are registered as organizations.”).

90 36 U.S.C. § 300101 (2005). 91 American Red Cross Museum, History: The Federal Charter of the American Red Cross, available at http://www.redcross.org/museum/history/

charter.asp (last visited Jan. 22, 2006). 92 Id. 93 Id. 94 American Red Cross, 2004 Corporate Annual Report, Introduction, 4, available at http://www.redcross.org/pubs/#report (last visited Jan. 23,

2006). 95 NRP at 3. 96 Id. at 12, ESF #6-5. 97 Id. at ESF #6-5. 98 Id. at 2 99 Id. at ESF #6-3. 100 Id. 101 American Red Cross, Tropical Storm and Hurricane Action Plan, 1 (undated) [hereinafter American Red Cross, Storm Action Plan]. 102 Id. 103 American Red Cross, American Red Cross Responsibilities Under the Federal Response Plan (Aug. 2001) (Internal Red Cross planning document on

fi le with the Select Comm.). 104 American Red Cross, Interim Shelter Operations Management Toolkit, iii (Sept. 2005) (It is not clear to what extent this document was utilized in

the Red Cross’s response to Hurricane Katrina). 105 American Red Cross Storm Action Plan at 2 (“The chapters serving the affected area provide the initial incident response in their respective

communities, report their activities and assessments and are augmented by human and material resources and guidance, in a coordinated manner, from the service area or national headquarters.”).

106 Interview by Select Comm. staff with Joseph C. Becker, Sr. Vice Pres., Preparedness and Response, American Red Cross in Wash., D.C. (Oct. 14, 2005) [hereinafter Oct. 14, 2000 Red Cross Interview].

107 Id. 108 American Red Cross, Storm Action Plan at 20 (chart entitled, “Hurricane Response Plan Routine Business Model Structure”). 109 Id. at 3. 110 Id. at 3 111 Id. at 4. 112 Id. at 5. 113 Id. 114 Oct. 14, 2000 Red Cross Interview. 115 American Red Cross Storm Action Plan at 3. 116 Id. at 7. 117 Id. at 9. 118 Id. at 9-18. 119 Id. 120 Id. at 9. 121 Id. at 9. 122 Id. at 12.

A FAILURE OF INITIATIVE 55

123 Id. 124 Id. 125 Id. at 15. 126 Id. at 16. 127 Id. 128 See NRP at 6 (incidents typically managed at the lowest possible level), 8 (roles of local chief executive offi cer and governor), 15 (concept

of operations); FEMA supra note 10; DHS supra note 27 at (“most incidents are managed locally”); Bazan supra note 12 (summary—federal resources supplement state and local).

129 See GAO: DHS’ Efforts to Enhance Capabilities at 7-8. 130 Keith Bea, et al., Cong. Res. Serv., Order No. RL 32287, Emergency Management and Homeland Security Statutory Authorities in the States, District of

Columbia, and Insular Areas: A Summary, 6 (Mar. 17, 2004) [hereinafter Bea, Statutory Authorities]. 131 See Emergency Management Assistance Compact, Intrastate Mutual Aid Legislation, available at http://www.emacweb.org/?150 (last visited Jan.

23, 2006) (for a list of states that have intrastate mutual assistance compacts). 132 See Keith Bea, Cong. Res. Serv., Order No. RS 22235, Disaster Evacuation and Displacement Policy: Issues for Congress, 1-2 (Sept. 2, 2005)

[hereinafter Bea, Disaster Evacuation Policy]. 133 NRP at 8. 134 See Bea, Disaster Evacuation Policy 132 at 1-2. 135 See Bea, Statutory Authorities at 4. 136 See Bowman Katrina: DOD Response at 7-8. 137 See Bea, Statutory Authorities at 10. 138 Id. at 5-6. 139 See Keith Bea, Cong. Res. Serv., Order No. RL 32678, Louisiana Emergency Management and Homeland Security Authorities Summarized (Sept. 2,

2005) [hereinafter Bea, Louisiana Authorities]. 140 See Keith Bea, Cong. Res. Serv., Order No. RL 32316, Mississippi Emergency Management and Homeland Security Authorities Summarized (Sept. 2,

2005) [hereinafter Bea, Mississippi Authorities]. 141 See Keith Bea, Cong. Res. Serv., Order No. RD 21777, Alabama Emergency Management and Homeland Security Statutory Authorities Summarized,

1-5 (Sept. 2, 2005) [hereinafter Bea, Alabama Authorities] (a third statute, the Emergency Interim Succession Act, applies when continuity of government operations come into question and provides for the succession of powers for legislators and offi cers of political subdivisions).

142 State Chief Executives Emergency Response: Hurricanes & Other Disaster Emergencies: State Of Alabama Experience (on fi le with the Select Comm., Nos. 000659AL-000666AL).

143 Id. 144 Preparedness Division Technological Hazards Branch, State of Alabama, State of Alabama Emergency Operations Plan [hereinafter AL Emergency

Operations Plan] 4-5 (Oct. 1, 2000). 145 Id. at 2-3. 146 Interview by Select Comm. Staff with Bruce Baughman, Director, State of Alabama Emergency Management Agency, in AL (Oct. 11-12, 2005). 147 See Bea, Alabama Authorities at 2. 148 See AL Emergency Operations Plan. 149 Id. at 1. 150 See Bea, Alabama Authorities at 2. 151 Miss. Code Ann. §§ 33-15-11 to 33-15-53 (2004). 152 Id. 153 Id. at § 33-15-2. 154 See Bea, Mississippi Authorities at 2. 155 Id. at 5. 156 The Disaster Improvement Grant Program Plans Sec., Miss. Emergency Mgmt. Agency, Miss. Emergency Operations Plan, Volume II Miss.

Comprehensive Emergency Mgmt. Plan, p. Basic-2 (May 14, 199) (change log updated through Feb. 2003). 157 Miss. Code Ann. § 33-15-11 (2004). 158 See Bea, Mississippi Authorities at 1; Bea, Alabama Authorities at 4. 159 See Bea, Mississippi Authorities at 2-3; Miss. Code Ann. § 33-15-7 (2004). 160 See Bea, Louisiana Authorities at 1-3. 161 Offi ce of Homeland Security and Emergency Preparedness, State of Louisiana, Emergency Operations Plan, 7 (April 2005) [hereinafter LA

Emergency Operations Plan]. 162 Id. at 7. 163 Id. at 9. 164 Louisiana Homeland Security and Emergency Assistance and Disaster Act , LA. REV. STAT. ANN. § 724 D (2003). 165 Id. at §§ 724-725. 166 LA Emergency Operations Plan at 1. 167 Offi ce of Emergency Preparedness, City of New Orleans, Comprehensive Emergency Management Plan, (2004) at 7 [hereinafter N.O. Emergency

Management Plan]. 168 Id. at 4. 169 Id. 170 Id. 171 Id. at 51. 172 Id. 173 Id.

56 A FAILURE OF INITIATIVE

174 Id. at 54. 175 Id. at 48. 176 Id. at 50. 177 Id. 178 N.O. Emergency Management Plan at 45. 179 See Eric S. Blake, et al., Tropical Prediction Center, U.S. Dep’t of Commerce, NOAA Technical Memorandum NWS TPC-4, The Deadliest

Costliest, and Most Intense U.S. Tropical Cyclones from 1851 to 2004 (and Other Frequently Requested Hurricane Facts Aug. 2005) available at http://www.nhc.noaa.gov/paststate.shtml (last visited Jan. 24, 2006).

180 See National Hurricane Center, Hurricane Preparedness: Storm Surge, available at http://www.nhc.noaa.gov/HAW2/english/storm_surge.shtml (last visited Jan. 24, 2006).

181 See National Hurricane Center, Hurricane Preparedness: Inland Flooding, available at http://www.nhc.noaa.gov/HAW2/english/inland_fl ood. shtml (last visited Jan. 24, 2006).

182 Anu Mittal, U.S. Gov’t Accountability Off., Pub. No. GAO-05-1050T, Testimony Before the Subcommittee on Energy and Water Development, Committee on Appropriations, House of Representatives, Army Corps of Engineers: Lake Pontchartrain and Vicinity Hurricane Protection Project, 2 (Sept. 28, 2005); R.B. Seed, et al., U. of Calif. At Berkely and Am. Soc’y of Civil Engineers, Rept. No. UCB/CITRIS – 05/01, Preliminary Report on the Performance of the New Orleans Levee System in Hurricane Katrina on August 29, 2005, 1-4 (Nov. 2, 2005) (support for subsidence); IEM, Inc., IEM/TEC04-070 r5, Southeast Louisiana Catastrophic Hurricane Functional Plan, 5 (Jan. 5, 2005) [hereinafter IEM, Southeast Louisiana Hurricane Plan] (support for “bowl” topography “Hurricane Pam”).

183 IEM, Southeast Louisiana Hurricane Plan at 5; Hearing on Hurricane Katrina: Who’s In Charge of the New Orleans Levees? Before Senate Comm. on Homeland Security and Governmental Affairs [Dec. 15, 2005 Senate Hearing], 109th Cong. (Dec. 15, 2005) (written statement of Max. L. Hearn, Executive Director, Orleans Levee District) at 1.

184 New Orleans District, U.S. Army Corps of Engineers, Un-Watering Plan Greater Metropolitan Area, New Orleans, Louisiana, 1 (Aug. 18, 2000) (While we use the term “sea level,” the technical measurement used by the Corps is National Geodetic Vertical Datum (NGVD) which was developed by observing the mean sea level height at various locations around North America).

185 New Orleans District, U.S. Army Corps of Engineers, NGVD Datum Plane (Apr. 15, 2005) available at http://www.mvn.usace.army.mil/pao/ response/NGVD.asp (last visited Jan. 25, 2006).

186 Mittal, Testimony at 2. 187 See FEMA, Disasters: Louisiana Severe Storm, Flooding Declared May 10, 1995, available at http://www.fema.gov/news/event.fema?id=2250

(last visited Jan. 25, 2006). 188 Mittal, Testimony at 2. 189 Richard D. Knabb, et al., National Hurricane Center, Dep’t of Commerce, Tropical Cyclone Report: Hurricane Katrina 23-20 August 2005, 11, (Dec.

20, 2005); Mittal, Testimony at 2. 190 Dec. 15, 2005 Senate Hearing (written statement of Max. L. Hearn, Executive Director, Orleans Levee District at 2); R.B. Seed, et al. at 1-3. 191 Mittal, Testimony at 2. 192 Flood Control Act of 1965. Pub. L. No. 89-298, § 204, 79 Stat. 103, 1077 (1965) (The Flood Control Act of 1965 authorized this project). 193 Dec. 15, 2005 Senate Hearing (written statement of Col. Richard P. Wagenaar) at 1-2; Mittal, Testimony 182 at 3; The Industrial Canal is also

known as the Inner Harbor Navigation Canal. 194 Interview by Select Comm. Staff with David Pezza, U.S. Army Corps of Engineers, (Dec. 9, 2005); Mittal, Testimony at 3.

A FAILURE OF INITIATIVE 57

58 A FAILURE OF INITIATIVE

“Preparing for an event like Hurricane Katrina or

any natural disaster, we should never feel like we are

completely prepared. We can always do better.”

Robert R. Latham, Jr.

Executive Director,

Mississippi Emergency Management Agency

Select Committee hearing, December 7, 2005

G E

T T

Y I M

A G

E S

/M A

R IA

N N

E T

O D

D

A FAILURE OF INITIATIVE 59

PRE-LANDFALL PREPARATION AND KATRINA’S IMPACT

As Hurricane Katrina entered the Gulf of Mexico, Gulf coast states and the federal government prepared for landfall in the region.

Pre-landfall preparation by FEMA

The Federal Emergency Management Agency (FEMA)

positioned an unprecedented number of resources in

affected areas prior to Katrina’s landfall. Indeed, FEMA’s

efforts far exceeded any previous operation in the agency’s

history. A staggering total of 11,322,000 liters of water,

18,960,000 pounds of ice, 5,997,312 meals ready to eat

(MREs), and 17 truckloads of tarps were staged at various

strategic locations in and near the Gulf region prior to

Katrina’s landfall.1 FEMA also pre-positioned 18 disaster

medical teams, medical supplies and equipment, and nine

urban search and rescue task forces (US&R) and incident

support teams.2 Rapid Needs Assessment Teams also were

deployed to Louisiana on the Saturday before landfall.3

In Louisiana alone, on August 28, a total of 36 trucks of

water (18,000 liters per truck) and 15 trucks of MREs

(21,888 per truck) were pre-staged at Camp Beauregard.4

FEMA’s Hurricane Liaison Team, which consists of

FEMA, the National Weather Service, and state and local

emergency management offi cials and is tasked with

coordinating closely with FEMA Headquarters staff by

phone and video conferencing systems, was activated and

deployed to the National Hurricane Center on August 24

in anticipation of Hurricane Katrina’s making landfall.5

FEMA’s Mobile Emergency Response Support detachments

were pre-positioned in Louisiana, Mississippi, and Alabama

to provide emergency satellite communications capability.6

According to former FEMA Director Michael Brown,

prior to landfall, FEMA reached out to other agencies for

assistance, such as the Department of Defense (DOD) for

potential movement of strategic airlift support.7

By 10 a.m. on Monday, August 29, the morning Katrina

made landfall, 31 teams from the National Disaster

Medical System (NDMS) had been deployed to staging

areas in Anniston, Alabama; Memphis, Tennessee;

Houston, Dallas; and New Orleans, including 23 Disaster

Medical Assistance Teams.8 The teams, trained to handle

trauma, pediatrics, surgery, and mental health problems,

brought truckloads of medical equipment and supplies

with them. By September 1, 72 hours after landfall, FEMA

had deployed more than 57 NDMS teams and 28 US&R

teams with nearly 1,800 personnel to save lives and render

medical assistance. FEMA had also supplied generators

and thousands of cots and blankets.9

Pre-landfall preparation in Mississippi

Preparations for Hurricane Katrina in Mississippi

involved an array of actions, including county and

state preparedness and disaster response training in

the months leading up to the storm; the establishment

of local, state, and federal command structures by way

of emergency proclamations; activation of emergency

operations centers (EOCs); evacuations, many of them

mandatory, of the areas and types of homes most in

danger from a hurricane; and, the opening of emergency

shelters to which those evacuating could fl ee. Preparation

by the military in Mississippi largely took place through

activation of the state’s National Guard and some initial

requests for Emergency Management Assistance Compact

(EMAC) assistance with security, engineering support, and

helicopters.

Following a request from Governor Haley Barbour, on

Sunday, August 28, President Bush issued an emergency

declaration for Mississippi.10 Following a further request

from Barbour, on Monday, August 29, President Bush

declared a major disaster in Mississippi.11

Disaster preparedness training — Mississippi

For several years, Mississippi’s Emergency Management

Agency (MEMA) has been using federal emergency

preparedness grant funds to improve its counties’ abilities

to prepare for and respond to disasters. In 2000, 43 of

Mississippi’s 82 counties had active county emergency

management programs; MEMA used DHS emergency

60 A FAILURE OF INITIATIVE

management performance grant funds, including a $1.3

million allocation in fi scal year 2005, to increase this to 79

active county programs in 2005.12 In addition, the MEMA

reported that, as of early 2005, over 1,200 fi rst responders

had received training in the National Incident Management

System (NIMS).13

During the summer of 2005, the director of MEMA,

Robert Latham, his key staff, and most of Mississippi’s

county emergency management directors underwent

training in NIMS and the NIMS Incident Command

System (ICS).14 At approximately the same time, the

FEMA offi cials who would later lead the federal response

in Mississippi (Bill Carwile and Robert Fenton) also

participated in extensive ICS training. Fenton was

described by Carwile as having been involved for a long

time in developing training for subjects such as the

ICS and as an expert in how to adapt it for large scale

operations, such as the response to Katrina. Carwile

and Latham said they believe their training in the

ICS and the ability it gave them to quickly establish a

unifi ed command were positive elements of the state’s

preparation for and response to Katrina.

Establishment of command structures in Mississippi

Mississippi issued its fi rst Hurricane Katrina situation

report on August 23 and, through Thursday, August

25, continued monitoring the storm.15 According to

this situation report, during these three days, MEMA

conducted executive planning sessions to develop an EOC

activation timeline as well as plans for protective actions

and a proactive response.16 It also established contact with

a FEMA logistics cell and began encouraging the public to

prepare for the storm.

On Friday, August 26, Mississippi activated its National

Guard, and MEMA activated its EOC on Saturday, August

27.17 At that time, it also deployed County Liaisons to six

counties (Jackson, Harrison, Hancock, Pearl River, Stone,

and George) and activated its State Emergency Response

Team (SERT) for deployment to Camp Shelby the next

day, August 28. The SERT established forward operations

at Camp Shelby at 3 p.m. on August 28. According to

the MEMA Director’s brief, as of about 7 p.m. on August

28, 18 counties and 11 cities and towns had issued local

emergency proclamations; by early morning of August 29,

this had increased to 41 counties and 61 cities and towns.18

FEMA’s liaison arrived at the state’s EOC on Saturday,

August 27. FEMA’s Emergency Response Team-A (ERT-A)

arrived the same day, August 27, when the state activated

its EOC.19 On August 28, MEMA reported that FEMA was

deploying resources to a Regional Mobilization Center in

Selma, Alabama, and that FEMA’s ERT-A would be able to

supply large quantities of water and ice to the hardest hit

areas.20

Evacuations in Mississippi

Although the governor could order mandatory

evacuations, longstanding practice in Mississippi rests

that authority with local governments.21 However, the

state is generally included in any discussions about

evacuation orders because, once a city or county chooses

to make such an order, state responsibilities for managing

traffi c (including contra fl ow) and opening shelters can

come into play.22 In preparing for Hurricane Katrina, the

state worked through the MEMA liaisons it dispatched

to the counties along or near the Gulf coast as well as

a representative it had stationed in Louisiana’s EOC

(because of contra fl ow agreements between Mississippi

and Louisiana that provide for evacuations out of

southeast Louisiana through Mississippi).

AP PHOTO/ROGELIO SOLIS

A FAILURE OF INITIATIVE 61

Emergency shelters—Mississippi

On August 27, MEMA urged Mississippi’s coastal counties

not to open local shelters in order to encourage people to

evacuate north.23 MEMA described coastal county shelters

as an option of “last resort.” On Sunday, August 28,

MEMA reported that Red Cross shelters were open and on

standby in the coastal counties.

Mississippi began opening shelters as early as August

28. MEMA reported 51 shelters open with 475 persons

registered at that time and 36 additional shelters available

on standby as needed.24 In addition, MEMA indicated

the Jackson Coliseum had been open as a shelter (and

individuals were authorized to bring pets) and three

special needs shelters had been established.25 According

to the Director’s brief, also on August 28, MEMA reported

the Red Cross had begun opening shelters that morning,

bringing the total available shelters to 68 prior to the

opening of the Jackson Coliseum.26

By August 29, just prior to landfall, MEMA reported

57 shelters were open with 7,610 persons registered in

them. An additional 31 shelters were available on standby

to open based on need.27 The Jackson Coliseum opened

as expected the day before and by early morning August

29 was reported by MEMA to be at capacity. Similarly, all

Red Cross central Mississippi shelters were reported to be

full as of 4:30 a.m. on August 29.28 Two additional special

needs shelters opened, bringing their total to fi ve.29

Military preparation in Mississippi

Military preparation in Mississippi began as early as

August 26 when, as noted earlier, the Governor activated

the state’s National Guard.30 Mississippi’s National Guard

has over 12,000 troops, with Army and Air National

Guard components, both under the direction of the

Adjutant General (TAG), Major General Harold A. Cross.31

Throughout the preparation and response to Katrina,

Mississippi’s Guard reported to and received taskings (or

mission assignments) from MEMA.32 The Mississippi

National Guard has an Operations Plan, (OPLAN MSSTAD)

on top of MEMA’s Comprehensive Emergency Management

Plan, that was used during Hurricane Katrina.33 Refi ned and

updated in an order issued to Mississippi Guard on June 1,

2005, this operations plan was validated during Hurricane

Dennis, July 7 to 10, 2005.34

On August 27, Mississippi’s Guard accelerated its

preparations by alerting state emergency personnel to

assemble for hurricane operations on the Mississippi

Gulf coast under Joint Task Force Magnolia.35 In doing

so, Mississippi’s National Guard assembled and pre-

positioned at all three coastal county EOCs its special

“hurricane strike” squads; each squad consisted of 10

military police (MPs), 15 engineers and fi ve trucks.36 In

addition, the Guard placed on alert the following units

from throughout the state:

223rd EN BN – Camp McCain, MS (Grenada, MS)

890th EN BN – Home Station Armories (located in the

coastal region)

112th MP BN – Camp Shelby, MS (Hattiesburg, MS)

367th MAINT. CO – Home Station (Philadelphia, MS)

1687th TRANS CO – Home Station (Southaven, MS)

1387th QM WATER - Home Station (Leland, MS)

210th FINANCE – Home Station (Jackson, MS)

172nd AW – Home Station (Jackson, MS)

186th ARW – Home Station (Meridian, MS)37

Cross noted that these assets “were suffi cient for a

Category II storm, but as Katrina approached the Gulf

coast on August 28, it became apparent that additional

forces from outside the state would be required.”38

As a result, that afternoon, he initiated requests for

assistance via the EMAC. The fi rst such request, relayed

to the on-site National Guard Bureau Liaison Offi cers

(LNO) was for an additional MP Battalion, two more

Engineering Battalions, and 3 CH-37 helicopters.39 That

same day, August 28, the National Guard Bureau Joint

Operations Center in Washington, D.C., sent LNOs to

Mississippi, with the fi rst going to Mississippi’s Joint Force

Headquarters, followed by offi cers sent to the three coastal

county EOCs and to MEMA’s Operations Cell to facilitate

out of state National Guard assets.40

In addition, Cross established at Gulfport a Forward

Operations Center that eventually combined state

and federal (including active duty) logistics support

personnel.41 In response to questions regarding the Guard’s

preparations, including the EMAC assistance it received,

Cross said, “This greatly assisted in the command and

control and situational awareness of all operations. As

forces fl owed into the state, more liaison teams were

established in each county EOC that had Guard operations

62 A FAILURE OF INITIATIVE

in that county. This was a very effi cient system since the

National Guard headquarters was linked directly with each

county for coordination of relief efforts.”42

The Guard’s preparation in Mississippi was not,

unfortunately, without incident. Prior to the storm’s

landfall, Sgt. Joshua Russell, Detachment 1, Company A,

89th Engineers, was killed when attempting to rescue an

elderly couple in Harrison County.43

Pre-landfall preparation in Alabama

Final preparation for Katrina in Alabama began in

earnest four days prior to landfall when it became

evident the path of the storm pointed towards the Gulf

coast. Three days prior to landfall, the Governor’s staff

participated in frequent videoconference calls with

personnel from FEMA, the National Hurricane Center,

including its director Max Mayfi eld, senior staff at the

White House, and senior staff from the Governors’ offi ces

from Louisiana and Mississippi.44 The Governor’s staff

indicated they were satisfi ed with the federal support

they received and that Max Mayfi eld’s briefi ngs were

particularly valuable.45

In Alabama’s southernmost counties, Baldwin and

Mobile, preparations began fi ve days before the storm,

when they started regular consultations with the National

Hurricane Center, the State of Alabama Emergency

Management Agency, and the National Weather Service in

Mobile to discuss the storm’s likely path and strength.46

Information was then disseminated to all local offi cials

and fi rst responders and staff prepared to activate the

EOCs.47

On August 28, 2005, Governor Riley wrote to

President Bush, asking that he “declare an emergency

disaster declaration for the State of Alabama as a result

of Hurricane Katrina beginning on August 28, 2005 and

continuing.”48 That same day President Bush “declared an

emergency . . . for the State of Alabama.”49

The next day, Monday, August 29, Riley wrote to

President Bush again, this time asking him to “declare

an expedited major disaster . . . as a result of Hurricane

Katrina beginning on August 28, 2005 and continuing.”50

That same day, President Bush issued a major disaster

declaration for Alabama.”51

Establishment of command structures in Alabama

On Friday, August 26, Riley declared a state of emergency

to handle what was then thought would be a surge of

evacuees from the Florida panhandle. The state went into

what they call Level II response and expected to receive 10

to 15 percent of Florida’s evacuees.52 A Level II response

activates the Alabama EOC on a 24-hour basis, and all

relevant agencies are activated and necessary personnel are

assigned to staff the EOC.

One day later, on Saturday, August 27, a Level I response

was activated.53 The EOC was operating in full force, with

desks staffed for each ESF. A FEMA Emergency Response

Team - Advance (ERT-A) was on site late in the day. An

ERT-A team is a small FEMA contingent with capabilities

for planning, operations, communications, and logistics. A

total of fi ve to eight people from the Atlanta-based FEMA

region IV were on site at the EOC. The Alabama Emergency

Management Agency (AEMA) expressed some frustration

with FEMA’s late arrival. AEMA offi cials believed that

had FEMA been on site sooner with a larger contingent,

Alabama may have been able to acquire needed resources

and commodities more quickly.

President Bush spoke to Riley on Saturday, August

27, two days prior to landfall, to ensure the Governor

had everything he needed. The Governor’s staff indicated

they felt they were better prepared for Katrina than they

were for Hurricanes Dennis and Ivan.54 In addition to

implementing many of the lessons learned from previous

hurricanes, the Governor’s staff believes one key element

of the state’s response to Katrina was the state’s proactive

communications strategy.

On Friday, August 26, as the storm gathered in the

Gulf, the Governor personally visited all of the counties

in the Gulf, holding numerous press conferences to urge

local residents to evacuate pursuant to the mandatory

evacuation orders.55 In Alabama, the failure to obey a

mandatory evacuation order is a misdemeanor enforced

by county or municipal police.56

The Alabama EOC is divided into fi ve clusters of desks,

and each desk is equipped with computers, telephony and

other management tools.57 The fi ve clusters are:

■ emergency services (ESF #s 1, 2, 3, 4, 9, 13)

■ human services (ESF #s 6, 8, 11)

■ infrastructure and support (ESF #s 10, 12)

■ operations support (ESF #s 14, 15) and

■ information and planning (ESF #s 5, 7).

A FAILURE OF INITIATIVE 63

There is a station for each ESF

function and stations for all of

the involved agencies, federal and

state, including FEMA, EMAC,

Army Corps of Engineers, National

Guard, Alabama State Police,

among others.58

One of the tools Alabama uses

to respond to local disaster needs

is the EM-2000 incident log, a

Lotus Notes-based system which

captures, in log book fashion,

emergency events and requests

from each of the 67 counties.59

Each activity or request logged into

the system gets assigned to one of

the desks in the EOC for attention.

If a report comes in regarding individuals who are trapped

and in need of rescue, the event will be assigned to the

personnel in the emergency services cluster. Multi-ESF

teams involving state police (ESF #13), transportation

(ESF #1), and urban search and rescue (ESF #9) huddle to

coordinate the optimal response. Events can be reported

and tracked by ESF, by status, by county, and by a number

of other custom data elements. Documents related to

information requests, as opposed to action requests, are

later scanned and attached. The EM-2000 data fi les appear

to serve as the central universe of actions and documents

related to the state’s response to the storm.

Applying the lessons learned from Hurricane Ivan,

the state upgraded the tracking system used to determine

hospital bed vacancies, giving state offi cials real-time

visibility of surge capacity and making it possible to better

direct those with special medical needs to appropriate

sites.60 The state health offi ce also has the capability to

conduct daily conference calls with county health staff

to assess status and needs. Health offi cials staff their own

emergency operations center, linked by computer and

phone to the main state EOC in Clanton.

Evacuations in Alabama

Even before any evacuations began, AEMA and state

transportation offi cials participated in the FEMA regional

Evacuation Liaison Team conference calls, during which

emergency managers from Florida, Louisiana, and

Mississippi shared information on the status of evacuation

routes, road closures, traffi c volumes, hotel availability,

and other interstate implications of signifi cant population

migrations in the region.61

On the morning of August 29, Shelby County, Alabama,

posted a message on the statewide EM2000 system saying

the “Shelby County Humane Society will house animals

during the emergency. Can house small animals as well as

farm animals for a short duration.”62 More than 50 pets

were evacuated from Mississippi and brought to Maxwell

Air Force Base, where they were taken in by families on the

base until the pet owners could be located.63

Pre-landfall preparation in Louisiana

On Saturday, August 27, Louisiana Governor Blanco

wrote to President Bush, requesting that he “declare an

emergency for the State of Louisiana due to Hurricane

Katrina for the time period beginning August 26, 2005,

and continuing.”64 Later that same day, President Bush

declared an emergency for the state of Louisiana.65

William Lokey was named Federal Coordinating Offi cer.66

On Sunday, August 28, in recognition of the potential

catastrophic impact of Hurricane Katrina, Blanco asked

President Bush, prior to landfall, to “declare an expedited

major disaster for the State of Louisiana as Hurricane

Katrina, a Category V Hurricane approaches our coast . . .

beginning on August 28, 2005 and continuing.”67 The

next day, President Bush declared a major disaster for

Louisiana.68

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64 A FAILURE OF INITIATIVE

Establishment of command and safeguarding of assets

The State of Louisiana took a number of steps to prepare

for the arrival of Hurricane Katrina, including getting the

EOC up and running with its full staff complement by

the afternoon of Friday, August 26.69 The EOC conducted

communications checks with all the state agencies and

parishes on Thursday, August 25 – four days before

landfall.70

The state EOC then began holding regular conference

calls with all state agencies, key parishes, federal agencies,

other states, and the Red Cross to coordinate pre-landfall

activities among all the different authorities.71 These calls

began at 5:00 p.m. on Friday, August 26, with fi ve calls on

Saturday, four calls on Sunday, and a fi nal call Monday

morning as the storm hit but before communications

went out. In addition, several state agencies moved key

assets northward, stockpiled critical supplies, positioned

teams to do post-landfall damage assessments, or

otherwise prepared for the hurricane.72 The Louisiana

Department of Fish and Wildlife coordinated with the

Louisiana National Guard in advance to get boats placed

on trailers and pre-positioned at Jackson Barracks in

New Orleans in anticipation of fl ooding and the need for

waterborne search and rescue.73

There were also preparations at the parish level. As

noted, the parishes participated in conference calls

with the state. Plaquemines Parish, one of the southern

parishes most exposed to the storm, parked vehicles

on high ground, gathered administrative records and

moved them north, transferred prisoners to upstate

facilities, and set up an emergency command post in a

local high school.74 Jefferson Parish, part of metropolitan

New Orleans, also took a number of preparatory steps.

According to Emergency Management Director Walter

Maestri, they implemented their “Doomsday Plan”

to hunker down in their EOC with a skeleton crew

to minimize the number of people exposed to the

hurricane’s damage.

The Louisiana National Guard (LANG) and other state

agencies went on alert and began staging personnel and

equipment.75 By Saturday, August 28, the day prior to

landfall, the LANG had pre-positioned 9,792 MREs and

13,440 liters of water at the Superdome, the “shelter of

last resort.” The state also had positioned teams north, out

of harm’s way, prior to landfall, and the fi rst requests for

EMAC teams were issued as well.

On Saturday, August 28, the New Orleans Regional

Transit Authority (RTA) fueled up its fl eet based at its

Eastern New Orleans facility and moved buses not

providing service to higher ground on a wharf near

downtown New Orleans.76 Buses that were providing

regular service were also eventually moved to the wharf

as well.

Evacuations in Louisiana

The state was actively involved in executing the Southeast

Louisiana evacuation plan, with the Department of

Transportation and Development and the Louisiana

State Police working to manage traffi c and implement

“contrafl ow” — making all highway lanes outbound

to maximize traffi c fl ow and minimize traffi c jams.77

The Governor was personally involved in monitoring

contrafl ow, which ran from Saturday at about 4:00 p.m. to

Sunday at about 6:00 p.m.78

State offi cials coordinated the contrafl ow with

the states of Mississippi and Texas, since Louisiana

interstates fed into these states.79 In a conference call

at 6:30 a.m. Saturday morning, it was recommended

that the evacuation plan for southeast Louisiana be

implemented.80 The state began staging assets necessary

to execute an evacuation, including alerting and activating

National Guard troops, pre-deploying traffi c cones

and barriers to key locations, and coordinating plans

among all of the parishes.81 Some parishes had already

begun evacuation proceedings. By 6:00 p.m. on Sunday,

August 28, traffi c was light, so contrafl ow was halted,

but residents could still evacuate on the outbound

lanes once the highways were returned to their normal

confi guration.82

Up to 1.2 million Louisiana residents followed the

evacuation orders and evacuated themselves in their

private vehicles.83 However, it later became apparent that

thousands of residents, particularly in New Orleans, did

not evacuate or seek shelter, but remained in their homes.

The parishes began declaring evacuations on Saturday,

August 27 at 9:00 a.m. These declarations had been

coordinated among the state and parishes in advance as

part of Louisiana’s emergency evacuation plan, which calls

for the most southern parishes to evacuate fi rst so that, as

A FAILURE OF INITIATIVE 65

they drive north, they do not encounter traffi c bottlenecks

in New Orleans or Baton Rouge.84 While some parishes

(e.g., Plaquemines and St. Charles) began the process with

“mandatory” evacuation orders, most parishes began with

“recommended” evacuation orders and upgraded these

to “mandatory” orders later on Saturday or Sunday.85

Some of the parishes farther north (e.g., St. Tammany,

Tangipahoa) declared mandatory evacuation orders only

for residents living in low lying areas or manufactured

homes.86

Some parishes also asked nongovernmental

organizations to help evacuate those residents that did not

have their own vehicles. Both New Orleans and Jefferson

Parish have a program called “Brother’s Keeper” run by the

parishes in conjunction with local churches and the Red

Cross. According to Maestri, the parish had a phone bank

in the EOC manned by volunteers that help take the calls

and match up riders with drivers once the evacuation was

announced.87 By Sunday evening, most of the parishes

reported empty streets and had declared dusk-to-dawn

curfews.88

Emergency shelters in Louisiana

Louisiana also set up shelters as part of its evacuation

plan. A “Sheltering Task Force” led by the Department

of Social Services and the Department of Health and

Hospitals, coordinated its activities with the state EOC

and parishes through the aforementioned conference

calls.89 Specifi c shelters were designated along the main

evacuation routes, including both general population

shelters and special needs shelters.90 These efforts were

coordinated with both Mississippi and Texas, which set up

shelters once Louisiana shelters began to fi ll.91

Several parishes also established “shelters of last

resort” for residents that could not evacuate or had

delayed leaving. Parish offi cials Ebbert and Maestri told

Select Committee staff they purposefully designate these

shelters at the last minute so people will not use them

as an excuse to avoid evacuation.92 New Orleans, which

had already designated the Superdome as a shelter for

the special needs population, also designated that facility

as a “shelter of last resort” on Sunday, August 28.93 The

Louisiana National Guard pre-positioned 9,792 MREs

and 13,440 liters of water at the Superdome.94 Also in

New Orleans, the RTA began running special service from

12 sites across the city to take riders to the Superdome.95

The RTA also ran at least 10 paratransit vehicles to the

Superdome and then on to the Baton Rouge area for

“special needs” citizens; each of these vehicles made

at least two trips.96 All service ceased at approximately

7:00 p.m. Sunday night, approximately 11 hours before

Katrina was due to make landfall and as conditions

worsened.97 Jefferson Parish also designated four facilities

as “shelters of last resort.”98 According to Maestri, unlike

the Superdome, these locations in Jefferson Parish did not

have any prepositioned medical personnel or supplies but

they did have pre-positioned food and water.

Pre-landfall preparations by DOD, the National Guard, U.S. Army Corps of Engineers, and U.S. Coast Guard

DOD In preparation for the last part of the 2005 hurricane

season, the Secretary of Defense approved a standing

order on August 19 that allowed the commander, U.S.

Northern Command, to use military installations and

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deploy Defense Coordinating Offi cers (DCO) as needed

to coordinate directly in support of FEMA in affected

states. As the force provider to Northern Command, the

U.S. Joint Forces Command issued general instructions on

August 20 on how it would task units in support of any

Northern Command requests to support FEMA.99

On August 23, Northern Command began tracking

the tropical depression that became Hurricane Katrina.

On August 24, the Offi ce of the Secretary of Defense

(OSD), Northern Command, and the National Guard

Bureau participated in a teleconference with FEMA on

what would be needed to respond to Katrina. Joint Forces

Command issued a warning order to military services

to be ready to support requests for assistance. Northern

Command issued a similar warning order on August 25,

the day Katrina struck Florida as a category 1 storm.100

On August 26, Northern Command issued an execute

order, setting initial DOD relief actions into motion. The

initial response was focused on Florida, but DCOs were

also activated for Georgia, Alabama, and Mississippi.101

On August 27, Northern Command received its fi rst

mission assignment from FEMA, to provide Barksdale

Air Force Base in Louisiana as a federal operational

staging area. The same day, the Corps of Engineers

positioned teams and supplies in Alabama, Louisiana,

and Mississippi. In New Orleans, the commander of the

Corps’ New Orleans District evacuated most of his staff

to alternate locations to be ready to respond when the

storm passed. Other active military units ordered similar

evacuations of personnel and equipment. In addition,

the Louisiana National Guard aviation offi cer requested

helicopter support from the National Guard Bureau, and

support was coordinated through the EMAC.102

On August 28, DCOs were deployed to Mississippi and

Louisiana. Northern Command took several additional

steps to organize military assets that might be needed,

including deployment of Joint Task Force-Forward

(eventually Joint Task Force-Katrina) to Camp Shelby,

Mississippi and a general alert to DOD assets potentially

needed, particularly aviation assets.103

On the day Katrina made landfall, August 29, the

Deputy Secretary of Defense led an 8:30 a.m. meeting

to get damage assessment for DOD facilities and review

resources that might be required from DOD to support

hurricane relief. The Secretary of Defense was briefed on

DOD’s readiness and Northern Command issued several

more alerts in anticipation of requests for assistance.104

National Guard At the beginning of each hurricane season, National

Guard Bureau (NGB) personnel participate in an

interagency conference to assess potential response

shortfalls and identify potential solutions that could

be resolved through EMAC requests.105 NGB planners

conducted this EMAC conference in the spring of 2005

with participants from Alabama, Arkansas, Florida,

Georgia, Louisiana, Maryland, Michigan, Mississippi,

North Carolina, New York, and South Carolina. The

Joint Staff J3 Joint Director of Military Support (JDOMS)

also participated. The participants in these conferences

believe that EMAC is capable of providing most military

capabilities needed by states for hurricane disaster relief

operations.

The role of the NGB grew in preparation for Guard

response to Hurricane Katrina. On August 24, it issued

an executive order calling on its Joint Staff to provide

proactive planning and staffi ng support to states

potentially affected by then-tropical storm Katrina. NGB

Liaison Teams (LNOs) were sent to Alabama, Mississippi,

and Louisiana.106 On Wednesday, August 24, the fi rst

teleconference between NORTHCOM, the Joint Staff,

Guard Headquarters, and FEMA was held to discuss DOD

support to federal authorities.

The Joint Operations Center at the NGB geared up as

the operations center for Katrina response.107 The heads

of the Army and Air National Guard also use this center

for coordination of effort. During Hurricane Katrina

preparation and response, the Joint Operations Center

provided daily intelligence updates, logs of current

operations, daily teleconferences, and coordination

with states on logistical assistance; maintained

communications with states and other agencies; and,

coordinated Guard aviation assets.

On August 25, the NGB began hosting daily

teleconferences with the operations offi cers of the Gulf

states’ Adjutant Generals. The Adjutant Generals reported

their preparations to respond, and were asked if they

needed out of state assistance.108 Some of them had

already contacted or were contacted by other nearby states

to arrange for assistance via the EMAC in the form of

personnel and equipment that might be needed.109

On Sunday, August 28, reports into NGB by state

Adjutant Generals indicated that 4,444 Army National

Guard and 932 Air National Guard in Florida, Alabama,

A FAILURE OF INITIATIVE 67

Mississippi, and Louisiana were ready to respond. Both

General Bennett C. Landreneau of Louisiana and Cross

of Mississippi requested additional aircraft from EMAC

via NGB.110 Consequently, these requests were considered

state-to-state requests for assistance, not federal requests

involving FEMA or OSD, even though NGB facilitated the

assistance. On Monday, August 29, NGB noted that 65

Army National Guard aircraft were in position in Florida,

Alabama, Texas, Louisiana, and Mississippi.

Louisiana National Guard The Louisiana National Guard is an integral part of

managing emergencies in the state. The Adjutant General,

Landreneau, wears two hats, as he is head of both the

National Guard and the Louisiana Offi ce of Homeland

Security and Emergency Preparedness (LOHSEP).111 The

National Guard plays a signifi cant role in emergency

command and control because of the dual role of the

Adjutant General. Also, many of the personnel who staff

the state’s EOC are guardsmen.

On Friday, August 26, Blanco authorized the

mobilization of 2,000 Louisiana guardsmen.112 The

next day, Landrenau called an additional 2,000 to

active duty.113 By the end of the day on Saturday, 3,085

Louisiana National Guard troops had been fully activated.

Coordination also began with other states for additional

aviation assets for search and rescue and EMAC support, if

needed.

The Louisiana National Guard participated in

a number of preparation missions, including law

enforcement, traffi c control, shelter support and security,

and securing operations at the Superdome.114 Many

guardsmen were also embedded with state and parish

offi cials and later used their radios to help these offi cials

reestablish some minimal level of communications.115

Before Katrina hit, guardsmen provided support for

general purpose shelters and special needs shelters by

providing medical personnel.116

Alabama National Guard The Alabama National Guard has 13,200 troops, with

Army and Air National Guard components falling under

its Adjutant General, Major General Mark Bowen.117 The

Adjutant General is also a member of the Governor’s

Cabinet, but is not dual-hatted as the emergency

response coordinator. Although he participates in the

state’s EOC, Bowen’s chain of command is a direct line

to the governor. The Alabama Guard has developed

and is organized around mission-oriented joint force

packages, (i.e., hurricanes, snow and ice storms). Task

forces typically include security forces, engineers, medical,

communications, special operations forces, logistics and a

command and control cell. Alabama also has a voluntary

state militia that is administered by the National Guard.

They are used to augment the Guard force and have

approximately 2,000 to 3,000 members.

During the Alabama National Guard’s

preparation phase, which began six days

before Katrina hit, Guard assets monitored

the storm track and began discussions with

the NGB.118 By August 26, Riley ordered

3,000 Alabama National Guard soldiers and

airmen to state active duty and requested

Secretary of Defense approval of 180 days

of military duty.119 Approval was granted by

DOD on September 7 and was retroactive to

August 29.120

Two days before the storm, a National

Guard liaison offi cer was dispatched to the

state EOC in Clanton.121 On August 28, two

National Guard Task Forces were formed,

gathered pre-positioned supplies (food,

water, ice, gas) from Maxwell Air Force

Base, and equipment, including generators,

Before Katrina hit, Louisiana National Guard soldiers screen residents entering the Superdome.

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fuel trucks, and aviation assets.122 Guard assets also

began deployment to assist Mobile and Baldwin County

Emergency Management activities.123

Mississippi National Guard The Mississippi National Guard has 12,041 troops, with

Army and Air National Guard components falling under

Adjutant Major General Harold A. Cross.124 The Adjutant

General reports directly to the Governor, but is not

dual-hatted as the state emergency management offi cer.

Mississippi’s emergency response is handled by the state’s

emergency management agency, MEMA.

On August 28, 2005, the Mississippi National

Guard alerted state emergency personnel to assemble

for hurricane operations on the Mississippi Gulf coast

under Joint Task Force Magnolia.125 National Guard

special “hurricane strike” squads were pre-positioned

at all three coastal county EOCs. Recommended but

voluntary evacuation of civilians brought bumper-to-

bumper traffi c along Highway 49 northbound, from

the beach in Gulfport to Jackson. By Sunday evening,

numerous mandatory evacuation orders were in effect,

and Mississippi National Guard Soldiers took shelter at

Camp Shelby, 62 miles north of the predicted landfall

area. These Guard personnel moved south after the storm

had passed to begin assisting with response and recovery

efforts.

U.S. Army Corps of Engineers The Army Corps of Engineers (USACE), another active

duty military unit, provided substantial resources to

prepare for and respond to Hurricane Katrina. Under the

National Response Plan, the USACE, as the lead federal

agency for public works and engineering (ESF #3), provides

relief and response support to FEMA.126 To meet these

responsibilities, USACE has pre-awarded competitively

bid contracts for all of these functions to allow quick

deployment of resources prior to and immediately after an

event.127 These pre-awarded contracts are part of USACE’s

Advanced Contracting Initiative (ACI), which has been in

place for about six years.

USACE took a number of preparatory steps in

anticipation of the hurricane season in general and for

Hurricane Katrina specifi cally.128 Over the summer, the

USACE New Orleans District participated in an annual

hurricane preparedness exercise conducted by the regional

headquarters. In July 2005 the district sponsored a

hurricane preparedness conference for federal, state, and

local emergency managers.

In addition, USACE had equipment and supplies,

including those needed to repair levees, pre-positioned

in various locations along the Gulf of Mexico.129 When

Katrina approached, the New Orleans District monitored

the situation and evacuated most staff, establishing a

temporary district headquarters in Vicksburg, Mississippi.

The district commander and eight staff remained in New

Orleans, retreating to a bunker designed to withstand

a category 5 hurricane. Their objective was to monitor

the levee system, stay in contact with local offi cials, and

provide post-storm assessments to the USACE chain of

command.

U.S. Coast Guard Well before arriving in the Gulf of Mexico, Hurricane

Katrina was closely watched by Coast Guard offi cials as the

storm approached and eventually passed through southern

Florida. By Thursday, August 25, the Seventh Coast Guard

District, based in Miami, had prepared for Katrina’s arrival

by partially evacuating Coast Guard boats, aircraft, and

personnel, and closely monitoring Katrina’s progress across

the Florida peninsula.130 As Katrina cleared the Seventh

District, the Eighth District was busy executing hurricane

plans in anticipation of Katrina’s arrival.131

On August 27, the Eighth Coast Guard District’s Incident

Management Team (IMT), based in New Orleans, relocated

to St. Louis in accordance with Coast Guard hurricane

plans.132 The Eighth District set heightened readiness for all

units, ordered the evacuations of personnel and dependents

from units along the Gulf coast in the anticipated impact

zone, and closed the entrance to the lower Mississippi river

to all commercial maritime traffi c.

On August 28, the Coast Guard activated personnel to

support air and swift boat operations under ESF-1, and

positioned liaison offi cers at FEMA regions IV and VI, and

to state EOCs in Florida, Louisiana and Mississippi.133

The Coast Guard’s computer hub in New Orleans

dropped off-line, resulting in no computer or internet

connectivity to all coastal ports within the Eighth District.

Coast Guard units resorted to using phone and fax

machines to communicate.

A FAILURE OF INITIATIVE 69

The Eighth District Commander requested additional

Coast Guard air assets and personnel to support rescue

and recovery operations.134 Coast Guard aircraft and

crews from Louisiana, Alabama, Florida, New Jersey,

Massachusetts, North Carolina, Georgia, and Texas were

pre-staged to provide rapid support.135 Eighth District

Commander Rear Admiral Robert Duncan contacted

Blanco to discuss damage assessments and response

efforts.136

Sector New Orleans operations and critical

communications personnel evacuated to Alexandria,

Louisiana. Non-essential Coast Guard personnel and

dependents in the New Orleans area evacuated to the

Naval Air Station in Meridian, Mississippi.137 Coast Guard

helicopters originally located in New Orleans relocated to

Houston and Lake Charles, Louisiana to avoid Katrina’s

path, and prepared to begin rescue operations. All Coast

Guard cutters and small boats relocated to safe locations,

or traveled out to sea to avoid the storm.

In Mississippi, a Coast Guard Incident Management

Team was established in Meridian.138 Duncan contacted

Barbour to discuss damage assessments and response

efforts. Non-essential personnel and dependents from

the Gulfport and Lockport areas relocated to Naval

Air Station Meridian.139 In Alabama, helicopters from

Aviation Training Center Mobile deployed to Shreveport

and Jacksonville for storm avoidance, and prepared

to respond. Also, a Transportable Multi-mission

Communications Center was pre-staged at Sector Mobile

to provide temporary communication support. Non-

essential Coast Guard personnel and dependents relocated

to Maxwell Air Force Base.140

On August 29, the day Katrina made landfall, the

Sector New Orleans Incident Management Team was

established in Alexandria, LA.141 Outside of the forecasted

area of impact, Coast Guard Disaster Assistance Teams

from Ohio, Kentucky, St. Louis, Pittsburgh, and Miami

were pre-positioned to the region to respond as soon as

conditions permitted.

During normal conditions, there are 15 helicopters

assigned within the Eighth Coast Guard District, along

with four fi xed-wing aircraft and 16 cutters. Within 12

hours of Hurricane Katrina making landfall, the Coast

Guard assigned 29 helicopters, eight fi xed-wing aircraft,

and 24 cutters to the area to support rescue operations.142

Pre-landfall preparations by the American Red Cross

The Red Cross’ Gulf coast-area preparation was far along

two days before Katrina made landfall in the Gulf coast.

As of 2:00 p.m. on August 27, Carol Hall of the Red

Cross reported to the White House and the Department

of Homeland Security, among other governmental

organizations that it “has every resource at its disposal

on alert/moving in anticipation of this event to include

personnel, equipment, and materials.”143 According to

Hall, key aspects of this preparation included:

■ Chapters across the region opened shelters in support

of evacuations in all states.

■ 275,000 HeaterMeals were staged in Baton Rouge, LA.

■ 225,000 HeaterMeals were staged in Montgomery, AL.

■ 15 sites were identifi ed to bring in big kitchens with the

support of Southern Baptists to provide 300,000-meals-

per-day feeding capability.

■ All 14 Disaster Field Supply Center warehouses loaded

supplies, including 50,000 cots, 100,000 blankets,

comfort and clean-up kits.

■ All vehicles in the Red Cross fl eet across the country

were placed on alert for possible deployment and were

dispatched to staging areas.

■ All 8 Emergency Communications Response Vehicles

(ECRVs) deployed to staging areas.

■ Red Cross staff deployed to NRCC, Region VI RRCC,

Region IV RRCC, ERT-As and other ESF #6 posts.

Red Cross volunteers unload supplies in preparation for Katrina.

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By August 28, the Red Cross started to understand the

magnitude of Katrina. One of its Disaster Operations

Reports remarked, if Katrina makes landfall at its current

pressure, “it will be the most intense storm to hit the US

mainland.”144 On the same day it was reported, “For the

fi rst time ever, an ESF6 coordination center will be set up

tomorrow at American Red Cross national headquarters

to coordinate the deliver [sic] mass care services with

our governmental and non-governmental organization

partners.”145

As Katrina made landfall on August 29, the Red Cross

was fully staffi ng all of the relevant state and federal

EOCs, including Alabama, Louisiana, Florida, Mississippi,

Georgia, South Carolina, Tennessee, FEMA Regions IV

and VI’s RRCC, FEMA’s NRCC, as well as ERT-A teams

in Florida, Alabama, Mississippi, and Louisiana.146 Sites

for 25 kitchens to feed as many as 500,000 people were

identifi ed and pre-staged.147

Trajectory and impact of Hurricane Katrina

Finding: The accuracy and timeliness of National Weather Service and National Hurricane Center forecasts prevented further loss of life

Timeline of Hurricane Katrina and NWS Warnings to Federal, State and Local Offi cials

At 5:00 p.m. Eastern Daylight Time (EDT) (4:00 Central

Daylight Time (CDT), the National Weather Service (NWS)

reported that Katrina’s projected path had shifted 150 miles

to the west (toward Mississippi) and projected that Katrina

would make landfall as a category 4 storm.148 By 10:00 p.m.

CDT that same night, the NWS projected that landfall was

most likely at Buras, Louisiana, 65 miles south-southeast

of New Orleans.149 NWS proved extremely accurate; the

fi nal landfall location was only 20 miles off from Friday’s

forecast.150 Since meteorological conditions that affect the

track and intensity of the storm were relatively stable, NWS

was especially certain of the accuracy of its prediction, even

56 hours from landfall.

At 10:00 a.m. CDT, on Saturday, August 27, the

National Hurricane Center (NHC) issued a hurricane

watch for southeast Louisiana, including New Orleans,

which was extended to Mississippi and Alabama later

that afternoon.151 Later that evening, between 7:30 and

8:00 p.m. CDT, 35 hours before landfall, Max Mayfi eld,

the director of the NHC called state offi cials in Louisiana,

Mississippi, and Alabama to inform them of the

storm’s intensity and its potential to be devastating and

catastrophic.152 At Governor Blanco’s urging, Mayfi eld

also called Ray Nagin.153

Despite media reports indicating Mayfi eld encouraged

Nagin to immediately order a mandatory evacuation,

Mayfi eld “just told [offi cials] the nature of the storm [and

that he] probably said to the Mayor that he was going

to have some very diffi cult decisions ahead of him.”154

Similarly, Mayfi eld said that the “purpose of [his] calls

there to the Governors of Louisiana and Mississippi was

really just to make absolutely sure that they understood

how serious the situation was . . . .”155

In public advisories issued at 10:00 p.m. CDT Saturday,

32 hours before prior to landfall, NHC warned of storm

surge forecasts.156 At 7:00 a.m. on Sunday, August 28,

NWS advisories characterized Katrina as a “potentially

catastrophic” storm.157 Additionally, at 4:00 p.m. CDT on

Sunday, the storm surge was predicted to be 18 to 22 feet,

and locally as high as 28 feet with “large and battering”

waves on top of the surge, meaning “some levees in the

greater New Orleans area could be overtopped.”158

Although it was reported that Mayfi eld cautioned the

levees would be breached, no such warning was issued.

“What I indicated in my briefi ngs to emergency managers

and to the media was the possibility that some levees

in the greater New Orleans area could be overtopped,

depending on the details of Katrina’s track and intensity,”

Mayfi eld said.159

Also on Sunday, August 28, the NWS offi ce in Slidell,

Louisiana, which is responsible for the New Orleans

area, issued warnings saying, “most of the area will be

uninhabitable for weeks…perhaps longer” and predicting

“human suffering incredible by modern standards.”160

Ultimately, NWS and NHC proved remarkably accurate in

capturing Katrina’s eventual wrath and destruction.

It is important to note, the hurricane risk to New

Orleans and the surrounding areas was well-recognized and

predicted by forecasters long before Hurricane Katrina. “The

33 years that I’ve been at the Hurricane Center we have

A FAILURE OF INITIATIVE 71

always been saying

— the directors before

me and I have always

said — that the greatest

potential for the

nightmare scenarios,

in the Gulf of Mexico

anyway, is that New

Orleans and southeast

Louisiana area,”

Mayfi eld said.161

The NWS and NHC

are not without critics

though. AccuWeather

Inc., a private weather service company, has said the public

should have received earlier warnings that Gulf coast

residents, and New Orleans residents in particular, were

directly in Katrina’s path.162 AccuWeather issued a forecast

predicting the target of Katrina’s landfall nearly 12 hours

before the NHC issued its fi rst warning, and argued the

extra time could have aided evacuation of the region.163

Responding to this criticism, Mayfi eld said premature

evacuation can lead too large of an area to evacuate,

causing unnecessary traffi c and congestion on the

roads.164 As Mayfi eld testifi ed, “the mission here of

the National Hurricane Center and then the National

Weather Service, is to provide the best forecast that we

possibly can, and then the emergency managers at the

local and state levels will use that, then they will call for

evacuations.”165

Ultimately, as Mayfi eld tried to convey, NHC and NWS

can only forecast, issue warnings, and provide timely

information to the state and local decision-makers who

determine who and when to evacuate. The timeliness and

accuracy of the forecasts saved lives. No government can

blame inadequate response or lack of advanced warning.

Katrina makes landfall

Hurricane Katrina made landfall at Buras, Louisiana on

the southeast corner of Louisiana, at 6:10 a.m. CDT, on

Monday, August 29.166 Katrina had maximum sustained

winds of 121 mph and was unusually large, measuring

approximately 400 miles across. Its eye was at least 30 miles

wide. Though it had weakened from a category 5 to a strong

category 3 storm by landfall, the damage and loss of life

from the storm was staggering, with effects extending from

Louisiana through Mississippi, Alabama, Georgia, and the

Florida panhandle.167 The three states most directly affected

— Alabama, Mississippi, and Louisiana — each suffered

signifi cant damage, with NHC noting that many of the

most severely affected areas along the Gulf coast could take

years to completely rebuild.168

Alabama — impact of Hurricane Katrina

Though Alabama was not where Hurricane Katrina made

landfall, damages there were substantial. According to the

NHC, “despite being more distant from the eye of Katrina,

the storm surge over Dauphin Island, Alabama destroyed

or damaged dozens of beachfront homes and cut a new

canal through the island’s western end.”169 Two deaths

were reported during Hurricane Katrina in Alabama.

However, these deaths were the result of an auto accident

and unrelated to the Hurricane.170

Katrina caused signifi cant damage along its coast

with a wave surge of 13.5 feet, exceeding the 100-year

fl ood level of 12 feet.171 Bayou La Batre and (as noted

above) Dauphin Island received the brunt of the storm

in Alabama, losing 800 and 200 homes, respectively.172

The storm caused wind damage as far north as Tuscaloosa

County. Mobile Bay spilled into downtown and fl ooded

large sections of the city, destroying hundreds of homes.

The sheer power of the storm dislodged a nearby oil

drilling platform, which became caught under the U.S.

Highway 98 bridge.173

As of early January 2006, federal assistance to Alabama

had exceeded $500 million.174 Specifi cally, FEMA reported

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72 A FAILURE OF INITIATIVE

that, to date, it had provided $117 million in assistance

to individuals and families (for housing and rental

assistance) and $348 million for public assistance, crisis

counseling, disaster unemployment assistance, and various

mission assignments to other federal agencies during

the disaster response. The public assistance funds were

provided for, among other things, infrastructure costs,

debris removal, and road and bridge repair. The costs for

mission assignments to other federal agencies included

the use of military aircraft for rapid needs assessments,

shipments of ice (280 truckloads), water (186 truckloads),

MREs (103 truckloads), generators (11 truckloads), cots

(27 truckloads), and blankets (32 truckloads). The Small

Business Administration (SBA) has approved over $68

million in loans to homeowners, renters, and businesses.

Mississippi — impact of Hurricane Katrina

In reporting casualty and damage statistics for Hurricane

Katrina, NHC noted that “the storm surge of Katrina

struck the Mississippi coastline with such ferocity that

entire coastal communities were obliterated, some left

with little more than the foundations upon which homes,

businesses, government facilities, and other historical

buildings once stood.”175 According to the NHC, the

Hancock County EOC recorded a storm surge of as high

as 27 feet; this surge likely penetrated at least six miles

inland in many portions of the Mississippi coast and up

to 12 miles inland along bays and rivers.176 Even in areas

that may have been spared the destruction of the storm

surge, hurricane force winds wreaked havoc—according

to Pearl River County EMA Director Bobby Strahan, for

example, his EOC (one county inland) twice registered

wind speeds of 135 miles per hour.177

All told, at least 231 Mississippians died during

Hurricane Katrina.178 In the three coastal counties alone,

66,000 may have been displaced from their homes due to

fl ooding and/or structural damage to their homes.179 At

peak levels on August 31, Mississippi’s power companies

reported 958,000 customers were without power and that

over 19,000 households were still powerless as of the end

of September.180

Damages to Mississippi’s economy were also

substantial—the state’s agricultural, forestry, gaming,

maritime, and poultry industries all suffered extensive

damages.181 For example, the state reported that its two

biggest crops—poultry and forestry—were very hard

hit, with at least two years’ worth of timber destroyed

(worth $1.3 billion) and the value of the poultry industry

dropping by six percent due to hurricane damage

(including the estimated loss of 8 million birds and

damage to 2,400 of the state’s 9,000 poultry houses, 300

of which were totally devastated).182 The state’s dairy

industry suffered losses estimated to exceed $6 million,

and 20 percent of the expected rice and corn harvests may

have been lost.183

The costs and volume of response and clean-up activity

in Mississippi refl ect the enormous damage Katrina left

behind. For example, a month and a half after landfall,

the state reported the total cost of assistance it received via

EMAC was over $327 million ($176 million in civilian

costs and $151 million in National Guard expenses).184

According to the National Emergency Management

Association (NEMA, which administers the EMAC185),

commonly requested resources included fi refi ghters, search

and rescue personnel, HAZMAT personnel, emergency

medical technicians, state police, sheriffs, fi sh and wildlife

personnel, corrections personnel, livestock inspectors,

bridge inspectors, airport maintenance personnel,

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ambulances, medical doctors, registered nurses and

National Guard Troops.186 In total, at least 33 states aided

the law enforcement response effort in Mississippi through

the EMAC.187

Federal costs in Mississippi have also been

substantial.188 FEMA reports that, as of January 4, 2006

it had disbursed in Mississippi just over $1 billion in

assistance via its Individuals and Households Program

and obligated to the state and local governments $666

million in public assistance to repair things like roads and

bridges. SBA, FEMA reports, has approved home, business,

and economic injury loans totaling over $529 million.

USACE has installed nearly 50,000 temporary roofs

through its Operation Blue Roof program (making that

effort 99 percent complete) and, in addition to the efforts

of local governments and contractors, removed more than

23 million cubic yards of debris. While just over 30,000

FEMA travel trailers and mobile homes are now occupied

in Mississippi, four shelters housing 759 people remained

open at year’s end.

Louisiana — impact of Hurricane Katrina

On August 28, at 10 a.m. CDT, the NWS fi eld offi ce in

New Orleans issued a bulletin predicting catastrophic

damage to New Orleans, including partial destruction

of half of the well-constructed houses in the city, severe

damage to most industrial buildings rendering them

inoperable, the creation of a huge debris fi eld of trees,

telephone poles, cars, and collapsed buildings, and a lack

of clean water.189 As previously noted, NWS predicted

the impact on Louisiana would be a human suffering

incredible by modern standards.” Unfortunately, much of

what the NWS predicted came to pass.

With intense gale-force winds and massive storm surge,

the effect of Hurricane Katrina on Southeast Louisiana

was indeed catastrophic. After 11:00 a.m. CDT on August

29, several sections of the levee-system in New Orleans

breached, and 80 percent of the city was under water at

peak fl ooding, which in some places was 20 feet deep. The

extensive fl ooding left many residents stranded long after

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Hurricane Katrina had

passed, unable to leave

their homes. Stranded

survivors dotted the

tops of houses citywide.

Flooding in the 9th

Ward sent residents onto

rooftops seeking aid.

Many others were trapped

inside attics, unable

to escape. Some chopped their way to their roofs with

hatchets and sledge hammers, which residents had been

urged to keep in their attics in case of such events. Clean

water was unavailable and power outages were expected to

last for weeks.

Katrina took approximately 1,100 lives in Louisiana,

most due to the widespread storm surge-induced fl ooding

and its aftermath in the New Orleans area.190 Fatalities

included some of those widely seen on the media — bodies

at refugee centers, such as an old woman in a wheelchair

who had been covered with a cloth, and a man dead on

the interstate. In addition to fl ooding, contaminated water

also caused deaths—on September 6, E. coli was detected in

the water supply and, according to the Centers for Disease

Control and Prevention (CDC), fi ve people died from

bacterial infections caused by the toxic waters.191

The economic and environmental ramifi cations of

Katrina have been widespread and could in some respects

be long-lasting due to effects on large population and

tourism centers,

the oil and gas

industry, and

transportation.

The hurricane

severely damaged

or destroyed

workplaces in

New Orleans

and other heavily

populated areas of

the northern Gulf

coast, resulting in

thousands of lost

jobs and millions

of dollars in lost

tax revenues

for the affected

communities.192

All told, 41 of

Louisiana’s 64 parishes suffered serious damage.193

Thousands of homes and businesses throughout entire

neighborhoods in the New Orleans metropolitan area

were destroyed by the fl ood. Strong winds also caused

damage in the New Orleans area, including downtown,

where windows in some high rise buildings were blown

out and the roof of the Louisiana Superdome partially

peeled away.

As of mid-January, 2006, the federal costs FEMA

reported for Louisiana were enormous. Specifi cally,

FEMA said it had provided $4 billion directly to Katrina

victims for fi nancial and housing assistance through its

Individuals and Housing Program, an amount it projected

will eventually grow to a total of $7.7 billion (including

costs from Hurricane Rita in late September 2005).194

FEMA had paid out an additional $3.1 billion in housing

assistance to victims of Katrina and Rita and projected it

will pay $17 billion in claims under the National Flood

Insurance Program to policyholders in Louisiana.

Likewise, loan activity in the wake of Hurricanes

Katrina and Rita has been substantial. FEMA has approved

$539 million in Community Disaster Loans in Louisiana

for essential public services in hard-hit communities,

including a $120 million loan to the city of New

Orleans, and SBA has approved $1.3 billion in loans to

homeowners and renters and $252 million in disaster

assistance loans to businesses.195 ■

NWS predicted Karina could “make human suffering incredible by modern standards.”

AP PHOTO/CHRISTOPHER MORRIS/VII

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1 Federal Emergency Management Agency (FEMA), Commodity status by site as of Aug. 28, 2005, (10:00 a.m.). 2 Press Conference with Offi cials from the Department of Homeland Security, Justice Department, Defense Department, the National Guard

Bureau, U.S. Coast Guard and FEMA, CNN, et al, Sept. 1, 2005 [hereinafter DHS Press Conference], available at http://www.dhs.gov/dhspublic/ display?theme=43&content=4779&print=true (last visited Jan. 25, 2005).

3 Interview by Select Comm. Staff with Bill Lokey, FEMA Federal Coordinating Offi cer, in Washington, DC (Dec. 2, 2005) [hereinafter Lokey Interview].

4 Federal Emergency Management Agency, Commodity status by site as of Aug. 28, 2005 (10:00 a.m.). 5 Hearing on Hurricane Katrina: The Role of the Federal Emergency Management Agency Before Select Comm., 109th Cong. (Sept. 27, 2005) at 54-55

(statement of Michael Brown) [hereinafter Sept. 27, 2005 Select Comm. Hearing]. 6 Id. at 63-64 (statement of Michael Brown). 7 Id. at 34 (statement of Michael Brown). 8 Press Release, FEMA, Assistance Continues To Areas Impacted By Hurricane Katrina (Press Release No. HQ-05-175) (Aug. 29, 2005), available

at http://www.fema.gov/news/newsrelease_print.fema?id=18471 (last visited Jan. 26, 2006). 9 Press Release, Dept. Homeland Security, United States Government Response to the Aftermath of Hurricane Katrina (Sept. 1, 2005), available at

http://www.dhs.gov/dhspublic/display?theme=43&content=4777&print=true (last visited Jan. 26, 2006). 10 Letter from Haley Barbour, Governor of Mississippi, to George W. Bush, President of the United States (Aug. 27, 2005); Mississippi, Emergency

and Related Determinations (FEMA-3213-EM), 70 Fed. Reg. 53,229 (Aug. 28, 2005). 11 Letter from Haley Barbour, Governor of Mississippi, to George W. Bush, President of the United States (Aug. 28, 2005); Mississippi, Major

Disaster and Related Determinations (FEMA-1604-DR), 70 Fed. Reg. 72,549 (Aug. 28, 2005, as amended Dec. 20, 2005). 12 Mississippi Emergency Management Agency, Status of Emergency Management Capability (Feb. 01, 2005). 13 See, DHS, National Incident Management System, 2 (Mar. 1, 2004) at ix, 1-4, 7, available at http://www.dhs.gov/interweb/assetlibrary/NIMS-90-

web.pdf (last visited Jan. 22, 2006) [hereinafter NIMS]. NIMS was developed by the Department of Homeland Security to implement HSPD-5, which directed DHS to develop a new national plan for managing emergencies. NIMS defi nes the roles and responsibilities of federal, state, and local fi rst responders during emergencies and establishes a core set of concepts, principles, terminology, and organizational processes to enable effective, effi cient, and collaborative emergency event management at all levels. The concepts, principles, and processes underlying the NIMS are intended to improve the ability of different jurisdictions and fi rst-responder disciplines to work together in various areas, such as command and communications. DHS describes the NIMS ICS as the “standardized incident organizational structure for the management of all [domestic] incidents.” The ICS provides a common organizational structure for the immediate response to emergencies and involves the coordination of personnel and equipment on-site at an incident.

14 Hearing on Hurricane Katrina: Preparedness and Response by the State of Mississippi, Before Select Comm., 109th Cong. (2005) at 3 (written statement of William L. Carwile) [hereinafter Dec. 7, 2005 Select Comm. Hearing]; see also, Dec. 7, 2005 Select Comm. Hearing at 39-40 (statement of William L. Carwile); see also, Dec. 7, 2005 Select Comm. Hearing at 33-34 (statement of Robert R. Latham, Jr.).

15 Dec. 7, 2005 Select Comm. Hearing at 5 (written statement of Robert R. Latham, Jr.). 16 See generally, Mississippi Emergency Management Agency, Preparedness and Response Timeline—Hurricane Katrina [hereinafter MS Timeline]. 17 MS Timeline at 1-2. 18 Mississippi Emergency Management Agency, Director’s Brief as of 1900 hours, Aug. 28, 2005 (MEMA -0010688) (Aug. 28, 2005) at 3. 19 Dec. 7, 2005 Select Comm. Hearing at 2 (written statement of William L. Carwile). 20 Id. at 6 (statement of Robert R. Latham, Jr.). 21 Id. at 64-65 (statement of Haley Barbour). 22 Id. at 2 (written statement of Robert R. Latham, Jr.). 23 MEMA Timeline at 2. 24 Id. at 3. 25 Mississippi Emergency Management Agency, Director’s Brief as of 0430 hours, Aug. 29, 2005 (MEMA -0010696) (Aug. 29, 2005) at 1. 26 Mississippi Emergency Management Agency, Director’s Brief as of 1900 hours, Aug. 28, 2005 (MEMA -0010688) (Aug. 28, 2005) at 3. 27 Mississippi Emergency Management Agency, Director’s Brief as of 0430 hours, Aug. 29, 2005 (MEMA -0010696) (Aug. 29, 2005) at 1. 28 Mississippi Emergency Management Agency, Director’s Brief as of 0502 hours, Aug. 29, 2005 (MEMA -0010700) (Aug. 29, 2005) at 2. 29 Id. at 2. 30 Hearing on Hurricane Katrina: Preparedness and Response by the Department of Defense, the Coast Guard, and the National Guard of Louisiana,

Mississippi, and Alabama Before Select Comm., 109th Cong. (2005) at 22-23 (statement of Harold A. Cross), [hereinafter Oct. 27, 2005 Select Comm. Hearing]; see also, E-mail correspondence from LTC Rodney Neudecker, Mississippi Sr. Army Advisor Guard, to Lt. General Russel Honoré, Commander, Joint Task Force Katrina (Aug. 27, 2005; 3:50 p.m.).

31 Interview by Select Comm. with Major General Harold A. Cross, Adjutant General (TAG), in Jackson, MS (Oct. 12, 2005) [hereinafter Cross Interview].

32 E-mail correspondence from Colonel Penn, Defense Co-ordination Offi ce for Mississippi, to Lt. General Russel Honoré, Commander, Joint Task Force Katrina (Aug. 30, 2005; 7:47 a.m.); see also Mississippi National Guard Joint Force Headquarters, Operation Secure Magnolia, Hurricane Katrina Aug. 26-Present; see also, E-mail correspondence from LTC Rodney Neudecker, Mississippi Sr. Army Advisor Guard, to Lt. General Russel L. Honoré, Commander, Joint Task Force Katrina (Aug. 28, 2005; 11:26 a.m.); see generally, Mississippi Emergency Management Agency, Hurricane Situation Report #24 (Sept. 1, 2005; 00:35 a.m.).

33 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Major General Harold A. Cross). 34 Id. 35 Id. 36 Id. 37 Id.

76 A FAILURE OF INITIATIVE

38 Id. 39 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Major General Harold A. Cross); see also, E-mail

correspondence from LTC Rodney Neudecker, Mississippi Sr. Army Advisor Guard, to Lt. General Russel L. Honoré, Commander, Joint Task Force Katrina (Aug. 28, 2005; 11:26 a.m.); see also, E-mail correspondence from LTC Rodney Neudecker, Mississippi Sr. Army Advisor Guard, to Lt. General Russel L. Honoré; see also, Commander, Joint Task Force Katrina (Aug. 28, 2005; 4:42 a.m.).

40 E-mail correspondence from LTC Rodney Neudecker, Mississippi Sr. Army Advisor Guard, to Lt. General Russel L. Honoré , Commander, Joint Task Force Katrina (Aug. 28, 2005; 11:26 a.m.); E-mail correspondence from Lt. Col. Rodney Neudecker, Mississippi Sr. Army Advisor Guard, to Lt. General Russel L. Honoré; see also, Commander, Joint Task Force Katrina (Aug. 28, 2005; 4:42 a.m.).

41 E-mail correspondence from Lt. Col. Rodney Neudecker, Mississippi Sr. Army Advisor Guard, to Lt. General Russel L. Honoré, Commander, Joint Task Force Katrina (Aug. 28, 2005; 11:26 a.m.); E-mail correspondence from LTC Rodney Neudecker, Mississippi Sr. Army Advisor Guard, to Lt. General Russel L. Honoré; see also, Commander, Joint Task Force Katrina (Aug. 28, 2005; 4:42 a.m.).

42 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Major General Harold A. Cross). 43 Oct. 27, 2005 Select Comm. Hearing at 26 (statement of Major General Harold A. Cross). 44 See generally, Daily Video Teleconferences amongst offi cials dated Aug. 25 – Sept. 4, 2005 [hereinafter “Daily VTC”]. State and local offi cials

from each of the impacted areas met daily with offi cials from, among other agencies, FEMA, and the National Hurricane Center. 45 Interview by Select Comm. Staff with Toby Roth, Chief of Staff to Governor Barbour, and Dave Stewart, Policy Advisor to Governor Barbour, in

Montgomery, AL (Oct. 12, 2005) [hereinafter Roth / Stewart Interview]. 46 FEMA, Chronology and Time Line, (DHS-FEMA-070-0001256). 47 Hearing on Hurricane Katrina: Preparedness and Response by the State of Alabama Before Select Comm., 109th Cong. (2005) at 86 (statement Leigh

Ann Ryals) [hereinafter Nov. 9, 2005 Select Comm. Hearing]; see also, Nov. 9, 2005 Hearing at 93 (statement Walter Dickerson). 48 Letter from Bob Riley, Governor of Alabama, to George W. Bush, President of the United States (Aug. 28, 2005). 49 Letter from George W. Bush, President of the United States to Bob Riley, Governor of Alabama (Aug. 29, 2005). 50 Letter from Bob Riley, Governor of Alabama, to George W. Bush, President of the United States (Aug. 28, 2005). 51 See, Letter from George W. Bush, President of the United States to Bob Riley, Governor of Alabama (Aug. 29, 2005); see, Alabama; Major

Disaster and Related Determinations, 70 Fed. Reg. 71,540-71,541 (Aug. 29, 2005, as amended Nov. 29, 2005). 52 Level I being the highest (a declared disaster) and Level IV being the lowest (daily operating level). The AL EOP is in the process of being

revised. The State of Alabama, with a view to being NRP and NIMS compliant, has reversed its ordering of the activation levels, i.e., Level I is now Level IV. See, E-mail correspondence from Bill Filter, Alabama Emergency Management Agency, Operations Department, to Select Comm. Staff (Nov. 8, 2005).

53 Interview by Select Comm. Staff with Charles Williams, Division Chief of Preparedness and Tim Payne, Branch Chief Emergency Management Program Coordinate, in Clanton, AL (Oct. 11, 2005) [hereinafter Williams / Payne Interview].

54 Williams / Payne Interview; see also, Roth / Stewart Interview. 55 Roth / Stewart Interview. 56 See, ALA. CODE §§ 31-9-6 (4); 31-9-8 (4); 31-9-14 and 31-9-15 (2005). 57 William / Payne Interview. 58 Id. 59 EM2000 messages from Aug. 23 through Sept. 15 were provided to the Select Comm. See generally, EM/2000 Tracker System Message Database

(Aug. 23 – Sept. 15, 2005). 60 Interview by Select Comm. Staff with Dr. Donald E. Williamson, MD, Alabama State Health Director, in Montgomery, AL (Oct. 12, 2005)

[hereinafter Williamson Interview]. 61 Meeting Summaries, FEMA Regional Emergency Liaison Team Conference Calls (Aug. 28, 2005 – Sept. 02, 2005). 62 Alabama Emergency Management Agency, EM/2000 Tracker System Message 05-1839, (Aug. 29, 2005) (Doc. No. 002771AL). The AEMA

Situation Report (SitRep) #8 also contained the following: “The Department has a list of 15 facilities across the state that will house animals evacuated because of the hurricane. The list, along with contact information and type of animal is posted on the Department website as well as on the EM2000. Some of these facilities will house small animals such as dogs and cats; however, most only house horses. The total number of animals that can be accommodated is over 2,000. Late this morning it was reported that just under 100 horses were being sheltered.” Alabama Emergency Management Agency / Emergency Operation Center, Situation Report #8 (Doc. No. 000235AL) (Sept. 1, 2005).

63 Alabama Emergency Management Agency / Emergency Operation Center, Situation Report #12 (Doc. No. 000312AL) (Sept. 5, 2005). 64 Letter from Kathleen Babineaux Blanco, Governor of LA, to George W. Bush, President of the United States (Aug. 27, 2005). 65 Louisiana: Emergency and Related Determinations, 70 Fed. Reg. 53,238 (Aug. 27, 2005, as amended Sept. 7, 2005). 66 Louisiana: Emergency and Related Determinations, 70 Fed. Reg. 53,238 (Aug. 27, 2005, as amended Sept. 7, 2005). 67 Letter from Kathleen Babineaux Blanco, Governor of LA, to George W. Bush, President of the United States (Aug. 28, 2005). 68 Louisiana; Major Disaster and Related Determinations, 70 Fed. Reg. 72,458 (Aug. 29, 2005, as amended Dec. 5, 2005). 69 Interview by Select Comm. Staff with LTC William Doran, Chief, Operations Division, LA Offi ce of Homeland Security and Emergency

Preparedness (LOHSEP), in Baton Rouge, LA (Nov. 7, 2005) [hereinafter Doran Interview]; see Interview by Select Comm. Staff with Jim Ballou, Operations Division, LA Offi ce of Homeland Security and Emergency Preparedness (LOHSEP), in Baton Rouge, LA (Nov. 7, 2005) [hereinafter Ballou Interview].

70 Interview by Select Comm. Staff with Rex McDonald, Information Technology and Communications Director, Department of Public Safety and Corrections, in Baton Rouge, LA (Nov. 7, 2005) [hereinafter McDonald Interview].

71 Audio recordings of Hurricane Katrina Conference Calls, LA State Emergency Operations Center (Aug 26-28, 2005). 72 See Ballou Interview; see also, Doran Interview. 73 Interview by Select Comm. Staff with General Joseph B. Veillon, Louisiana National Guard Commander for Task Force Minnow, in New

Orleans, LA (Nov. 3, 2005) [hereinafter Veillon Interview]. 74 Interview by Select Comm. Staff with Dr. Walter Maestri, Emergency Manager for Jefferson Parish, in New Orleans, LA (Nov. 8, 2005)

[hereinafter Maestri Interview].

A FAILURE OF INITIATIVE 77

75 Superdome Personnel, MREs, and Water from 28 Aug. – 3 Sept., Table: provided by staff from LA Governor Blanco’s offi ce (Dec. 2005). 76 Hearing on Rebuilding Highway and Transit Infrastructure on the Gulf Coast following Hurricane Katrina: State and Local Offi cials Before the House

Subcommittee on Highways, Transit and Pipelines, 109th Cong. (Oct. 27, 2005) at 1 (statement by William J. DeVille) [hereinafter Oct. 27, 2005 T&I Hearing].

77 Audio recordings of Hurricane Katrina Conference Calls, LA State Emergency Operations Center (Aug. 26-28, 2005). 78 Id. 79 Audio recordings of Hurricane Katrina Conference Calls, LA State Emergency Operations Center (Aug. 26-29, 2005). 80 Id. 81 Id. 82 Id. 83 Interview by Select Comm. Staff with Andy Kopplin, Chief of Staff to Governor Blanco, in Baton Rouge, LA (Nov. 6, 2005) [hereinafter Kopplin

Interview]. 84 Audio recordings of Hurricane Katrina Conference Calls, LA State Emergency Operations Center (Aug. 26-28, 2005). 85 Id. 86 Id. 87 Maestri Interview. 88 Audio recordings of Hurricane Katrina Conference Calls, LA State Emergency Operations Center (Aug. 26-29, 2005). 89 Id. 90 Id. 91 Id. 92 Interview by Select Comm. Staff with Terry Ebbert, Director of Homeland Security for the City of New Orleans, in New Orleans, LA (Nov. 9,

2005) [hereinafter Ebbert Interview]; see also, Maestri Interview. 93 Audio recordings of Hurricane Katrina Conference Calls, Louisiana State Emergency Operations Center (Aug. 26-29, 2005). 94 Table: Superdome Personnel, MREs, and Water from 28 Aug. – 3 Sept., provided by staff from Louisiana Governor Blanco’s offi ce (Dec. 2005). 95 Oct. 27, 2005 T&I Hearing (statement of William DeVille). 96 Id. 97 Id. 98 Maestri Interview. 99 E-mail correspondence from Chairman, Joint Chiefs of Staff, to Department of Defense, et al (Aug. 19, 2005). This subject of this e-mail was a

“Severe Weather Execute Order (EXORD) for DOD Support to Federal Emergency Management Agency (FEMA).” 100 Department of Defense OASD HD, Hurricane Katrina/Rita/Ophelia Interim Timeline (Aug. – Sept. 2005) (Nov. 2, 2005) at 2 [hereinafter DOD

Timeline]; see also, Oct. 27, 2005 Select Comm. Hearing at 3 (written statement by Timothy J. Keating). 101 DOD Timeline at 2. 102 Id. at 2-3. 103 DOD Timeline at 3; see Col. Kranepuhl – Chief Operations, US Army, 1A Commander’s Hurricane Assessment (Aug. 29, 2005), First US Army

(Doc No. MMTF 00346-05) (Aug. 29, 2005); see also, Col. Kranepuhl – Chief Operations, US Army, 1A Commander’s Hurricane Assessment (Aug. 30, 2005), First US Army (Doc No. MMTF 00349-05) (Aug. 30, 2005).

104 DOD Timeline at 4. 105 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of LTG H Steven Blum). 106 United States National Guard, Hurricane Katrina: National Guard After Action Review (Dec. 21, 2005) at 1. 107 Interview by Select Comm. Staff with General H Steven Blum, Chief, National Guard, in Arlington, VA, (Oct. 19, 2005) [hereinafter Blum

Interview]; see also, Interview by Select Comm. Staff with LT General Daniel James, III, Director of Air National Guard, in Arlington, VA, (Oct. 19, 2005) [hereinafter James Interview; see also, Interview by Select Comm. Staff with LT General Clyde A. Vaughn, Director of Army National Guard, in Arlington, VA, (Oct. 19, 2005) [hereinafter Vaughn Interview].

108 United States National Guard, Hurricane Katrina: National Guard After Action Review (Dec. 21, 2005) at 1; see also, Blum Interview; see also, James Interview; see also, Vaughn Interview.

109 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of General Landreneau; see also, Interview by Select Comm. Staff with Major General Cross, State Adjutant General of MS, in Jackson, MS (Oct. 12, 2005) [hereinafter Cross Interview].

110 United States National Guard, Hurricane Katrina: National Guard After Action Review (Dec. 21, 2005) at 10. 111 See, Interview by Select Comm. Staff with Scott Wells, Field Offi cer, FEMA [hereinafter Wells Interview], in Baton Rouge, LA (Nov. 9, 2005); see

also, Interview by Select Comm. Staff with Stephen Dabadie, Chief of Staff to LA Adjutant General Landrenau, LA National Guard, in Baton Rouge, LA (Nov. 4, 2005) [hereinafter Dabadie Interview].

112 Louisiana Nat’l Guard, Overview of Signifi cant Events Hurricane Katrina at 4 (Dec. 7, 2005) [hereinafter LANG Overview]. 113 Id. at 5. 114 See, Dabadie Interview; see also, Interview by Select Comm. Staff with Gordon Nelson, LA Dep’t of Transportation and Development, in Baton

Rouge, LA, Nov. 4, 2005 [hereinafter Nelson Interview]. 115 Interview by Select Comm. Staff with Jiff Hingle, Plaquemines Parish Sherriff, in New Orleans, LA (Nov. 7, 2005). 116 Nelson Interview. 117 Interview by Select Comm. Staff with Mark Bowen, Adjutant General, AL National Guard, in Montgomery, AL, Oct. 12, 2005 [hereinafter

Bowen Interview]. 118 Alabama National Guard, AL National Guard Katrina Response Notebook, 4-1. 119 Bowen Interview. 120 Id. 121 Alabama National Guard, AL National Guard Katrina Response Notebook, 4-1. 122 Bowen Interview.

78 A FAILURE OF INITIATIVE

123 Id. 124 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of General Harold A. Cross). 125 Id. 126 Briefi ng to Select Comm. Staff with US Army Corps of Engineers, in Washington, D.C. (Oct. 28, 2005) at 7 [hereinafter ACE Briefi ng]; see also,

Hearing on Hurricane Katrina: The Role of Federal Agency Contracting in Disaster Preparedness Before Select Comm., 109th Cong. (Nov. 2, 2005) at 1-2 (written statement of Col. Norbert Doyle) [hereinafter Nov. 2, 2005 Select Comm. Hearing].

127 Briefi ng to Select Comm. to Invest. the Preparation for and Response to Hurricane Katrina Staff with US Army Corps of Engineers, in Washington, DC (Oct. 28, 2005) at 7 [hereinafter ACE Briefi ng]; see also, Hearing on Hurricane Katrina: The Role of Federal Agency Contracting in Disaster Preparedness Before Select Comm., 109th Cong. (Nov. 2, 2005) at 1-2 (written statement of Colonel Norbert Doyle) [hereinafter Nov. 2, 2005 Select Comm. Hearing].

128 Hurricane Katrina: Who’s In Charge of the New Orleans Levees? Before Senate Committee on Homeland Security and Governmental Affairs, 109th Cong. (Dec. 15, 2005) at 4 (statement of USACE/Col Wagenaar) [hereinafter Dec. 15, 2005 Senate Hearing].

129 Dec. 8, 2005 Senate Hearing at 4 (statement of USACE/Col Wagenaar). 130 United States Coast Guard, Coast Guard Atlantic Area situation report, 270024Z (Doc. No. DHS-USCG-0002-0000006) (Aug. 26, 2005; 8:24

p.m. EDT). Note: the Atlantic Area is the Portsmouth, Virginia Command. Note: this report was created at 0024 Zulu Time. Zulu Time is the same as Greenwich Mean Time (GMT). During the summer months, the time in Portsmouth is GMT-4 hours.

131 United States Coast Guard, Coast Guard Atlantic Area situation report, 270024Z (Doc. No. DHS-USCG-0002-0000006) (Aug. 26, 2005; 8:24 p.m. EDT).

132 United States Coast Guard, Coast Guard District Eight situation report, 271638Z (Doc. No. DHS-USCG-0002-0000003) (Aug. 27, 11:38 a.m. CDT). Note: District Eight is the New Orleans, Louisiana Command, which was relocated to St. Louis, Missouri during Hurricane Katrina. Note: This report was created at 1638 Zulu Time. Zulu Time is the same as Greenwich Mean Time (GMT). During the summer months, the time in St. Louis is GMT -5 hours.

133 United States Coast Guard, Coast Guard District Eight situation report, 290413Z (Doc. No. DHS-USCG-0001-0004044) (Aug. 28, 11:13 p.m. CDT).

134 United States Coast Guard, Coast Guard Atlantic Area situation report, 290413Z (Doc. No. DHS-USCG-0001-0004044) (Aug. 29, 2005; 12:13 a.m. EDT).

135 United States Coast Guard, Coast Guard District Eight situation report, 290413Z (Doc. No. DHS-USCG-0001-0004044) (Aug. 28, 2005; 11:13 p.m. EDT).

136 United States Coast Guard, Coast Guard District Eight situation report, 290413Z (Doc. No. DHS-USCG-0001-0004044) (Aug. 28, 2005; 11:13 p.m. EDT).

137 United States Coast Guard, Coast Guard District Eight situation report, 281534Z (Doc. No. DHS-USCG-0002-0000008) (Aug. 28, 2005; 10:34 a.m. CDT).

138 See generally, Hurricane Katrina: Always Ready: The Coast Guard’s Response to Hurricane Katrina Before Senate Committee on Homeland Security and Governmental Affairs, 109th Cong. (Nov. 9, 2005) (statement of Rear Admiral Robert Duncan) [hereinafter Nov. 9, 2005 Senate Hearing].

139 United States Coast Guard, Coast Guard Atlantic Area situation report, 290900Z (Doc. No. DHS-USCG-0001-0004053) (Aug. 29, 2005; 05:00 a.m. EDT).

140 United States Coast Guard, Coast Guard District Eight situation report, 281534Z (Doc. No. DHS-USCG-0002-0000008) (Aug. 28, 2005; 10:34 a.m. CDT).

141 United States Coast Guard, Coast Guard District Eight situation report, 291541Z (Doc. No. DHS-USCG-0001-0004058) (Aug. 29, 2005; 10:41 a.m. CDT).

142 Briefi ng to Select Comm. Staff with Coast Guard regarding Response and Recovery Operations and Authorities, in Washington, D.C. (Oct. 27, 2005).

143 E-mail correspondence from Carol Hall, American Red Cross, to Kirstjen M. Nielsen, et al, (Doc. No. WHK-16197) (Aug. 28, 2005; 2:48 p.m.). 144 American Red Cross, Disaster Operations Summary Report #7, Aug. 28, 2005; update as of 5:00 p.m. at 2. 145 Id. at 3. 146 American Red Cross, Disaster Operations Summary Report #9, Aug. 28, 2005; update as of 3:00 p.m. at 3. 147 American Red Cross, Disaster Operations Summary Report #9, Aug. 28, 2005; update as of 3:00 p.m. at 2. 148 National Hurricane Center, Nat’l Weather Serv., Hurricane Katrina Discussion No. 14, (Aug. 26, 2005) (5:00 p.m. EDT). 149 National Hurricane Center, Nat’l Weather Serv., Hurricane Katrina Probabilities No. 15, (Aug. 26, 2005) (11:00 p.m. EDT). 150 Hearing on Hurricane Katrina: Predicting Hurricanes: What We Knew About Katrina and When Before Select Comm., 109th Cong. (Sept. 22, 2005),

[Hereinafter Sept. 22, 2005 Select Comm. Hearing] (statement of Max Mayfi eld). 151 Id. at 3 (written statement of Max Mayfi eld). 152 Id. at 5 (statement of Max Mayfi eld). 153`Id. at 51-52 (statement of Max Mayfi eld). 154 Id. at 52 (statement of Max Mayfi eld) 155 Id. at 51 (statement of Max Mayfi eld). 156 Id. at 3 (written statement of Max Mayfi eld). 157 Id. at 59-60 (statement of Max Mayfi eld) 158 Id. at 3 (written statement of Max Mayfi eld). 159 Id. 160 Public Advisory, National Weather Center (New Orleans, LA), Urgent Weather Message: Devastating damage expected (Aug. 28, 2005;

10:11 a.m. CDT). 161 John Pain, Federal Forecasters Got Hurricane Right, ASSOC. PRESS, Sept. 16, 2005. 162 Id. 163 Id.

A FAILURE OF INITIATIVE 79

164 Id. 165 Sept. 22, 2005 Select Comm. Hearing at 47 (statement of Max Mayfi eld). 166 Id. at 12 (written statement of Max Mayfi eld) (reporting that Katrina made landfall as a Category 4 storm with 140 mph winds. The NHC’s

fi nal report on Katrina, released Dec. 20, revised this information. Regardless, “it was the costliest and one of the fi ve deadliest hurricanes to ever strike the United States,” the NHC report said); Richard D. Knabb, et al, National Hurricane Center, Tropical Cyclone Report, Hurricane Katrina, 23-30 Aug. 2005 at 1 (Dec. 20, 2005) [hereinafter NHC Katrina Report].

167 NHC Katrina Report at 3, 7-9. 168 Id. at 11. 169 Id. 170 EM 2000 Message no. 05-1878, (Bates no. AL002716); Nov. 7, 2005 Select Comm. Hearing at 30 (statement of Governor Bob Riley). 171 Garry Mitchell, Katrina’s painful blow to coast Alabama’s top story in 2005, ASSOC. PRESS, Dec. 24, 2005. 172 Id. 173 Alabama Emergency Management Agency / Emergency Operation Center, Situation Report #5 (Doc. No. 000205AL) (Aug. 30, 2005); see also,

Kathleen Koch, Katrina Drenches Mobile, CNN, Aug. 30, 2005. 174 Federal Emergency Management Agency, Katrina Disaster Aid to Alabama Surpasses $516 Million, (FEMA Release No. 1605-162) (Jan. 17, 2006)

available at http://www.fema.gov/news/newsrelease.fema?id=22538 (last visited Jan. 26, 2006). 175 NHC Katrina Report at 11. 176 Id. at 3, 7-9. Wind speed estimates calculated using KTS to mph converter at http://www.disastercenter.com/convert.htm. 177 Interview by Select Comm. Staff with Bobby Strahan, Director, River County EMA, in Washington, D.C. (Nov. 29, 2005) [hereinafter Strahan

Interview]. 178 Interview with Robert Latham, Director, MS Emergency Management Agency, in Washington, D.C. (Jan, 2006) [hereinafter Latham Interview]. 179 Virginia W. Mason, Congressional Research Service, (CRS Publication RL33141) Hurricane Katrina Social-Demographic Characteristics of Impacted

Areas, (Nov. 4, 2005) at 2. 180 See, Mississippi Emergency Management Agency, Hurricane Situation Report #22 (Aug. 31, 2005; see, 12:00 p.m.); FEMA-MEMA, Joint Field

Offi ce Situation Report SITREP 30 / FEMA-1604-DR-MS (Sept. 25, 2005 07:00 a.m. – Sept., 26, 2005 06:59 a.m. 181 NHC Katrina Report at 11. 182 See Press Release, State’s agriculture exceeds $6 billion, MS State Univ., Offi ce of Agricultural Communications, Dec 15. 2005, available at

http://msucares.com/news/print/agnews/an05/051215all.html (last visited Jan. 26, 2006); see also, Press Release, Timber industry salvages profi ts, MS State Univ., Offi ce of Agricultural Communications, Dec 15. 2005, available at http://msucares.com/news/print/agnews/an05/ 051215forest.html (last visited Jan. 26, 2006); see also, Press release, Katrina leaves damaged crops, fuel frustrations, MS State Univ., Offi ce of Agricultural Communications, Dec 15. 2005, available at http://msucares.com/news/print/cropreport/crop05/050902.html (last visited Jan. 26, 2006); see also, Press release. Katrina drops poultry’s estimated farm value, MS State Univ., Offi ce of Agricultural Communications, Dec 15. 2005, available at http://msucares.com/news/print/agnews/an05/051215poultry.html (last visited Jan. 26, 2006).

183 See Press Release, State’s agriculture exceeds $6 billion, MS State Univ., Offi ce of Agricultural Communications, Dec 15. 2005, available at http://msucares.com/news/print/agnews/an05/051215all.html (last visited Jan. 26, 2006); see also, Press Release, Timber industry salvages profi ts, MS State Univ., Offi ce of Agricultural Communications, Dec 15. 2005, available at http://msucares.com/news/print/agnews/an05/ 051215forest.html (last visited Jan. 26, 2006); see also, Press release, Katrina leaves damaged crops, fuel frustrations, MS State Univ., Offi ce of Agricultural Communications, Dec 15. 2005, available at http://msucares.com/news/print/cropreport/crop05/050902.html (last visited Jan. 26, 2006); see also, Press release. Katrina drops poultry’s estimated farm value, MS State Univ., Offi ce of Agricultural Communications, Dec 15. 2005, available at http://msucares.com/news/print/agnews/an05/051215poultry.html (last visited Jan. 26, 2006).

184 Mississippi EMAC, Cost Tracker as of Oct. 10, 2005 (Oct. 11, 2005). 185 See, Keith Bea, The Emergency Management Assistance Compact (EMAC): An Overview (Jan. 5, 2006) (CRS Publication RS21227) at 1-2. 186 See, Emergency Management Assistance Compact (EMAC), EMAC Request, MS: Katrina (unaudited draft), Nov. 3, 2005 [hereinafter EMAC

Requests]. 187 See, EMAC Requests. 188 See Federal Emergency Management Agency, Weekly Katrina Response Update for Mississippi, Jan. 6, 2006, (FEMA Release No. 1604-202)

(Jan. 17, 2006), available at http://www.fema.gov/news/newsrelease.fema?id=22242 (last visited Jan. 26, 2006). 189 Public Advisory, National Weather Center (New Orleans, LA), Urgent Weather Message: Devastating damage expected (Aug. 28, 2005; 10:11

a.m. CDT). 190 NHC Katrina Report at 10-11. 191 Fox News, Five Deaths Linked to Polluted Flood Water, Sept. 7, 2005, available at http://www.foxnews.com/story/0,2933,168630,00.html (last

visited Jan. 26, 2006). 192 See, Hearing After the Hurricanes: Impact on the Fiscal Year 2007 Budget, Before House Budget Comm. 109th Cong. (Oct. 6, 2005) (statement

by Douglas Holtz-Eakin). 193 Dec. 14, 2005 Select. Comm. Hearing at 44 (statement of Kathleen Babineaux Blanco). 194 See FEMA, By the Numbers: Recovery update in Louisiana, (FEMA Release No. 1603-294) (Jan. 17, 2006) available at http://www.fema.gov/

news/newsrelease.fema?id=22551 (last visited Jan. 26, 2006). 195 See FEMA, By the Numbers: Recovery update in Louisiana, (FEMA Release No. 1603-294) (Jan. 17, 2006) available at http://www.fema.gov/

news/newsrelease.fema?id=22551 (last visited Jan. 26, 2006).

80 A FAILURE OF INITIATIVE

“[Hurricane Exercise] Pam was so very prescient. And yet Katrina highlighted many,

many weaknesses that either were not anticipated by Pam, or were lessons learned but

not heeded.

“That’s probably the most painful thing about Katrina, and the tragic loss of life: the

foreseeability of it all.” Chairman Tom Davis

Select Committee Hearing, December 14, 2005

G E

T T

Y I M

A G

E S

/C H

R IS

G R

A Y

T H

E N

A FAILURE OF INITIATIVE 81

The Hurricane Pam exercise refl ected recognition by all levels of government of the dangers of a catastrophic hurricane striking New Orleans

HURRICANE PAM

One of the key planning and preparedness steps many

of the local, state, and federal offi cials involved in the

response to Katrina in Louisiana took part in was the July

2004 exercise commonly known as “Hurricane Pam.”

FEMA funded and participated in this disaster simulation

exercise in which a fi ctional, strong category three — with

qualities of a category four — hurricane named Pam hit

the New Orleans area. Emergency offi cials from 50 parish,

state, federal, and volunteer organizations faced this

scenario during the fi ve-day exercise held at the Louisiana

State Emergency Operations Center in Baton Rouge.1

The purpose of the exercise was to help offi cials

develop joint response plans for a catastrophic hurricane

in Louisiana. While many found the Pam exercise to

be useful in executing a better response to Katrina, the

exercise also highlighted lessons learned that were not

implemented and did not anticipate certain weaknesses

that Katrina exposed.

The Hurricane Pam scenario focused on 13 parishes

in southeast Louisiana — Ascension, Assumption,

Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard,

St. Charles, St. James, St. John, St. Tammany, Tangipahoa,

and Terrebonne. Representatives from outside the primary

parishes, including offi cials from Mississippi’s Emergency

Management Agency (EMA), participated because hurricane

evacuation and sheltering involve communities throughout

Louisiana and into Arkansas, Mississippi, and Texas.2

The Hurricane Pam exercise scenario was prescient. The

virtual storm brought sustained winds of 120 mph, up

to 20 inches of rain in parts of Southeast Louisiana, and

storm surges that topped the levees and fl ooded the New

Orleans area. The exercise assumed that:3

■ 300,000 people would not evacuate in advance;

■ 500,000 to 600,000 buildings would be destroyed;

■ Phone and sewer services would be knocked out and

chemical plants would be fl ooded;

■ 97 percent of all communications would be down;

■ About 175,000 people would be injured, 200,000

would become sick, and more than 60,000 would be

killed;

■ About 1,000 shelters would be needed for evacuees;

■ Boats and helicopters would be needed for thousands

of rescues because many residents would be stranded

by fl oodwaters;

■ A catastrophic fl ood would leave swaths of southeast

Louisiana uninhabitable for more than a year.

The Pam simulation was designed and run by a private

contractor, Baton Rouge-based Innovative Emergency

Management Inc. (IEM). FEMA issued the Request for

Proposal in 2004 asking for speedy execution of the

catastrophic planning project. IEM was awarded the

contract for more than a half million dollars in May

2004 and was told by FEMA it had 53 days to mount

the exercise. As it can take up to eight months to write

an emergency plan, 6 to 12 months to train on the plan,

and about one year to issue the report, Pam was clearly

a different type of plan in scope, execution, and timing.

According to IEM President Madhu Beriwal, Hurricane

Pam was a “planning exercise” designed to develop

usable information in a much shorter timeframe.4 FEMA

and Louisiana offi cials accelerated the planning process

because of the overwhelming consensus that a category

fi ve hurricane hitting New Orleans was one of the most

likely and devastating disaster scenarios our nation faced,

Beriwal explained.

This effort was part of FEMA’s larger initiative for

conducting catastrophic disaster planning, in which it

chose 25 disaster scenarios based on priority of risk. A

hurricane hitting New Orleans was picked as the fi rst

scenario to be studied. According to Beriwal, “We were still

fairly early in the process” of developing a formal response

plan for New Orleans when Katrina made landfall.5

In July of 2004, IEM held its fi rst workshop. The initial

eight day workshop had over 300 participants from

federal, regional, and local agencies. The fi rst three days

were dedicated to establishing the specifi cs of the disaster

82 A FAILURE OF INITIATIVE

scenario and pre-landfall planning, the remaining fi ve

days to post-landfall logistics.

Offi cials were presented with a hurricane scenario

designed by Louisiana State University (LSU) researchers.

Ivor Van Heerden, an LSU professor who used computer

modeling to help create a realistic hurricane, said, “It

was a slow moving category three storm, something

that could quite easily happen, and designed so that it

totally fl ooded the city, so that the participants could

try to understand the full impacts of a fl ooded New

Orleans.”6 Indeed, experts involved in the Hurricane Pam

exercise were struck by the similarity of the simulation

to the actual destructive conditions wrought by Katrina.

According to Beriwal, Pam’s slow-moving category

three “made it virtually equal in force and devastation

to Katrina’s category four based on its surge and wind

capacity.”7 And, of course, Katrina itself was later

recategorized as a strong category 3.8

During the Pam simulation, participants broke into

groups and devised responses as the disaster scenario

unfolded. The workshop focused on issues ranging from

search and rescue and temporary sheltering to unwatering,

debris removal, and medical care. Not all issues, however,

were covered in the workshop. Beriwal said while issues

related to security and communications were on the

agenda, the development of a plan to coordinate the

displacement of school children took precedence.9 Beriwal

also said the issue of pre-landfall evacuation was not

addressed, although Exercise Pam did make the basic

presumption that the state and locals were responsible for

pre-landfall evacuations. Apparently FEMA directed IEM

to emphasize post-landfall and recovery issues in the Pam

exercise as pre-landfall evacuation had always been a focal

point in prior emergency disaster planning sessions.10

The Southeast Louisiana Catastrophic Hurricane Plan

was the product of these series of workshops. The Plan

was “designed to be the fi rst step toward producing a

comprehensive hurricane response plan, jointly approved

and implemented by federal, state, and city offi cials.”11 By

January 2005, IEM sent a draft planning document to the

state and localities based on the planning derived from

the July workshop. The delivery of the draft was expedited

to give the Southeast Louisiana emergency management

planners time to prepare for the 2005 hurricane season.

Indeed, IEM scurried to make the plan available at this

early date so offi cials could use it and translate it into

individual detailed operational plans.12 Beriwal noted

the plan was not meant to provide operational detail

but rather was designed to provide general guidance,

a sort of “to do list” for state and localities.13 Beriwal

further characterized the exercise as a “work in progress.”

She described IEM’s role as “facilitator and assessors of

consequences.”14

The plan itself outlines 15 subjects that emergency

managers should address during and after a catastrophic

storm hitting New Orleans. The report is detailed in

certain respects. It includes diagrams for makeshift

loading docks to distribute water, ice, and food to storm

victims — color-coded to show where pallets, traffi c

cones, and trash bins would be placed. Yet in other places

the report is less specifi c; it does not identify, for example,

what hospitals or airports would be used.

Numerous action plans ranging from debris removal,

to sheltering, to search and rescue were developed. For

example, state transportation offi cials took the lessons

learned from the Pam exercise and previous hurricanes

and revised the state’s contrafl ow plan.15 The revisions

included making adjustments to traffi c lights, cessation

of construction, and greater coordination with the private

sector. State offi cials reported that Hurricane Pam greatly

improved the state’s contrafl ow evacuation plan.16 In

fact, federal, state, and local offi cials across the board

agreed the contra fl ow plan was a success story of Katrina’s

emergency response. Over 1.2 million were evacuated in

the 48 hours prior to landfall.17

As part of the Pam exercise, planners also identifi ed

lead and support agencies for search and rescue and

established a command structure that would include

four areas with up to 800 searchers. For example, “[t]he

search and rescue group developed a transportation

plan for getting stranded residents out of harm’s way.”18

“The medical care group reviewed and enhanced existing

plans.”19 “The medical action plan included patient

movement details and identifi ed probable locations, such

as state university campuses, where individuals would

receive care and then be transported to hospitals, special

needs shelters or regular shelters as necessary.”20

Workshops subsequent to the initial fi ve-day Hurricane

Pam exercise were held in November 2004 and August

2005. A second Hurricane Pam Exercise was planned for

the summer of 2005, but did not take place, apparently

due to lack of funding.21 Agencies had anticipated

expanding on aspects of response and recovery that were

not explored in the 2004 exercise.22

A FAILURE OF INITIATIVE 83

Finding: Implementation of lessons learned from Hurricane Pam was incomplete

While state and local offi cials turned some lessons from

the Hurricane Pam exercise into improvements of their

emergency plans, other important changes were not

made. State health offi cials said the exercise had helped

them better prepare for evacuation of hospital patients

and special needs people.23 Since Pam was a catastrophic

hurricane with fl ooding of New Orleans, it required

them to consider the issue of evacuating New Orleans

hospitals and the Superdome’s special needs shelter.24

Subsequent to the exercise, medical offi cials held planning

sessions focused on post-landfall care and evacuation.

The contingency plan for the medical component was

almost complete when Katrina made landfall.25 Offi cials

said although the plan was not yet fi nalized, it proved

invaluable to the response effort.26

Further, in the aftermath of Katrina, varying opinions

have surfaced as to the roles and responsibilities

established during the Hurricane Pam exercise. Some state

and parish offi cials said they saw Pam as a “contract” of

what the various parties were going to do, and the federal

government did not do the things it had committed

to doing.27 According to Dr. Walter Maestri, the

Jefferson Parish Director of Emergency Management, he

understood that FEMA may not provide help until 48-72

hours later—but then he expected help.28 That is, once the

state cleared the roads, he anticipated that FEMA trucks

would arrive with large quantities of water, food, and ice.

Although these were the parish’s planning assumptions,

he said FEMA did not get substantial relief to the parish

until 11 days after landfall.29 Dr. Maestri also said the

Hurricane Pam documentation makes it clear what FEMA

was supposed to do, but FEMA did not do those things.30

Beriwal said, however, the plan derived from the Pam

exercise was intended as a “bridging document” designed

to serve as a guide and roadmap to be used by emergency

operational offi cials at the state and local level. In other

words, it was up to state and local offi cials to take the

Plan and turn it into more detailed individual operational

plans.31

Yet, according to Scott Wells, Deputy Federal

Coordinating Offi cer from FEMA, there were several

Hurricane Pam Exercise “to do” items state or local

governments did not complete.32 For example, the state

was supposed to develop more detailed concepts and

plans in several areas: (1) search and rescue, (2) rapid

assessment teams, (3) medical evacuation, (4) sheltering

and temporary housing, (5) commodity distribution,

and (6) debris removal.33 The state’s previous Louisiana

Offi ce of Homeland Security and Emergency Preparedness

Deputy Director had laid these six areas out as priorities

for the state to work on.34 In Wells’s view, the only one

of these where the state made some progress was medical

evacuation.35

Wells also said, however, that the need to shelter

special needs people in the Superdome showed the state

and city had not taken steps (which they had agreed to do

after the Pam Exercise) to coordinate the movement and

sheltering of these people further north, away from the

Gulf.36 As a result of the exercise and subsequent planning

workshops, the state was supposed to develop “hasty

plans” to address all these areas.37 He said although he

had tried to get state offi cials to focus on these hasty plans

just before landfall, they would not do so.38 According

to Wells, the state had also agreed to learn and exercise

a unifi ed command through the incident command

system.39 Wells said the state did not do so, which led to

major command and control problems during Katrina.40

Conclusion

Hurricane Katrina highlighted many weaknesses that

either were not anticipated by the Pam exercise or perhaps

were lessons learned but simply not implemented.

For example, Hurricane Pam has been criticized for its

emphasis on managing the aftermath of the catastrophe

and not creating initiatives that would diminish the

magnitude of the catastrophe. Indeed, much of the

recrimination over the Hurricane Katrina response came

because government authorities apparently failed to have

a plan in place to assist in evacuating individuals without

transportation. Nor did they appear to have an adequate

sheltering plan in place. With Hurricane Pam’s striking

resemblance to Katrina in force and devastation, many

have been left wondering at the failure to anticipate, and

plan for, these essentials. Is a plan that leaves 300,000 in a

fl ooded city and results in 60,000 deaths acceptable? ■

84 A FAILURE OF INITIATIVE

1 Press Release, Fed. Emer. Mgmt. Agency (FEMA), Hurricane Pam Exercise Concludes (July 23, 2004) available at http://www.fema.gov/news/ newsrelease.fema?id=13051 (last visited Jan. 12, 2006) [hereinafter July 23, 2004 FEMA Press Release].

2 Id. 3 Ron Fournier and Ted Bridis, Katrina What Planners Feared; Hurricane Simulation Predicted 61,290 Dead, AP, Sept. 10, 2005 [hereinafter Sept. 10,

2005 Fournier Article]; David R. Baker, Hard Times in Big Easy Efforts Intensify to Evaluate Living, Recover Dead, SF CHRONICLE, Sept. 9, 2005. 4 Interview by Select Comm. staff with Madhu Beriwal, IEM, Inc., in Wash., DC (Jan. 6, 2006) [hereinafter Beriwal Interview]. 5 John McQuaid, ‘Hurricane Pam’ Exercise Offered glimpse of Katrina Misery, TIMES-PICAYUNE (New Orleans), Sept. 9, 2005. 6 Id. 7 Beriwal Interview. 8 Associated Press, Hurricane Katrina Was Weaker Than First Thought At Landfall, USA TODAY, Dec. 20, 2005 available at http://www.usatoday.

com/weather/hurricane/2005-12-20-katrina-strength_x.htm. 9 Beriwal Interview. 10 Id. 11 Sept. 10, 2005 Fournier Article. 12 Beriwal Interview. 13 Id. 14 Id. 15 Interview by Select Comm. staff with Gordon Nelson, LA Dep’t of Trans., in Baton Rouge, LA (Nov. 4, 2005). 16 Id. 17 Hearing on Hurricane Katrina: Preparedness and Response by the State of Louisiana Before Select Comm., 109th Cong. (Dec. 14, 2005) at 77

(statement of Kathleen Babineaux Blanco, Governor of LA). 18 July 23, 2004 FEMA Press Release. 19 Id. 20 Id. 21 Beriwal Interview. 22 Interview by Select Comm. Staff with Jeff Smith, State Coordinating Offi cer, LA. Offi ce of Homeland Sec. and Emerg. Preparedness, in Baton

Rouge, LA (Nov 7, 2005). 23 Interview by Select Comm. Staff with Jimmy Guidry, Med. Dir., LA Dept. Health and Hospitals, in Baton Rouge, LA (Nov. 7, 2005). 24 Id. 25 Id. 26 Id. 27 Interview by Select Comm. Staff with Walter Maestri, Dir. of Emer. Mgmt., Jefferson Parish, in New Orleans, LA (Nov. 8, 2005). 28 Id. 29 Id. 30 Id. 31 Beriwal Interview. 32 Interview with Select Comm. Staff, Scott Wells, Dep. Fed. Coordinating Offi cer, in Baton Rouge, LA (Nov. 9, 2005). 33 Id. 34 Id. 35 Id. 36 Id. 37 Id. 38 Id. 39 Id. 40 Id.

A FAILURE OF INITIATIVE 85

86 A FAILURE OF INITIATIVE

“What happened to us this year, however, can only be

described as a catastrophe of Biblical proportions. We in

Louisiana know hurricanes and hurricanes know us. We

would not be here today if the levees had not failed.”

Kathleen Babineaux Blanco

Governor, State of Louisiana

Select Committee Hearing, December 14, 2005

A P

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A FAILURE OF INITIATIVE 87

LEVEES

Summary

The levees protecting New Orleans were not built to

survive the most severe hurricanes. It was a well-known

and repeatedly documented fact that a severe hurricane

could lead to overtopping or breaching of the levees and

fl ooding of the metropolitan area. In fact, for years the

U.S. Army Corps of Engineers (USACE) has had a written

plan for unwatering (i.e., draining) New Orleans in such

a contingency. This well-known threat was the motivation

for FEMA to sponsor the “Hurricane Pam” exercise. The

potential for Katrina to be “the Big One” and breach the

levees was also the key reason for the National Weather

Service, Governor of Louisiana, and Mayor of New

Orleans to issue such dire warnings.

Once construction of the levees was completed by

USACE, the responsibilities for operating and maintaining

the levees were split among many local organizations,

which is the standard cooperation agreement for carrying

out fl ood control projects nationwide. The costs of

constructing these projects are shared, with operation

and maintenance being a 100 percent local responsibility.

These include levee boards in each parish, as well

as separate water and sewer boards. The number of

organizations involved, and disagreements among them,

makes accountability diffuse and creates potential gaps

and weaknesses in parts of the fl ood protection system.

In one case, improvements to levee strength which may

have mitigated or prevented some of the critical breaches

that fl ooded downtown New Orleans were rejected by

the competing local organizations. There also appear to

have been lapses in both maintenance and inspections of

selected levees, including those that breached. Also, prior

to Hurricane Katrina, residents along those same levees

reported they were leaking, another potential lapse in

maintenance.

Despite the well-known importance of the levees,

and the consequences of failure, the local levee boards

responsible for maintaining and operating the levees

did not have any warning system in place. While

federal regulations require that they monitor levees

during periods of potential fl ooding, the requirement is

impractical to implement during a hurricane. In addition

to no warning system, the loss of communications and

situational awareness, and only sporadic reports of

fl ooding from a variety of sources, made it diffi cult to

confi rm that there were breaches in the levees and then

to assess the damage. These factors, as well as physical

diffi culties of getting to the breach sites, combined to

delay repair of the levee breaches.

The ultimate causes of the levee breaches, and

subsequent fl ooding of New Orleans, are yet to be

determined. At least four forensic investigations are under

way to examine scientifi c evidence and determine the

reasons for levee breaches. These include investigations by

USACE’s Engineer Research and Development Center, the

National Science Foundation (NSF), the American Society

of Civil Engineers (ASCE), and Louisiana State University

(LSU). Possible causes include (1) the design was not

appropriate for the purpose, (2) the storm exceeded levee

design standards, (3) the levees were not actually built

to the original design standards, (4) the levees were not

properly maintained, or (5) a combination of these and

other factors.

Finding: Levees protecting New Orleans were not built for the most severe hurricanes

New Orleans is protected from fl ooding by a system of levees

As noted in the BACKGROUND

chapter, hurricanes threaten the

Gulf coast every year, and New

Orleans is particularly vulnerable

because of its location and

topography.1 The majority of the

metropolitan area is below sea

level. Over the years, the city has

continued to sink, due to drainage,

subsidence, and compaction of the

soils.2 As an example of previous

damage, Hurricane Betsy brought

extensive destruction to New

Orleans when it made landfall in Louisiana in September,

1965.3 Unfortunately, many of the descriptions and

N W

S

88 A FAILURE OF INITIATIVE

photos from Hurricane Betsy sound and look familiar

to our nation as it considers the damage from Hurricane

Katrina, forty years later. According to USACE’s after

action report on Hurricane Betsy…

■ She left in her wake a path of devastation unparalleled

by any other storm in the recorded history of

Louisiana.4

■ Betsy inundated over 5,000 square miles in Louisiana,

including highly populated urban areas in Orleans and

St. Bernard Parishes.5

■ Extensive fl ooding was caused by overtopping and

breaching of existing protection levees in Orleans,

Plaquemines, and St. Bernard Parishes.6

■ As Betsy’s winds and tidal surge rolled inland, entire

buildings were swept away from their foundations and

fl oated as far as 10 miles away.7

■ Betsy left 81 dead, over 17,600 injured, and caused the

evacuation of 250,000 to storm shelters.8

■ Betsy left thousands homeless in south Louisiana.

Returning refugees often found only a pile of debris

where their homes had stood just days before.9

■ Betsy left numerous towns in south Louisiana with no

means of communication.10

After Hurricane Betsy in 1965, federal and state

governments proposed a number of fl ood control projects

to deal with the threat of hurricanes and the fl ooding they

T IM

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A FAILURE OF INITIATIVE 89

might cause in New Orleans.11 These included a

series of control structures, concrete fl oodwalls,

and levees along Lake Pontchartrain and several

other waterways.12 One of the major projects

is formally called the Lake Pontchartrain and

Vicinity, Louisiana Hurricane Protection Project.13

This project included levees along the Lake

Pontchartrain lakefront, the 17th Street Canal,

the London Avenue Canal, the Orleans Avenue

Canal, the Intercoastal waterway, the Industrial

Canal,14 the Mississippi River Gulf Outlet, and

other areas.15 Although the project was federally

authorized, it was a joint federal, state, and local

effort with shared costs.16

Levees were designed for a “standard” hur- ricane, not the most severe hurricanes

The levees protecting New Orleans were not

designed to withstand the most severe hurricanes.

According to USACE’s plans for unwatering New

Orleans, “the hurricane protection system is not

designed for the largest storms and as a result,

the metropolitan area is vulnerable to fl ooding from

hurricane storm surges.”17 USACE originally designed

the levees around New Orleans to protect against a

hurricane intensity that might occur once every 200-300

years.18 This protection level was used by USACE, in

consultation with the U.S. Weather Bureau,19 to develop

specifi c criteria for a “standard project hurricane.”20 The

“standard project hurricane” is a statistical compilation of

many combined hurricane parameters or characteristics

intended to simulate a natural hurricane occurrence in

southeast Louisiana. The standard project hurricane was

used not only for the Lake Pontchartrain project, but also

nationwide for all hurricane protection projects where the

loss of human life is possible.21 According to USACE, the

“standard project hurricane” was used to design the New

Orleans levees and is roughly equivalent to a fast moving,

or “moderate,” category 3 hurricane.22 However, there is

no direct comparison of the “standard project hurricane”

to a specifi c category on the Saffi r-Simpson Hurricane

Scale—which did not exist when the levees were

designed.23 As shown in the table below, the “standard

project hurricane” is equivalent to a hurricane with

category 2 winds, category 3 storm surge, and category 4

barometric pressure.24

In addition, there is no “standard” hurricane — the

actual forces that levees need to withstand are a function

of several factors. According to the preliminary NSF study,

“the actual wind, wave and storm surge loadings imposed

at any location within the overall fl ood protection system

are a function of location relative to the storm, wind speed

and direction, orientation of levees, local bodies of water,

channel confi gurations, offshore contours, vegetative cover,

etc. They also vary over time, as the storm moves through

the region.”26 Similarly, USACE documents indicate that

“[o]vertopping will depend upon the intensity of the storm,

the track that the center or “eye” of the storm follows and

the speed at which it travels along the track.”27

Although the Lake Pontchartrain project is named a

hurricane “protection” project, a number of factors other

than saving lives and property are included in the design

of such projects. For example, in addition to protecting

urban and community lives and health, the design of

such projects must include environmental and economic

effects, and ensure that benefi ts of the completed project

outweigh its cost of construction.28 In discussing the

design of the Lake Pontchartrain project in a 1978

hearing, USACE District Commander for New Orleans,

Table 1: Comparison of “Standard Project Hurricane” with Saffi r Simpson Scale

“Standard Saffi r-Simpson Saffi r-Simpson Saffi r-Simpson project category 2 category 3 category 4 hurricane” hurricane hurricane hurricane

Central pressure (1) 27.6 Hg 28.50-28.91 Hg 27.91-28.47 Hg 27.17-27.88 Hg

Wind speed (2) 100 mph 96-110 mph 111-130 mph 131-155 mph

Radius of maximum winds (3) 30 miles N/A N/A N/A

Average forward speed (3) 6 knots N/A N/A N/A

Storm surge 11.2-13 feet (4) 6-8 feet 9-12 feet 13-18 feet

GAO ANALYSIS OF USACE AND NOAA DATA.25

Table Notes: The shaded areas indicate those parameters with the closest match between the standard project hurricane and the Saffi r-Simpson Scale.

(1) Central pressure is measured in inches of mercury (Hg) or millibars.

(2) Wind speed for the standard project hurricane was measured as the maximum 5-minute average wind speed. The Saffi r-Simpson Scale uses the maximum 1-minute average wind speed, a lower threshold.

(3) USACE estimated the radius of maximum winds and the average forward speed for a standard project hurricane, and the Saffi r-Simpson Scale does not take either of these parameters into account.

(4) The standard project hurricane calculated maximum surge heights for different geographic areas within the Lake Pontchartrain area. The maximum surge height for the South Shore of Lake Pontchartrain—where the 17th Street, London Avenue, and Industrial Canals are located—was estimated at 11.2 feet.

90 A FAILURE OF INITIATIVE

Colonel Early Rush, stated “Even though economists may,

and in this case did, favor protection to a lower scale to

produce a higher ratio of benefi ts to projected costs, the

threat of loss of human life mandated using the standard

project hurricane.”29

Potential for Katrina to breach levees was well-known, leading to urgent warnings

Even with its hurricane protection system, it was common

knowledge that New Orleans was susceptible to hurricane-

caused fl ooding.30 The risks of a major hurricane and

fl ooding in New Orleans had been covered in the general

media — by Scientifi c American (October 2001) and

National Geographic (October 2004) — as well as in

emergency management literature.31 A recent article in the

Natural Hazards Observer stated:

When Hurricane Katrina came ashore on August

29, she ended decades of anticipation. There were

few hazards in the United States more studied

by scientists and engineers and there was ample

warning that a strong storm could cause the City of

New Orleans to fl ood.32

Emergency planners in the local area were particularly

knowledgeable about this potentiality. A November 2004

article in Natural Hazards Observer — written by Shirley

Laska, of the Center for Hazards Assessment, Response

and Technology, at the University of New Orleans — laid

out the hypothetical case that Hurricane Ivan had hit New

Orleans. The article cites a fi ctional situation that is now

all too real to the nation.33

New Orleans was spared, this time, but had it not

been, Hurricane Ivan would have… caused the

levees between the lake and the city to overtop

and fi ll the city “bowl” with water from lake levee

to river levee, in some places as deep as 20 feet…

Recent evacuation surveys show that two thirds of

non-evacuees with the means to evacuate chose

not to leave because they felt safe in their homes.

Other non-evacuees with means relied on cultural

traditions of not leaving or were discouraged by

negative experiences with past evacuations. Should

this disaster become a reality, it would undoubtedly

be one of the greatest disasters, if not the greatest,

to hit the United States, with estimated costs

exceeding 100 billion dollars. Survivors would have

to endure conditions never before experienced in

a North American disaster. Hurricane Ivan had the

potential to make the unthinkable a reality. Next

time New Orleans may not be so fortunate.34

Because of the well-known potential for fl ooding,

USACE has had a plan for several years for draining New

Orleans — Unwatering Plan, Greater Metropolitan Area,

New Orleans, Louisiana, dated August 18, 2000. This plan

provides details on the hurricane protection system and

describes methods to get the water out after catastrophic

fl ooding from a hurricane. The premise of the plan is

that a category 4 or 5 hurricane may produce storm surge

water levels of suffi cient height to overtop the existing

protection system.35 The plan lays out a series of scenarios

that could occur, and suggests appropriate emergency

responses to unwater the area.36 For example, in one

case…

There is catastrophic fl ooding due to complete

overtopping of the levees and fl oodwalls and

inundation of the protected area. There will be

extensive and severe erosion of levees and perhaps

complete breaches. Due to the high water levels, all

of the pumping stations will probably be fl ooded

with major damages . . . . The levee districts and

drainage departments may be dysfunctional to

some degree.37

In more recent years, well before Hurricane Katrina,

questions were raised about the ability of the Lake

Pontchartrain project to withstand more powerful

hurricanes than the “standard project hurricane,” such

as a category 4 or 5 hurricane. USACE had discussed

undertaking a study of modifi cations needed to increase

the strength of the existing levees, but no formal study was

undertaken.38

As discussed earlier in the HURRICANE PAM chapter,

FEMA sponsored the “Hurricane Pam” exercise to look at

the response to and recovery from a catastrophic hurricane

hitting New Orleans and fl ooding the city. In that scenario,

“It was a slow moving Category three storm, something

that could quite easily happen, and [the exercise scenario

was] designed so that it totally fl ooded the city, so that the

A FAILURE OF INITIATIVE 91

participants could try to understand the full impacts of a

fl ooded New Orleans” according to Ivor Van Heerden, the

LSU professor who used computer modeling to help create

a realistic hurricane for the exercise.39 Again, the key reason

for that exercise was the well-known potential for levee

failure and catastrophic fl ooding in the metropolitan area.

As Katrina turned and began its track toward New

Orleans, the potential for the levees overtopping or

breaching and fl ooding New Orleans resulted in a number

of dire warnings from federal, state, and local offi cials. As

also discussed in the EVACUATION chapter, the National

Weather Service issued a warning on Sunday, August 28,

stating that Katrina was “a most powerful hurricane with

unprecedented strength,” that “devastating damage” was

expected, that “most of the area will be uninhabitable

for weeks,” and that there will be “human suffering

incredible by modern standards.”40 Governor Blanco

also made dire predictions, stating in several interviews

on Saturday and Sunday that fl ooding in New Orleans

was a major concern. On Saturday at approximately 8:00

p.m., she appeared on CNN and said that in New Orleans

“[t]he storm surge could bring in 15 to 20 feet of water.

[People in the city of New Orleans] will not survive that

if indeed that happens.”41 Similarly, in a news conference

on Sunday morning, Mayor Nagin said, “The storm surge

most likely will topple our levee system.”42

Finding: Responsibilities for levee operations and maintenance were diffuse

USACE oversees design and construction then turns levees over to local sponsors

Several organizations are responsible for building,

operating, and maintaining the levees surrounding

metropolitan New Orleans. USACE generally contracts

to design and build the levees.43 After construction,

USACE turns the levees over to a local sponsor.44 USACE

regulations state that once a local sponsor has accepted

a project, USACE may no longer expend federal funds

on construction or improvements. This prohibition does

not include repair after a fl ood. Federally authorized

fl ood control projects, such as the Lake Pontchartrain

project, are eligible for 100 percent federal rehabilitation

if damaged by a fl ood.45 The Mississippi River levees are

the exception to the arrangement just described. USACE

operates and maintains these levees. These levees generally

withstood Hurricane Katrina, except for a breach south of

New Orleans in Plaquemines Parish—the parish that took

the full force of Hurricane Katrina at landfall.46

The local sponsor has a number of responsibilities. In

accepting responsibilities for operations, maintenance,

repair, and rehabilitation, the local sponsor signs a

contract (called a Cooperation Agreement) agreeing to

meet specifi c standards of performance.47 This agreement

makes the local sponsor responsible for liability for

that levee.48 For most of the levees surrounding New

Orleans, the Louisiana Department of Transportation

and Development was the state entity that originally

sponsored the construction. After construction, the state

turned over control to local sponsors.49 These local

sponsors accepted completed units of the project from

1977 to 1987, depending on when the specifi c units

were completed.50 The local sponsors are responsible for

operation, maintenance, repair, and rehabilitation of the

levees when the construction of the project, or a project

unit, is complete.51

Local sponsors do not have control over all factors that could affect their parts of the levee system

The local sponsors include a variety of separate local

organizations. For example, different parts of the

Lake Pontchartrain and Vicinity, Louisiana Hurricane

Protection Project, were turned over to four different

local sponsors — to include the Orleans, East Jefferson,

Lake Borgne, and Pontchartrain levee districts.52 In

addition, there are separate water and sewer districts that

are responsible for maintaining pumping stations.53 The

USACE unwatering plan notes these arrangements by

stating that, among other factors, “the political boundaries

with internal local levees have resulted in this series of

loops or bowls of low lying ground encircled by levees

and fl oodwalls. Each of these areas is served by its own

drainage collection and pumping stations.”54

The different local organizations involved had the

effect of diffusing responsibility and creating potential

weaknesses. For example, levee breaches and distress were

repeatedly noted at transition sections, where different

organizations were responsible for different pieces and

92 A FAILURE OF INITIATIVE

thus two different levee or wall systems joined together.

According to USACE, “[a]t sections where infrastructure

elements were designed and maintained by multiple

authorities, and their multiple protection elements came

together, the weakest (or lowest) segment or element

controlled the overall performance.”55 Similarly, a scientist

working on the NFS study, Raymond Seed, stated there

needs to be better coordination of these transition sites.56

Peter Nicholson, head of an ASCE team investigating the

levees, said in response to a question of whether transition

sections mattered:

Well, certainly we fi nd that each individual

organization will do as they see fi t, and when the

two sections of the fl ood control system operated

or owned, designed, maintained by each of those

different organizations come together, they may

be in two different manners. They may have

two different heights. They may be two different

materials.57

The different organizations also have different agendas,

and sometimes these can thwart efforts to improve

the safety of the overall system. Seed also provided an

example where USACE had suggested improvements

to the strength of the system that were rejected by the

competing organizations. According to Seed:

No one is in charge. You have got multiple

agencies, multiple organizations, some of whom

aren’t on speaking terms with each other, sharing

responsibilities for public safety. The Corps of

Engineers had asked to put fl ood gates into

the three canals, which nominally might have

mitigated and prevented the three main breaches

that did so much destruction downtown. But

they weren’t able to do that because, unique to

New Orleans, the Reclamation Districts who are

responsible for maintaining the levees are separate

from the Water and Sewage District, which does the

pumping. Ordinarily, the Reclamation District does

the dewatering pumping, which is separate from

the water system. These guys don’t get along.58

While required inspections of levees were done, some defi ciencies in maintenance were not fully addressed

Both USACE and the local sponsors have ongoing

responsibility to inspect the levees. Annual inspections are

done both independently by USACE and jointly with the

local sponsor.59 In addition, federal regulations require

local sponsors to ensure that fl ood control structures

are operating as intended and to continuously patrol

the structure to ensure no conditions exist that might

endanger it.60

Records refl ect that both USACE and the local sponsors

kept up with their responsibilities to inspect the levees.

According to USACE, in June 2005, it conducted an

inspection of the levee system jointly with the state and

local sponsors.61 In addition, GAO reviewed USACE’s

inspection reports from 2001 to 2004 for all completed

project units of the Lake Pontchartrain project. These

reports indicated the levees were inspected each year and

had received “acceptable” ratings.62

However, both the NSF-funded investigators and

USACE offi cials cited instances where brush and even trees

were growing along the 17th Street and London Avenue

canals levees, which is not allowed under the established

standards for levee protection.63 Thus, although the

records refl ect that inspections were conducted and the

levees received acceptable ratings, the records appear to

be incomplete or inaccurate. In other words, they failed to

refl ect the tree growth, and of course, neither USACE nor

the local sponsor had taken corrective actions to remove

the trees.

In addition, there was apparently seepage from one

canal before Hurricane Katrina, indicating problems had

developed in the levee after construction. Specifi cally,

residents of New Orleans who live along the 17th Street

Canal said water was leaking from the canal and seeping

into their yards months before Hurricane Katrina caused

the levee system to collapse. The leaks, they said, occurred

within several hundred feet of the levee that later failed.64

National Public Radio, which reported the story, said:

State and federal investigators say that a leak may

have been an early warning sign that the soil

beneath the levee was unstable and help explain

why it collapsed. They also say if authorities

had investigated and found that a leak was

A FAILURE OF INITIATIVE 93

undermining the levee, they could have shored it

up and prevented the catastrophic breach.65

National Public Radio also reported that work orders

confi rm that the Sewerage and Water Board had visited

the location of the seepage a number of times. However,

both USACE and the Orleans Levee District, with shared

responsibilities for inspecting the levees, reported that

they had not received any reports of seepage at the site.66

Finding: The lack of a warning system for breaches and other factors delayed repairs to levees

Actual levee breaches caused catastrophic fl ooding in New Orleans

Katrina made landfall as an

“extraordinarily powerful”

hurricane.67 Katrina was expected

to be a category 4 or 5 storm,

although a recent updated

analysis from the National

Weather Service concluded it

made landfall at the upper end

of a category 3 hurricane (with

estimated maximum sustained

winds of 110 knots) near Buras,

Louisiana.68 While Katrina had

weakened from its peak intensity

of category 5, it remained a very

large hurricane — the extent of

tropical-force and hurricane-force

winds were as large as predicted

when Katrina was at maximum

intensity.69 Due to Katrina’s large

size, it is possible that sustained

winds of category 4 strength

briefl y affected the extreme

southeastern tip of Louisiana.70

However, the sustained winds over

all of metropolitan New Orleans

and Lake Pontchartrain likely

remained weaker than category 3

strength.71

The storm surge, not the winds, is the most destructive

part of a hurricane,72 and Katrina produced a massive

storm surge. A precise measurement of Katrina’s storm

surge in the New Orleans area is diffi cult to measure, in

part because of the widespread failures of tide gauges.

However, various efforts are under way to make a

defi nitive determination, particularly near the levees.73

While the surge varied by location, some preliminary

estimates are that the storm surge off Lake Borgne, which

abuts New Orleans, was approximately 18-25 feet.74

One of the highest credible reports of storm surge

came from the Hancock County, Mississippi, emergency

operations center, where the storm surge was 27 feet.75

One reason for the large size of the storm surge was that

Katrina, although making landfall as a strong category 3,

had already generated large northward propagating swells

when it was a category 4 and 5 hurricane during the 24

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94 A FAILURE OF INITIATIVE

hours before landfall.76 One of the instrument buoys

located south of Dauphin Island, Alabama, measured

a wave height of 55 feet — which matches the largest

signifi cant wave height ever measured by such a buoy.77

Because the eye of Katrina passed just slightly to the east

of New Orleans, the hurricane threw unusually severe wind

loads and storm surges on the fl ood protection systems.78

The surge overtopped large sections of the levees during

the morning of August 29 east of New Orleans, in Orleans

and St. Bernard Parish, and it also pushed water up the

Intercoastal waterway and into the Industrial Canal. The

water rise in Lake Pontchartrain strained the fl oodwalls

along the canals adjacent to its southern shore, including

the 17th Street Canal and the London Avenue Canal.79

Breaches along all of these canals led to fl ooding of 80

percent of New Orleans to depths up to 20 feet.80 The

fl ooding of central New Orleans led to the most widespread

and costly damage of the hurricane. It also led to the

diffi culties encountered by emergency responders that are

documented elsewhere in this report.

The lack of warning systems and degraded communications prevented situational awareness of the breaches in the levees, and delayed repairs

Despite the well-known importance of the levees, and the

consequences of failure, the local levee boards responsible

for maintaining and operating the levees do not have any

warning system in place.81 Federal regulations require

local sponsors to ensure that fl ood control structures are

operating as intended and to continuously patrol the

structure during fl ood periods to ensure that no conditions

exist that might endanger it.82 However, it would be

impractical to monitor the levees during a hurricane.

The Executive Director of the Orleans Levee District, Max

Hearn, stated:

As the hurricane approached, and as water levels

began to rise, District employees monitored the

water levels and patrolled the fl ood control system.

As weather conditions deteriorated and became

unsafe, the District’s employees were pulled into

sheltered areas to ride out the storm.83

Again, with the large number of local organizations

involved, it was not always clear who would be

responsible for monitoring the levees and sounding the

alarm if there was a breach. According to one scientist,

“If the lines of responsibility and who is in charge aren’t

clear, it is very hard to decide who needs to be issuing

warnings and public notices….”84

Given that Hurricane Katrina led to the loss of power

and severely degraded communications, as discussed

in the COMMUNICATIONS and COMMAND AND

CONTROL chapters, it is not clear that any warning

system would have survived or have been effective. In the

absence of communications that would have provided

situational awareness, there were many rumors of fl ooding

and its causes that had to be confi rmed before assessment

teams and repair teams could be dispatched. There were

many sources of these reports of fl ooding.

■ Monday August 29, at 6:00 a.m., fl oodwaters began

fl owing into Jackson Barracks, according to Louisiana

National Guard offi cers. Jackson Barracks is near

the Orleans Parish – St. Bernard Parish line, and the

fl oodwaters were determined later to be from the

Industrial Canal breach. By late Monday morning, the

fl oodwaters were 8-10 feet deep at Jackson Barracks,

requiring the Louisiana National Guard to abandon

their operations center and re-establish it at the

Superdome.85

■ Monday, August 29, at 7:30 a.m., the state Emergency

Operations center (EOC) received reports of fl ooding

in the last conference call before communications

were lost. Jefferson Parish relayed unconfi rmed reports

of signifi cant fl ooding in the east bank. New Orleans

reported extensive fl ooding in the east and on the lake

front. St. Bernard Parish reported “overtopping” of the

Industrial Canal and 3 feet of water in Arabi. When

the State Coordinating Offi cer (SCO) Jeff Smith asked

if those fl ooding rumors were confi rmed, the parish

deputy sheriff said they were confi rmed and noted

that his building was surrounded by white caps. Smith

also stated he was aware of 3-4 feet of fl oodwaters at

Jackson Barracks.86

■ Monday, August 29, morning (exact time unknown),

USACE district commander fi rst heard sporadic reports

about levee overtopping and breaches.87 The sources

of these early reports included local radio stations

and a USACE employee reporting overtopping at the

Industrial Canal.88 Later that day, the USACE district

A FAILURE OF INITIATIVE 95

commander issued a situation report, noting fl ooding

with 4-5 feet of water in Kenner (Jefferson Parish);

fl ooding with 10 feet of water in Arabi (St. Bernard

Parish); and water coming into Lakeview (New

Orleans) from the 17th Street Canal. The report also

said that there was a one-block section of the Industrial

Canal that had breached.89

■ Monday, very late evening (exact time unknown), off

duty police offi cers began calling their police stations

from their residences to report fl ooding near the 17th

Street and London Avenue Canals, according to the

New Orleans Police Department. Deputy Chief Lonnie

Swain said that these reports were the department’s fi rst

knowledge that fl ooding was moving into central New

Orleans — they had been aware of fl ooding in East

New Orleans (from Lake Pontchartrain) and the Lower

Ninth Ward (from the Industrial Canal).90

Beyond these reports known to the National Guard, the

EOC, and the New Orleans Police Department, USACE

was trying to determine the detailed status of the levee

system. However, the USACE district commander in New

Orleans also suffered from a lack of communications

capabilities.91 As noted earlier, there is no early warning

system for levee breaches in New Orleans.92 On Monday

at about 3:00 p.m., the commander and a team ventured

out to conduct early assessments of the situation. They

were unable to conduct a thorough review because of the

high winds, debris, and fl ooding. Although they had to

return to the bunker, it was clear to them at that point that

New Orleans had suffered catastrophic fl ooding and they

began to review plans for unwatering New Orleans.93

On Tuesday, August 30, at about 9:00 a.m., the USACE

district commander was able to get a helicopter and see

the extent of the fl ooding from the air.94 The USACE

district offi ce began to develop more detailed plans for

repairing the levees after the airborne reconnaissance on

August 30.95 USACE has authority to provide a variety

of emergency response actions when levees fail or are

damaged.96 Any repairs to federally constructed levees are

funded 100 percent by the federal government.97

There were also physical barriers that made assessments

and repair diffi cult. Specifi cally, emergency repair

operations to close some of the breaches were seriously

hampered by lack of access roads. USACE regulations

generally require access roads on top of levees to allow

for inspections,

maintenance, and

fl ood-fi ghting

operations, and

most USACE levees

built in the United

States meet this

requirement.98

However, in New

Orleans, exceptions

were made to these

regulations because

of its highly urban

nature. Access roads

were foregone when

it was decided to use

I-walls in the levee

crowns to minimize

right-of-ways into

surrounding neighborhoods.99 When Hurricane Katrina

led to the breaches in the levees, the lack of access roads

atop the levees resulted in very signifi cant increases in

time and cost to repair the damaged areas.

Poor communications, diffi culties in doing assessments,

and physical barriers all served to delay efforts to repair the

levees. Levee repairs did not begin until Wednesday, when

USACE began marshalling resources — such as contractors,

materials, and equipment — at the 17th Street Canal

site.100 The Louisiana National Guard was also involved

in these early efforts to conduct emergency repairs of the

17th Street Canal. That afternoon, USACE began dropping

3,000 pound sandbags into the breach.101 The next day

contractors started delivering sand, gravel, and rock to

the breach site on a newly-built access road. At both the

17th Street Canal and the London Avenue Canal, Army

Chinook and Blackhawk helicopters dropped 7,000 pound

sandbags—an average of 600 per day—into the breaches.

One breach took over 2,000 sandbags before engineers

could see the bags under the water surface. According to

one witness before the Select Committee, the need for sand

was so great that USACE broke into a local business and

“took” $580,000 worth of sand.102 One week later, the 17th

Street Canal breach was closed.103

Once the levee repairs were underway, USACE turned

its attention to unwatering New Orleans and other

fl ooded areas.104 Since at least 2000, USACE has had

F E

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96 A FAILURE OF INITIATIVE

a detailed plan for unwatering greater New Orleans in

the event of fl ooding. These unwatering plans were also

discussed in the “Hurricane Pam”exercise (discussed

previously).105 The exercise assumed the levees did not

breach, however there was fl ooding due to overtopping

which inundated New Orleans with at least 10 feet of

water. The purpose of the USACE unwatering mission was

to remove water from fl ooded areas (New Orleans), seal

off canals from Lake Pontchartrain, repair breaches, create

a series of deliberate breaches in the levee system (to help

drain them), and pump out fi nal excess with existing and

temporary pumps.106

Through an emergency contracting process, USACE

contacted four companies to complete the unwatering

activities and, according to USACE, only one company—

Shaw Environmental of Baton Rouge—could respond in

a timely manner.107 Projections made prior to Hurricane

Katrina that it would take nine weeks to unwater New

Orleans proved unfounded.108 On October 11 (43 days

after Katrina landfall) USACE reported that all fl oodwaters

had been removed from the city of New Orleans.109

Finding: Ultimate cause of levee failures is under investigation, results to be determined

Several investigations are under way to assess causes of levee failure

There are at least four ongoing “forensic” investigations

to determine the cause of the levee breaches around

New Orleans. These are being done by USACE’s Engineer

Research and Development Center; the Center for the

Study of Public Health Impacts of Hurricanes, LSU;

the National Science Foundation, and ASCE. Each of

these investigations has somewhat similar charters and

overlapping membership.110

■ Interagency Performance Evacuation Task Force (IPET).

The USACE Chief Engineer appointed the IPET, headed

by the Engineer Research and Development Center, to

examine and analyze data in a variety of areas (e.g.,

Geodetic Reference Datum, Storm and Surge Wave

Modeling, Hydrodynamic Forces). At the request of

the Secretary of Defense, the results will be analyzed

independently by ASCE and the National Research

Council.111

■ Louisiana State University (LSU). The Hurricane Center

was appointed by the State of Louisiana to lead the

state’s forensic investigation of the Hurricane Katrina

levee failures. The investigation team includes engineers

and coastal scientists conducting analysis of the storm

surge levels, levee construction, and levee failures.112

■ National Science Foundation (NSF). NSF assembled

a Levee Investigation Team consisting of leading

national and international experts in major disasters.113

Participating teams of scientists are from the University

of California, Berkeley; the Geo-Institute of ASCE; the

Coasts, Oceans, Ports and Rivers Institute of ASCE; and

the Hurricane Research Center of LSU.114

■ American Society of Civil Engineers (ASCE). ASCE

assembled an independent team of experts, consisting

of professional engineers with a wide range of

geotechnical engineering expertise in the study, safety,

and inspection of dams and levees. The purpose of

the team is to collect data and make observations to

determine why certain sections of the levee system

failed and others did not.115

Preliminary results suggest some levees did not withstand forces they were designed to withstand

Some of the investigators testifi ed or released reports on

their preliminary fi ndings. For example, at a November

2, 2005, Senate Hearing, witnesses included Paul Mlakar,

of IPET; Ivor Van Heerden, of LSU; Raymond Seed of

the University of California, Berkeley, representing the

NSF; and Peter Nicholson of the University of Hawaii,

representing the ASCE.116 These witnesses (except

Mlakar) testifi ed on the preliminary fi ndings from their

investigations. In addition, the NSF and ASCE investigators

released a joint interim report, with initial fi ndings, at that

hearing.117 A month after the Senate Hearing, IPET released

an interim report with a summary of its fi eld observations,

which generally concurred with the NSF/ASCE interim

report.118 In evaluating the causes of levee and fl oodwall

failure, these preliminary reports indicated the impact of

the hurricane, and thus the potential causes of the breaches,

varied by location.119

According to preliminary information from NSF, ASCE,

and LSU, most of the levees and fl oodwall breaches on

the east side of New Orleans were caused by overtopping,

A FAILURE OF INITIATIVE 97

as the storm surge rose over the tops of the levees and/or

their fl oodwalls and produced erosion that subsequently

led to breaches.120 A variety of factors led to overtopping

of the Industrial Canal and the Mississippi River Gulf

Outlet (MR-GO). An LSU Scientist, Hassan Madhriqui,

said that MR-GO worked as a funnel which increased

the height of the storm surge and “caused fl oodwaters to

stack up several feet higher than elsewhere in the metro

area and sharply increased the surge’s speed as it rushed

through the MR-GO and into the Industrial Canal.”121 The

overtopping eroded the backside of the canals, scoured

out the foundations, and led to their collapse and thus

major fl ooding of adjacent neighborhoods. According to

Seed, “A majority of them [levee breaches] were the result

of overtopping, and that simply means that the hurricane

was bigger than the levees were built to take….”122

In contrast, there was little or no overtopping along

most of the levees in the vicinity of Lake Pontchartrain.

The only breach along Lake Pontchartrain was in New

Orleans East, which was probably due to overtopping. But

in the drainage canals that feed into Lake Pontchartrain

— the 17th Street and London Avenue Canal — there was

no overtopping, and the failures were likely caused by

weaknesses in the foundation soil underlying the levees,

the weakness in the soils used to construct the earthen

levee embankments themselves, or weaknesses caused

by vegetation growing along the levees. These were the

most costly breaches, leading to widespread fl ooding of

central New Orleans — to include the downtown area

and several large residential neighborhoods.123 According

to Van Heerden of LSU, “the surge in Lake Pontchartrain

wasn’t that of a category 3 storm, and nor did it exceed

the design criteria of the standard project hurricane.”124

Nicholson of ASCE concurred with this assessment,

adding, “If the levees [on Lake Pontchartrain] had done

what they were designed to do, a lot of the fl ooding of

New Orleans would not have occurred, and a lot of the

suffering that occurred as a result of the fl ooding would

not have occurred.”125

However, these fi ndings are preliminary.126 Most of

the investigations will not issue their fi nal reports until

the spring or summer of 2006. For example, the USACE

IPET report is scheduled to be completed in June 2006.127

Possible causes of the levee breaches include a design not

appropriate for the actual application (indicating a shared

defi ciency), storm conditions simply too overwhelming

for the designed levees to withstand (indicating an act of

nature); levee walls not secured deeply enough into the soil

or otherwise improperly constructed (indicating a USACE

defi ciency); improper maintenance of the levees (indicating

a local defi ciency); or a combination of factors.

Conclusion

Hundreds of miles

of levees were

constructed to defend

metropolitan New

Orleans against storm

events. These levees

were not designed to

protect New Orleans

from a category 4 or

5 monster hurricane,

and all the key players

knew this. The original

specifi cations of the

levees offered protection that was limited to withstanding

the forces of a moderate hurricane. Once constructed,

the levees were turned over to local control, leaving the

USACE to make detailed plans to drain New Orleans

should it be fl ooded.

The local sponsors — a patchwork quilt of levee and

water and sewer boards —were responsible only for their

own piece of levee. It seems no federal, state, or local entity

watched over the integrity of the whole system, which

might have mitigated to some degree the effects of the

hurricane. When Hurricane Katrina came, some of the

levees breached — as many had predicted they would —

and most of New Orleans fl ooded to create untold misery.

The forces that destroyed the levees also destroyed

the ability to quickly assess damage and make repairs.

The reasons for the levee failures appear to be some

combination of nature’s wrath (the storm was just too

large) and man’s folly (an assumption that the design,

construction, and maintenance of the levees would

be fl awless). While there was no failure to predict the

inevitability and consequences of a monster hurricane

— Katrina in this case — there was a failure of initiative to

get beyond design and organizational compromises to

improve the level of protection afforded. ■

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98 A FAILURE OF INITIATIVE

1 See Eric S. Blake, et al., Tropical Prediction Center, U.S. Dep’t of Commerce, NOAA Technical Memorandum NWS TPC-4, The Deadliest Costliest, and Most Intense U.S. Tropical Cyclones from 1851 to 2004 (and Other Frequently Requested Hurricane Facts, (Aug. 2005) available at http://www.nhc.noaa.gov/paststate.shtml (last visited Jan. 24, 2006); Anu Mittal, U.S. Gov’t Accountability Off., Pub. No. GAO-05-1050T, Testimony Before the Subcommittee on Energy and Water Development, Committee on Appropriations, House of Representatives, Army Corps of Engineers: Lake Pontchartrain and Vicinity Hurricane Protection Project [hereinafter GAO Hurricane Protection Project] at 2 (Sept. 28, 2005); R.B. Seed, et al., U. of Calif. at Berkely and Am. Soc’y of Civil Engineers, Rept. No. UCB/CITRIS – 05/01, Preliminary Report on the Performance of the New Orleans Levee System in Hurricane Katrina on August 29, 2005 [hereinafter Report on Levee Performance] at 1-4 (Nov. 2, 2005) (support for subsidence); IEM, Inc., IEM/TEC04-070 r5, Southeast LA Catastrophic Hurricane Functional Plan [SE LA Functional Hurricane Plan] at 5 (Jan. 5, 2005).

2 U.S Army Engineer District, New Orleans, Un-watering Plan Greater Metropolitan Area, New Orleans, LA [hereinafter Un-Watering Plan] at 1 (Aug. 18, 2000).

3 New Orleans District, U.S. Army Corps of Engineers, Hurricane Betsy, September 8-11, 1965: After Action Report, 1-5 (July 1966) (Included as App. E in Un-Watering Plan).

4 Id. at 2. 5 Id. at 4. 6 Id. at 32. 7 Id. at 24. 8 Id. at 5. 9 Id. at 29. 10 Id. at 26. 11 Hearing on Hurricane Katrina: Who’s In Charge of the New Orleans Levees? Before U.S. Senate Committee on Homeland Security and Governmental

Affairs [hereinafter Senate Hearing: Who’s in Charge of Levees], 109th Cong. (Dec. 15, 2005) at 2 (written statement of Max. L. Hearn, Executive Director, Orleans Levee District); Report on Levee Performance at 1-3.

12 GAO Hurricane Protection Project at 2. 13 Flood Control Act of 1965. Pub. L. No. 89-298, § 204, 79 Stat. 103, 1077 (1965) (The Flood Control Act of 1965 authorized this project). 14 The Industrial Canal is also known as the Inner Harbor Navigation Canal. 15 Senate Hearing: Who’s in Charge of Levees at 1-2 (written statement of Col. Richard P. Wagenaar, Commander and District Engineer, New

Orleans District, U.S. Army Corps of Engineers); GAO Hurricane Protection Project at 3. 16 Interview by Select Comm. Staff with David Pezza [hereinafter Pezza Interview], U.S. Army Corps of Engineers (Dec. 9, 2005); GAO Hurricane

Protection Project at 3. 17 Un-Watering Plan at 1. 18 GAO Hurricane Protection Project at 4; U.S. Army Corps of Engineers, Release No. PA-05-08, News Release: U.S. Army Corps of Engineers Hurricane

Relief Support and Levee Repair, (Sept. 3, 2005) (hurricane protection projects were designed to withstand forces of a hurricane that has a 0.5 percent chance of occurrence in any given year).

19 The U.S. Weather Service is now the National Weather Service. 20 GAO Hurricane Protection Project at 4-5. 21 Hearing on Hurricane Protection Plan for Lake Pontchartrain and Vicinity Before the House Comm. on Public Works and Transportation Subcommittee

on Water Resources [hereinafter 1978 Hearing on Protection Plan for Lake Pontchartrain], 95th Congress, 45 at 16, (Jan. 5, 1978) ( statement of Col. Early Rush, District Engineer, US Army Engineer District, New Orleans) (When USACE designs fl ood protection projects, it models forces that were expected from the most severe combination of meteorological conditions reasonably characteristic of the region approaching from different paths. This is one of the reasons why, there is a great deal of variability among the heights of the different parts of the fl ood protection system).

22 USACE News Release: Levee Repair; GAO Hurricane Protection Project at 1, 4; Anu K. Mittal, U.S. Gov’t Accountability Offi ce, Pub. No. GAO-06- 322T, Testimony Before the Committee on Homeland Security and Governmental Affairs, U.S. Senate: Hurricane Protection: Statutory and Regulatory Framework for Levee Maintenance and Emergency Response for the Lake Pontchartrain Project [hereinafter GAO Hurricane Protection: Statutory Framework] at 2 (Dec. 15, 2005); Un-Watering Plan at 3.

23 GAO Hurricane Protection: Statutory Framework at 4-5. 24 Id. 25 Id. at 5. 26 Report on Levee Performance at 1-3, 1-4. 27 Un-Watering Plan at 6. 28 U.S. Water Resources Council, Economic and Environmental Principals for Water and Related Land Resourcess Implementation Studies at iv, vi, 12

(Mar. 10, 1983) (These guidelines apply to USACE, among other agencies, and require calculations of impact on (a) national economic development, (b) environmental quality, (c) regional economic impact, and (d) other social effects. The last category includes “urban and community impacts: life, health, safety” and others).

29 1978 Hearing on Protection Plan for Lake Pontchartrain at 16 (statement of Col. Early Rush). 30 See Eric Lipton, White House Was Told Hurricane Posed Danger, N.Y. TIMES, Jan. 24, 2006 at A6. 31 William L. Waugh, Jr., The Disaster That Was Katrina, NATURAL HAZARDS OBSERVER, Vol. XXX No. 2, Nov. 2005 at 7-8. 32 Id. 33 Shirley Laska, What if Hurricane Ivan Had Not Missed New Orleans?, NATURAL HAZARDS OBSERVER, Vol. XXIX No. 2, Nov. 2004 at 5-6. 34 Id. 35 Un-Watering Plan at 1. 36 Id. at 7. 37 Id. 38 GAO Hurricane Protection Project at 8.

A FAILURE OF INITIATIVE 99

39 Bob Marshall, Hurricane Pam Exercise Offered Glimpse of Katrina Misery, TIMES PICAYUNE (New Orleans) Sept. 9, 2005. 40 National Weather Service, New Orleans, LA, Urgent - Weather Message, ...Devastating Damage Expected..., 10:11 a.m. CDT (Aug. 28, 2005). 41 Interview of Kathleen Babineaux Blanco, Governor of LA, CNN Saturday Night, (Aug. 28, 2005) (8:00 p.m. ET). 42 Press Conference by C. Ray Nagin, Mayor of New Orleans, and Kathleen Babineaux Blanco, Governor of LA, MSNBC, et al, Aug. 28, 2005. 43 Pezza Interview; Senate Hearing: Who’s in Charge of Levees at 2 (written statement of Director Hearn); Report on Levee Performance at 6-1; GAO

Hurricane Protection Project at 3. 44 Pezza Interview; Senate Hearing: Who’s in Charge of Levees at 2 (written statement of Director Hearn); Report on Levee Performance at 6-1; GAO

Hurricane Protection Project at 3. 45 33 U.S.C. §701t (2005) (They are eligible as long as they are active in USACE’s Rehabilitation Inspection Program. To be eligible, they have to

pass annual inspections by USACE, which was the case for the Lake Pontchartrain project). 46 Pezza Interview. 47 Pezza Interview; Senate Hearing: Who’s in Charge of Levees at 3 (written statement of Director Hearn); GAO Hurricane Protection: Statutory

Framework at 6. 48 Hearing on Hurricane Katrina: Why Did the Levees Fail? Before U.S. Senate Committee on Homeland Security and Governmental Affairs [hereinafter

Senate Hearing: Why Did Levees Fail], 109th Cong. (Nov. 2, 2005) (statement of Raymond B. Seed, Professor of Civil and Environmental Engineering, University of California, Berkley).

49 Senate Hearing: Who’s in Charge of Levees (written statement of Col. Wagenaar at 2); GAO Hurricane Protection: Statutory Framework at 6. 50 Pezza Interview; GAO Hurricane Protection: Statutory Framework at 8. 51 Pezza Interview; GAO Hurricane Protection: Statutory Framework at 9. 52 Senate Hearing: Who’s in Charge of Levees (written statement of Col. Wagenaar at 2); GAO Hurricane Protection: Statutory Framework at 6. 53 Senate Hearing: Why Did Levees Fail (statement of R.B. Seed). 54 Un-Watering Plan at 4. 55 Interagency Performance Evaluation Task Force, Interim Report to Task Force Gaurdian, Summary of Field Observations Relevant to Flood Protection in

New Orleans [hereinafter Interim Report on Flood Protection in New Orleans], LA at 7 (Dec. 5, 2005). 56 Senate Hearing: Why Did Levees Fail (statement of R.B. Seed). 57 Senate Hearing: Why Did Levees Fail (statement of Peter Nicholson, Associate Professor, Civil and Environmental Engineering, University of

Hawaii). 58 Senate Hearing: Why Did Levees Fail (statement of R.B. Seed). 59 Pezza Interview; Senate Hearing: Who’s in Charge of Levees at 3 (written statement of Director Hearn). 60 Pezza Interview; GAO Hurricane Protection: Statutory Framework at 9. 61 Senate Hearing: Who’s in Charge of Levees at 2 (written statement of Col. Wagenaar). 62 GAO Hurricane Protection: Statutory Framework at 10. 63 Pezza Interview; Report on Levee Performance at 2-2. 64 Frank Langfi tt, Residents Say Levee Leaked Months Before Katrina National Public Radio, NATIONAL PUBLIC RADIO, MORNING EDITION (Nov.

22, 2005) available at http://www.npr.org/templates/story/story.php?storyId=5022074 (last visited Feb. 1, 2005). 65 Id. 66 Id. 67 Richard D. Knabb, et al., National Hurricane Center, Dep’t of Commerce, Tropical Cyclone Report: Hurricane Katrina 23-30 August 2005

[hereinafter NHC: Hurricane Katrina] at 1, (Dec. 20, 2005). 68 Id. at 1. 69 Id. 70 Id. at 7. 71 Id. at 8. 72 Id. at 11; GAO Hurricane Protection Project at 2. 73 NHC: Hurricane Katrina at 8. 74 Report on Levee Performance at 1-4. 75 NHC: Hurricane Katrina at 8. 76 Id. at 9. 77 Id. 78 Report on Levee Performance at 1-2; NHC: Hurricane Katrina at 9 (Additional support that the surge severely strained the levee system). 79 NHC: Hurricane Katrina at 9. 80 Id. 81 Pezza Interview. 82 GAO Hurricane Protection: Statutory Framework at 9. 83 Senate Hearing: Who’s in Charge of Levees at 4 (written statement of Director Hearn). 84 Senate Hearing: Why Did Levees Fail (statement of R.B. Seed). 85 Interview by Select Comm. Staff with General Joseph B. Veillon, Assistant Adjutant General for Air, LA Air Nat’l Guard in Baton Rouge, LA

(Nov. 3, 2005). 86 Audio recordings of Hurricane Katrina Conference Calls, LA State Emergency Operations Center (Aug. 26-29, 2005). 87 Senate Hearing: Who’s in Charge of Levees at 4 (written statement of Col. Wagenaar). 88 Id. at 5. 89 Richard P. Wagenaar, Col., New Orleans District, U.S. Army Corps of Engineers, Situation report: Event Hurricane Katrina, (Aug. 29, 2005). 90 Interview by Select Comm. Staff with Lonnie Swain, Deputy Police Superintendent, New Orleans Police Dep’t, in New Orleans, LA, (Nov. 9,

2005). 91 Senate Hearing: Who’s in Charge of Levees (written statement of Col. Wagenaar).

100 A FAILURE OF INITIATIVE

92 Pezza Interview. 93 Senate Hearing: Who’s in Charge of Levees (written statement of Col. Wagenaar). 94 Id. at 5. 95 Id. at 6. 96 Flood Control Act of 1941 § 5, 33 U.S.C. § 701n (2005) (Authorizes USACE to conduct emergency operations and rehabilitation activities

when levees fail or are damaged and allows USACE to provide emergency operations to include technical assistance and direct assistance— providing sandbags and pumps, emergency contracting, and levee reinforcement. USACE administrative policies, guidance, and operating procedures for natural disaster preparedness, response, and recovery activities are set out in 33 C.F.R. Part 203 (2005).); see Senate Hearing: Who’s in Charge of Levees at 3 (written statement of Col. Wagenaar); also GAO Hurricane Protection: Statutory Framework at 14-15.

97 GAO Hurricane Protection: Statutory Framework at 10. 98 U.S. Army Corps of Engineers, Manual No. 1110-2-1913, Engineering and Design: Design and Construction of Levees 8-9 (Apr. 30, 2000). 99 See Interim Report on Flood Protection in New Orleans at 12-13. 100 Lieutenant Colonel Pease, U.S. Army Corps of Engineers, US Army Corps of Engineers Support to Hurricane Katrina Response, (Aug. 31, 2005). 101 Id. 102 Hearing on Hurricane Katrina: Voices from Inside the Storm Before Select Comm., 109th Cong., (Dec. 6, 2005) (statement of Harry Alford,

President, National Black Chamber of Commerce). 103 Senate Hearing: Who’s in Charge of Levees (written statement of Col. Wagenaar). 104 Id. 105 See Un-Watering Plan; SE LA Functional Hurricane Plan at 6-7. 106 U.S. Army Corps of Engineers, USACE/ESF#3: Hurricane Season 2005 at 23 (Oct. 28, 2005) (on fi le with the Select Comm.). 107 Hearing on Hurricane Katrina: The Federal Government’s Use of Contractors to Prepare and Respond Before the Select Comm., 109th Cong., (Nov. 2,

2005) (written statement of Norbert Doyle, Col., Principal Assistant Responsible For Contracting (Acting), U.S. Army Corps Of Engineers). 108 Shirley Laska, What if Hurricane Ivan Had Not Missed New Orleans?, NATURAL HAZARDS OBSERVER, Vol. XXIX No. 2, Nov. 2004 at 6. 109 NHC: Hurricane Katrina at 9; see SE LA Functional Hurricane Plan at 6. 110 Senate Hearing: Why Did Levees Fail (statement of Sen. Susan M. Collins, Chairman). 111 Senate Hearing: Why Did Levees Fail (written statement of Paul F. Mlakar, Ph.D., P.E., Senior Research Scientist, U.S. Army Research and

Development Center). 112 Louisiana State U. Hurricane Center, Newsbriefs, http://hurricane.lsu.edu/newsbriefs.htm (last visited Jan. 29, 2006). 113 Senate Hearing: Why Did Levees Fail (statement of Peter Nicholson). 114 Senate Hearing: Why Did Levees Fail (statement of R.B. Seed). 115 Report on Levee Performance at 1-1. 116 See Senate Hearing: Why Did Levees Fail. 117 Senate Hearing: Why Did Levees Fail (statement of Sen. Collins). 118 See Interim Report on Flood Protection in New Orleans. 119 Report on Levee Performance at v; Senate Hearing: Why Did Levees Fail (written statement of Paul F. Mlakar). 120 Report on Levee Performance at iv; Senate Hearing: Why Did Levees Fail (statement of Ivor L. van Heerden, Ph.D., Deputy Director, LA State U.

Hurricane Center). 121 Report on Levee Performance at 1-5; Matthew Brown, Katrina may mean MR-GO has to go, TIMES-PICAYUNE (New Orleans), Oct. 24, 2005 at 1;

Senate Hearing: Why Did Levees Fail (statement of Ivor L. van Heerden). 122 Senate Hearing: Why Did Levees Fail (statement of R.B. Seed). 123 Report on Levee Performance at 1-5; Senate Hearing: Why Did Levees Fail (written statement of Paul F. Mlakar) and (statement of Ivor L. van

Heerden). 124 Senate Hearing: Why Did Levees Fail (statement of Ivor L. van Heerden). 125 Senate Hearing: Why Did Levees Fail (statement of Peter Nicholson). 126 Report on Levee Performance at cover, v. 127 U.S. Army Corps of Engineers, Release No. PA-05-18, News Release: Interagency Performance Evaluation Task Force – Testing Report on Sheet Pile

Foundation Lengths in New Orleans Levees, (Dec. 9, 2005).

A FAILURE OF INITIATIVE 101

“At the local level, I think the biggest failure was leadership didn’t take into account the fact

that poor residents had no way of evacuating. I also think Governor Blanco should have

called for a mandatory evacuation sooner and that Mayor Nagin should have coordinated

better with Amtrak.” Terrol Williams

New Orleans Citizen and Evacuee

Select Committee Hearing, December 6, 2005

“We estimate that over 1 million people, or approximately 90 percent of the affected

parishes’ populations, evacuate[d] in about a 40-hour period. I don’t know of any other

evacuation that has occurred with that many people under these circumstances with that

high of percentage of people being evacuated in that short of a time period.”

Colonel (Ret.) Jeff Smith

Deputy Director, Louisiana Offi ce of Homeland Security

and Emergency Preparedness

Select Committee Hearing, December 14, 2005

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EVACUATION

Failure of complete evacuations led to preventable deaths, great suffering, and further delays in relief

Summary

Evacuation is a critical part of emergency preparation

for a hurricane. Such preparation includes both

detailed evacuation planning and implementation of

the evacuation plan in potentially affected areas once

a hurricane is projected to make landfall. The states of

Alabama, Mississippi, and Louisiana, and many of their

localities (e.g., New Orleans) have hurricane evacuation

plans and years of experience implementing them.

In Alabama and Mississippi, the state or localities

declared mandatory evacuations as Hurricane Katrina

approached, and implementation of their evacuation

plans went relatively well. In Louisiana, the state and

local implementation of evacuation plans for the general

population also went well, resulting in one of the largest

emergency evacuations in history.

Two of Louisiana’s most populous localities, New

Orleans and Jefferson Parish, declared mandatory

evacuations late or not at all. While the defi nition of

“mandatory” evacuation and the associated obligations

and liabilities that local governments assume are still

being debated, early designation of the evacuation of New

Orleans as mandatory could have increased the number of

people that left, resulting in a more complete evacuation,

saving lives, and reducing suffering. New Orleans city

offi cials, who were responsible for executing an evacuation

plan and who had the authority to commandeer resources

to assist in the evacuation, failed to evacuate or assist in the

evacuation of more than 70,000 individuals who did not

leave either before the announcement of the mandatory

evacuation or before the storm hit. Those who did not

evacuate included many who did not have their own means

of transportation. Despite the declaration of a mandatory

evacuation on Sunday before landfall, New Orleans

offi cials still did not completely evacuate the population.

Instead, they opened the Superdome as a “shelter of last

resort” for these individuals.

Problems sheltering this population, beyond

emergency planners’ general preference for evacuation,

were exacerbated by inadequate preparations for a large

population at the Superdome. For those with medical

or special needs, New Orleans and other institutions

also failed to evacuate them, but instead sheltered them

— a decision that also had negative consequences and is

discussed in detail in the MEDICAL CARE chapter. Those

individuals in all states who

had the means to evacuate, but

did not do so, must also share

the blame for the incomplete

evacuation and the diffi culties

that followed.

The failure of a more

complete evacuation led to

catastrophic circumstances

when Katrina made landfall,

particularly in New Orleans

where the force of the hurricane

breached the levee system in

multiple locations throughout

the metropolitan area. As the

resulting fl oodwaters spread

through low lying urban areas,

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104 A FAILURE OF INITIATIVE

thousands of people

who were trapped in

their homes climbed

to their roofs or

fl ed into fl ooded

streets. Fortunately,

thousands of these

people were saved by

a massive and heroic

search and rescue

effort. But many were

not as fortunate, and

hundreds of people

died in their homes or other locations, presumably from

drowning. Those who were in the Superdome, or those

that found shelter and high ground at other locations,

suffered horrible conditions. The fl oodwaters, which

had been anticipated and even predicted from a large

hurricane such as Katrina, furthered the misery and

delayed the immediate relief of the remaining population.

The incomplete evacuation and fl oodwaters also

required a post hurricane evacuation, for which federal,

state, and city offi cials had not prepared. Because of a

lack of preparations, planning had to be accomplished

in emergency circumstances, where communications and

situational awareness were in short supply. Requirements

for buses kept growing as a lack of willing drivers and

diversions of buses continued to delay the evacuation

of the Superdome and other locations. Finally, the

combination of more buses and supplemental airlifts

resulted in a complete evacuation of New Orleans.

Finding: Evacuations of general populations went relatively well in all three states

Evacuation is a critical part of emergency preparation for a hurricane

Because of the destructive forces of hurricanes, evacuation

planning is very important. Preparation for an approaching

hurricane includes both detailed evacuation planning and

implementation of that plan in potentially affected areas

once a hurricane is projected to make landfall. Federal

Emergency Management Agency (FEMA) offi cials told

Select Committee staff that emergency planners prefer

evacuation to sheltering people within affected areas

because the sheltered population is subject to the most

intense dangers of the storm and because it may be a slow

and diffi cult operation to get relief personnel and supplies

back into hurricane ravaged areas.

The state of Louisiana has an evacuation plan, which

was revised following Hurricane Ivan in 2004. The

evacuation for that storm had caused massive traffi c

jams leading out of New Orleans. Those traffi c jams were

the result of the

southernmost

parishes trying to

evacuate at the same

time as Orleans and

Jefferson Parishes,

the two most

populous parishes.

The new plan

called for a staged

evacuation with

the southernmost

parishes evacuating

fi rst, followed by

Lower Orleans

and Jefferson

Parishes, and then

Upper Orleans and Jefferson Parishes, facilitated by the

implementation of contrafl ow (one-way outbound traffi c)

on the highways leading out of New Orleans.1

In addition to the Louisiana state plan, local

governments have emergency evacuation plans. The City of

New Orleans Comprehensive Emergency Management Plan

(“New Orleans Plan”) provides: “The authority to order

the evacuation of residents threatened by an approaching

hurricane is conferred to the Governor by Louisiana

statute.”2 But this power “is also delegated to each political

subdivision of the State by Executive Order.”3

The New Orleans Plan further explains: “This authority

empowers the chief elected offi cial of New Orleans, the

Mayor of New Orleans, to order the evacuation of the

parish residents threatened by an approaching hurricane.”4

Under this authority, the Mayor of New Orleans is

responsible for giving the order for a mandatory evacuation

and supervising the actual evacuation of his population.

The Mayor’s Offi ce of Emergency Preparedness must

“[c]oordinate with the State . . . on elements of evacuation”

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A FAILURE OF INITIATIVE 105

and “[a]ssist in directing the transportation of evacuees to

staging areas.”5

The importance of evacuations is expressed in the

New Orleans Plan: “The safe evacuation of threatened

populations . . . is one of the principle reasons for

developing a Comprehensive Emergency Management

Plan.”6 In furtherance of that goal, “[t]he city of New

Orleans will utilize all available resources to quickly and

safely evacuate threatened areas.”7

Mississippi also has a state evacuation plan, one that

takes account of local plans because of the key role that

counties play in declaring evacuations. According to the

testimony of the Director of the Mississippi Emergency

Management Agency (MEMA), Robert Latham, the

authority to make decisions about mandatory evacuations

in Mississippi rests with local governments.8 However,

the state is generally included in any discussions about

evacuation orders because, once a city or county chooses

to make such an order, state responsibilities for managing

traffi c (including contrafl ow) and opening shelters can

come into play.9 In preparing for Hurricane Katrina,

the Mississippi offi cials worked through the MEMA

liaisons it dispatched to the counties along or near the

Gulf Coast as well as a representative it had stationed

in Louisiana’s emergency operations center (because of

contrafl ow agreements between Mississippi and Louisiana

that provide for evacuations out of southeast Louisiana

through Mississippi).10

Alabama also has an evacuation plan and recently

revised it. Lessons learned during Alabama’s response

to Hurricanes Ivan and Dennis helped refi ne the state’s

actions as Katrina neared. Having been criticized for

triggering evacuations that turned out to be unnecessary,

Alabama offi cials practiced to reduce the time required to

reverse traffi c fl ows on the major routes and encouraged

county and local offi cials to defi ne smaller evacuation

zones within their jurisdictions to better target evacuation

actions. According to Governor Riley:

On Katrina there was an evacuation plan that was a

little more moderate than I had hoped for, and we

convinced everyone in the room to expand it. The

time before, as I said earlier, we got some criticism

because we may have expanded it too much. We have

gone back and built a zone type process. But we take

all of the local team, because you have to have local

buy-in because it won’t work if you don’t.11

Alabama state and county offi cials testifi ed that one

of their diffi culties in planning evacuations is that Army

Corps of Engineers data used as the basis for evacuation

plans and models is outdated. According to Alabama

Emergency Management Agency (AEMA) Director Bruce

Baughman:

The two coastal counties have had studies done by

the [Army] Corps of Engineers. Those studies were

about fi ve years old. In the case of Mobile County,

the data did not include the windfi elds. So it doesn’t

give you complete information when you are trying

to make decisions on clearance times …. [I]t is

based upon dated information. Baldwin County has

grown by leaps and bounds so that you have got a

higher population. And not only that, before Labor

Day, you have got probably 100,000 people … as far

as outside individuals that are tourists down in that

area, and that is not computed into your clearance

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times. What we have done is we have taken the data

that is available that is between 22 and 24 hour

clearance times for those two counties, and generally

we allow 26 to 28 hour clearance times. But that is a

best guess. What we need to do is based upon some

real time data, so other studies need to be done in

that particular area. That used to be funded out of

the Hurricane Preparedness Program, and those

studies are lagging way behind.12

Mississippi declared mandatory evacuations which generally went well

Mississippi evacuations were generally mandatory and

went relatively well. Five Mississippi counties — Hancock,

Jackson, Harrison, Stone, and Pearl River — issued

mandatory evacuation orders on or before August 28

for specifi c areas or zones of their counties and/or those

living in mobile homes.13 For example, Harrison County

fi rst issued a mandatory evacuation order for its zones A

and B, which include all of its Gulf-front and low-lying

areas, at 10 a.m. on August 28; it strongly advised, but did

not mandate, that residents in its highest elevations (zone

C) evacuate the county.14 According to Governor Haley

Barbour, he has the authority to usurp county offi cials’

decisions — that is, order a mandatory evacuation if they

have not — but he chose not to do so because county

offi cials are closer to the situation than he is.15

During the evacuation, Mississippi Department of

Transportation personnel collected and reported traffi c

fl ow information along evacuation routes, including

areas where contrafl ow was in place for those evacuating

Louisiana. At 7 p.m. on August 28, traffi c counts

were “consistently high” and the contrafl ow areas

showed a continuous increase in traffi c.16 According

to traffi c counts, by 11 p.m. that evening, traffi c along

the evacuation/contrafl ow routes had decreased

substantially.17

Rep. Gene Taylor asserted, however, that evacuation

planning ought to include providing people with gasoline,

especially at the end of the month:

The other thing that I fi nd interesting is that in all

these scenarios that I’m sure you’ve thought out,

did FEMA bother to realize that it is the 28th of

the month, a lot of people live on fi xed income,

be it a Social Security check or a retirement check,

they’ve already made their necessary purchase for the

month. What they couldn’t envision is having to fi ll

up their gas tank one more time, at almost 3 bucks

a gallon just to get the heck out of there. What I

think no one is really focused on is a heck of a lot of

people who stayed behind were people with limited

means.18

Former Undersecretary Brown strongly opposed the

suggestion that FEMA should have supplied gasoline:

Congressman, FEMA is not there to supply

gasoline, transportation; it is not the role of the

federal government to supply fi ve gallons of gas for

every individual to put in a car to go somewhere.

I personally believe that is a horrible path to go

down. And while my heart goes out to people

on fi xed incomes, it is primarily a Sate and local

responsibility.19

Whether providing gasoline should be a federal or

state and local responsibility, there may very well have

been victims of Hurricane Katrina who did not evacuate

because at the end of the month they had run out of

money for gasoline and found no other way to get

gasoline or evacute. STATE OF MISSISSIPPI

A FAILURE OF INITIATIVE 107

Alabama mandatory evacuations also went relatively well

Alabama began implementing the evacuation early, and

its evacuation also went well. Even before any Alabama

evacuations began, AEMA and state transportation

offi cials participated in the FEMA regional Evacuation

Liaison Team conference calls during which emergency

managers from Florida, Louisiana, and Mississippi

shared information on the status of evacuation routes,

road closures, traffi c volumes, hotel availability, and

other interstate implications of signifi cant population

migrations in the region.20

As it became clear Katrina would have a signifi cant

impact on the Alabama coast, Baldwin County emergency

management offi cials called for a voluntary evacuation

of all coastal, fl ood-prone, and low lying areas at 5 p.m.

on Saturday, August 27.21 State emergency management

offi cials asked the Governor to declare a mandatory

evacuation for threatened areas of Baldwin and Mobile

Counties on Sunday, August 28.22 According to the

announcement released by the Governor’s offi ce, “In

Baldwin County, the order calls for the evacuation of

those on Plash Island, the Fort Morgan peninsula, and

all areas south of Fort Morgan Road for Gulf Shores.

The order also calls for the evacuation of those living in

Perdido Key and south of Perdido Beach Boulevard. Those

in all low lying and fl ood-prone areas south of I-10 in

Baldwin County and those living along the Mobile Bay

Area and other water inlets also fall under the evacuation

order.”23 Governor Riley testifi ed:

. . . [W]e made it voluntary 36 hours out, and then

shortly thereafter we made it mandatory. As it comes

closer, as the cone begins to funnel in and we have

a higher likelihood that it is going to happen, we

make it mandatory. We ask people to leave. We do

everything we can to encourage them to leave. But,

again, the limiting factor is the amount of time. The

difference between trying to evacuate our beaches

before Labor Day and after Labor Day is like daylight

and dark, because we have so many more vacationers

there. And then when you layer on top of that the

number of people that will be coming out of the

Florida panhandle that will come through Alabama,

if we don’t start it three days early, you just physically

do not have the capacity to take care of it.24

Alabama did not implement reverse lane strategies

(i.e., contrafl ow) in response to Hurricane Katrina, as road

closures were limited and traffi c volume never warranted

it. The state reported 118,900 applications for evacuation

assistance by Alabama residents, of which 23,853 were by

out of state residents.25

Louisiana evacuation of general population was very successful

The Louisiana evacuation for the general population,

including contrafl ow, worked very well. Governor Kathleen

Babineaux Blanco and other state offi cials labeled the

implementation of this evacuation as “masterful” and

as one of the most successful emergency evacuations in

history.26 Based on National Weather Service reports of

Katrina’s “dramatic shift” toward Louisiana on Friday, the

state had less time than planned to prepare for contrafl ow

and had to implement it in a compressed timeframe.27

Nevertheless, the contrafl ow planning and

implementation went smoothly. The state effectively used

conference calls to coordinate among the parishes. Some

parishes declared some level of evacuation for the entire

parish as early as Saturday morning, August 27, at 9:00

a.m. These were generally the lower parishes (LaFourche,

Plaquemines, St. Bernard, and St. Charles), which was

consistent with the Louisiana state plan for getting these

populations to evacuate ahead of the metropolitan New

Orleans population.

The parishes generally started with the declaration

of a “recommended” evacuation and changed these to

a “mandatory” evacuation as Katrina got closer. The

state also coordinated closely with Mississippi and Texas

on traffi c and/or sheltering issues. For example, Friday

afternoon Blanco called Barbour to coordinate that

portion of the contrafl ow plan that involved highways

leading out of Louisiana into Mississippi, and Governor

Barbour agreed to the contrafl ow plan.28

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Finding: Despite adequate warning 56 hours before landfall, Governor Blanco and Mayor Nagin delayed ordering a mandatory evacuation in New Orleans until 19 hours before landfall

Terms for voluntary and mandatory evacuations lack clear defi nitions

A wide variety of terms were used to describe the levels

of evacuation orders, indicating a lack of clarity and a

potential point of confusion for the resident population.

For example, the different parishes used a wide variety of

terms to describe the level of evacuation imposed before

declaring a mandatory evacuation. These terms included

a “precautionary” evacuation, a “voluntary” evacuation,

a “recommended” evacuation, a “highly recommended”

evacuation, and a “highly suggested” evacuation.29 It

appeared many of these offi cials were bending over

backward to avoid using the term mandatory.

Throughout our discussions in all three states, Select

Committee staff were unable to fi nd a clear and consistent

defi nition of mandatory evacuation. However, there was a

consensus among almost all offi cials in all three states that

even under a mandatory evacuation, authorities would not

forcibly remove someone from their home. For example,

in the case of Louisiana, both Blanco and LOHSEP Deputy

Director Colonel Jeff Smith emphatically rejected the idea

that people could be forcibly removed from their homes

even under a mandatory evacuation order. Blanco said,

“Well, in the United States of America you don’t force

people [out of their homes], you urge them.”30 Smith said:

“It is America. You can’t force people on to buses; you can’t

go into their houses at gunpoint and leave [sic].”31

Under Alabama state law, a mandatory evacuation

declaration by the Governor is required before counties can

take certain actions to ensure maximum compliance with

local orders by those at risk.32 But, regarding the practical

meaning and effect of “mandatory” versus “voluntary”

evacuations, Riley said:

We probably need to come up with a better

defi nition of what mandatory is. We call it a

mandatory evacuation because everyone else calls it

a mandatory evacuation. But do we arrest anyone?

No. Do we send people door to door? Absolutely.

We have a phone system, that they can explain to

you in just a moment, where we have an automated

system that calls every resident, asks them to

leave, advises them with a phone message of how

important it is. We keep doing it until we get in

touch with everyone. Do you ever get to the point

that everyone is going to leave? I don’t think so.33

Nevertheless, it is clear to the Select Committee

that declaring a mandatory evacuation delivers a more

powerful statement to the public than declaring a

voluntary or similarly worded evacuation. A mandatory

evacuation implies that individuals do not have a choice,

that the government will not be able to protect them and

provide relief if they remain, and it generally conveys a

higher level of urgency.

Federal, state, and local offi cials recognized the potential for catastrophe and fl ooding and communicated that potential among themselves and to the public

Regardless of the various terms used for evacuations, federal

offi cials fully informed Blanco and New Orleans Mayor C.

Ray Nagin about the threat to New Orleans. On the evening

of August 27, National Hurricane Center Director Max

Mayfi eld called Blanco and later spoke to Nagin about the

power of Hurricane Katrina.34 Also on Sunday, President

Bush called Blanco to express his concern for the people

of New Orleans and the dangers they faced and urged a

mandatory evacuation.35 On Sunday, the Slidell Offi ce of

the National Weather Service, issued a very strongly worded

warning at approximately 10:00 a.m.:

Devastating damage expected . . . Hurricane Katrina

. . . a most powerful hurricane with unprecedented

strength . . . rivaling the intensity of Hurricane

Camille of 1969… Most of the area will be

uninhabitable for weeks . . . perhaps longer. At least

half of well constructed homes will have roof and

wall failure. All gabled roofs will fail . . . leaving

those homes severely damaged or destroyed… Water

shortages will make human suffering incredible by

modern standards.36

A FAILURE OF INITIATIVE 109

State and local offi cials also urged the public to evacuate

by foretelling the potentially catastrophic consequences.

For example, beginning on Saturday, August 27, Blanco

publicly urged citizens to evacuate the city, expressing her

concern for the strength of the levees against at least a

Category 4 storm.37 In several interviews on Saturday and

Sunday, Blanco stated that fl ooding in New Orleans was a

major concern. On Saturday at approximately 8:00 p.m.,

she appeared on CNN and said that in New Orleans “[t]he

storm surge could bring in 15 to 20 feet of water. [People in

the city of New Orleans] will not survive that if indeed that

happens.”38 In the Sunday morning papers, it was reported

that she had said the water levels could reach as high as

20 feet.39 In a television interview on Sunday, Blanco was

asked if the 15 foot levees could survive the storm, and she

replied: “I don’t think anything can tolerate a storm surge

of 15-20 feet.”40

In a Fox News interview on Sunday, Nagin was very

specifi c about the threat. He said whether the levees would

hold was the “big question.”41 He said he hoped people

who stayed in the French Quarter would go up to their

homes’ second or third story and bring something to chop

through their roofs.42 He expressed his worry that “[the

levees] have never truly been tested the way they’re getting

ready to be tested. If there’s a breach and if they start to fail,

it probably will create somewhat of a domino effect which

would pour even more water into the city.”43

Blanco’s staff also called ministers on Saturday to

urge them to tell their congregations to get out.44 And

apparently, the Mayor and his staff did similar things.45

But these steps were clearly insuffi cient.

The declarations of a “mandatory” evacuation were delayed or never made in metropolitan New Orleans

Neither Blanco nor Nagin, however, ordered a mandatory

evacuation until Sunday morning. According to the

Saturday newspapers, Nagin said “he will make a decision

about evacuations and other emergency procedures

[Saturday] about noon.”46 At a news conference on

Saturday, Nagin announced: “Ladies and Gentlemen,

this is not a test. This is the real deal.”47 But as late as

Saturday afternoon, according to news reports, Nagin was

consulting city lawyers about legal liability to the city’s

businesses for lost revenue from evacuating customers.48

In addition, despite express authority to commandeer

resources and enforce or facilitate the evacuation of

the City of New Orleans and despite recognition of

the probability that Hurricane Katrina would cause

breaches of the levees and fl ooding of the city, Blanco and

Nagin did not exercise those authorities by declaring a

mandatory evacuation and enforcing it or using state and

city resources to facilitate the evacuation of those who

could not or would not, absent extraordinary measures

and assistance, evacuate. This extraordinary storm required

extraordinary measures, which the Governor and Mayor

did not take.

Finally, on Sunday morning at around 11:00 a.m.

central time — 19 hours before projected landfall, Nagin

announced the issuance of a mandatory evacuation

order.49 According to the New Orleans Plan, that gave

the Mayor the authority to “direct and compel, by any

necessary and reasonable force, the evacuation of all or

part of the population from any stricken or threatened

area within the City if he deems this action necessary

for the preservation of life, or for disaster mitigation,

response, or recovery.”50 As previously noted, the New

Orleans Plan also recognizes that “[t]he safe evacuation

of threatened populations when endangered by a major

catastrophic event is one of the principle reasons for

developing a Comprehensive Emergency Management

Plan” and that “[s]pecial arrangements will be made to

evacuate persons unable to transport themselves or who

require special life saving assistance.”51

In a joint news conference on Sunday morning, Blanco

and Nagin continued to express their concerns and

explain the reason for the Mayor’s issuing a mandatory

evacuation order. Their comments raise the question as to

why, given the severity of the predicted catastrophe, the

mandatory evacuation was not ordered sooner.

Mayor Nagin: Ladies and gentlemen, I wish I had

better news for you. But we are facing a storm that most of us have feared. I do not want to create panic. But I do want the citizens to understand that

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this is very serious, and it’s of the highest nature. And

that’s why we are taking this unprecedented move.

The storm is now a Cat 5, a Category 5, as I appreciate it, with sustained winds of 150 miles an hour, with wind gusts of 190 miles per hour.

The storm surge most likely will topple our levee system. So we are preparing to deal with that also. So that’s why we’re ordering a mandatory

evacuation . . . .

. . . .

This is a once in probably a lifetime event. The

city of New Orleans has never seen a hurricane of

this strength to hit it almost directly, which is what

they’re projecting right now.52

During the press conference Blanco stated:

I want to reiterate what the mayor has said. This is

a very dangerous time. Just before we walked into this room, President Bush called and told me to share with all of you that he is very concerned about the citizens. He is concerned about the impact that this hurricane would have on our people. And he asked me to please ensure that there would be a mandatory evacuation of New Orleans.

The leaders at the highest ranks of our nation have

recognized the destructive forces and the possible

awesome danger that we are in. And I just want to say, we need to get as many people out as possible. The shelters will end up probably without electricity or with minimum electricity

from generators in the end. There may be intense fl ooding that will be not in our control, which would be ultimately the most dangerous situation that many of our people could face.

Waters could be as high as 15 to 20 feet. That is

what the Miami National Weather Service, the

National Hurricane Center, has shared with us. That

would probably be ultimately the worst situation.

We’re hoping that it does not happen that way.

We need to pray, of course, very strongly, that the

hurricane force would diminish. But just remember,

even if it diminishes to 1, there were six people lost

in Florida when it was a Category 1 hurricane. So

there’s still imminent danger. There seems to be no

real relief in sight, and it has been startling to see

how accurate the path was predicted, and how it is

following the predicted path.

So we have no reason to believe right now that it

will alter its path.

Hopefully, you know, it could move just a little

bit in one direction or another and not keep New

Orleans in its sights. But we don’t know that that

would happen. That would be — we would be

blessed if that happened.53

Jefferson Parish — the other major component

of metropolitan New Orleans — never did declare a

mandatory evacuation, except for the lower parts of the

parish on the Gulf Coast. In a conference call among

parish offi cials, Jefferson Parish President Aaron Broussard

said he did not have the “resources to enforce” a

mandatory evacuation.54 Resource or enforcement issues,

however, were not raised by any of the other parishes that

declared mandatory evacuations. In addition, no one

requested that the state or federal government provide

resources to supplement those of the parish to implement

a more complete evacuation.

STATE OF LOUISIANA

A FAILURE OF INITIATIVE 111

Finding: The failure to order timely mandatory evacuations, Mayor Nagin’s decision to shelter but not evacuate the remaining population, and decisions of individuals led to incomplete evacuation

Earlier mandatory evacuation could have helped get more people out

While the Mayor and the Governor recognized the dangers

and expressed them to the public, they did not implement

evacuation procedures for all of the citizens of New

Orleans that refl ected the seriousness of the threat. The

results demonstrate the fl aw of the evacuation — tens of

thousands of citizens did not get out of harm’s way.

Specifi cally, the failure to order a mandatory

evacuation until Sunday, the decision to enforce that

order by “asking” people who had not evacuated to go

to checkpoints for bus service, and then using that bus

service to take people only as far as the Superdome did

not refl ect the publicly stated recognition that Hurricane

Katrina would “most likely topple [the] levee system”

and result in “intense fl ooding” and “waters as high

as 15 or 20 feet,” rendering large portions of the city

uninhabitable.55 As a result, more than 70,000 people

remained in the City to be rescued after the storm.56

While Blanco, Nagin, and Broussard, and leaders from

other parishes carefully managed the phased contrafl ow

evacuation, that only facilitated the evacuation of those

who had the means to evacuate the city. Nagin testifi ed

that, on Saturday, August 27, he “called for a strong

voluntary evacuation, urging all citizens that were able to

evacuate the city.”57 Although Nagin was rightly proud

of the achievement of the contrafl ow evacuation of the

region, he also conceded that “it probably wasn’t as good

as we — all of our citizens needed.”58

Some citizens of New Orleans believed that a

mandatory evacuation should have been called earlier and

that the government needed to assist people to evacuate.

New Orleans citizen and evacuee Doreen Keeler testifi ed,

“If a mandatory evacuation [order] would have been

called sooner, it would have been easier to move seniors

out of the area and many lives would have been saved.”59

She further testifi ed that “[g]oing to [senior citizens] with,

yo, this is a mandatory evacuation, you do not have a

choice, you have to leave, I feel would defi nitely help me

to get my senior citizens out without waiting as long as I

did in order to leave. And I think that if by some miracle

there was any type of evacuation plan available, it could

have been put into play earlier if a mandatory evacuation

had been called.”60

New Orleans citizen and community leader Dyan

French asked: “Why would you get in the public media

and ask a city, where 80 percent of its citizens ride public

transit, to evacuate? What [were] they supposed to do?

Fly?”61 New Orleans citizen and evacuee Terrol Williams

observed, “I think, unfortunately, a lot of the destruction

that we saw, that persons were unable to safely evacuate,

was because they were basically poor,”62 which was

echoed by Doreen Keeler: “They suffered through it

because they had no way of getting out.”63

New Orleans citizen and evacuee Leah Hodges

complained that “[t]he stray animals from the animal

shelter, most of whom would have been euthanized, were

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evacuated 2 days before the storm, and the people were

left to die. Buses that could have gotten our people, who

otherwise could not get out, were left to fl ood, and people

were left to die.”64 And Barbara Arnwine, Executive

Director for the Lawyers Committee for Civil Rights,

testifi ed: “We know that people were not able to evacuate

because some people just didn’t own cars.”65

In contrast to New Orleans, offi cials in adjoining

Plaquemines Parish cited their early declaration of a

mandatory evacuation as the key to achieving a high

evacuation rate. Plaquemines Parish President Benny

Rousselle (according to Plaquemines Parish Sheriff Jiff

Hingle) declared a mandatory evacuation on television

at 9:00 a.m. on Saturday, August 27.66 Sheriff’s deputies

started working the intersections to turn off traffi c lights

and expedite outbound traffi c.67 On Sunday, August 28,

Placquemines Parish Sheriff’s deputies went door-to-door

to warn people to evacuate and to identify those who

needed help doing so.68 Hingle said these efforts resulted

in Plaquemines Parish having an evacuation rate of 97 to

98 percent, which helped account for the small number of

fatalities there — only three.69

The shelter of last resort for those who could not or would not evacuate was inadequate

A critical part of evacuation planning is accounting for

those who cannot evacuate on their own, including those

without access to private transportation. State and local

emergency operations plans task transportation agencies

with primary responsibility to assemble buses and other

resources to operate this response function. For example,

Alabama’s Mobile County EOP states: “The principle

mode of transportation during an emergency situation

will be private vehicles. There will be citizens in Mobile

County that do not have private vehicles nor are able

to obtain transportation. These people will be looking

to the City and County government to provide this

emergency transportation. The Mobile County Emergency

Management Agency has been given the responsibility of

managing and coordinating this task.”70 An annex to the

Baldwin and Mobile County plans is more explicit:

Evacuation preparedness plans consider all

persons who do not have access to a private

vehicle and therefore would have to rely on public

transportation for evacuation. Local governments

attempt to arrange for adequate resources to

meet the demand for public transportation.

Planning for adequate special needs emergency

transportation for residents in private homes

is usually the responsibility of local emergency

management offi cials, while transportation for

those in health-related facilities is the responsibility

of the individual facilities. Although detailed

information concerning residents of private homes

may be diffi cult to obtain, each local government

is developing procedures for maintaining an up-

to-date roster of persons likely to need special

assistance. Non-ambulatory patients will require

transportation that can easily accommodate

wheelchairs, stretchers, and, possibly, life-sustaining

equipment. Lack of resources for these needs could

result in critical evacuation delays and increased

hazards for the evacuees. The Special Needs

population for each county changes from year to

year and requires public cooperation and assistance

to maintain an up-to-date listing.71

AP PHOTO/DAVID J. PHILLIP

A FAILURE OF INITIATIVE 113

Similarly, the New Orleans Plan specifi cally addresses

the issue of those without access to transportation. The

plan states that “[s]pecial arrangements will be made

to evacuate persons unable to transport themselves….

Additional personnel will be recruited to assist in

evacuation procedures as needed.”72 The New Orleans

Plan further warns that “[i]f an evacuation order is

issued without the mechanisms needed to disseminate

the information to the affected persons, then we face

the possibility of having large numbers of people either

stranded and left to the mercy of the storm, or left in areas

impacted by toxic materials.”73

Specifi cally, the New Orleans Plan provides that

“[t]ransportation will be provided to those persons

requiring public transportation from the area,” placing

the Regional Transit Authority as the lead agency for

transportation, supported by multiple federal, state, and

local agencies, including the Orleans Parish School Board,

New Orleans Equipment Maintenance Division, Louisiana

Department of Transportation, Louisiana National Guard,

Port of New Orleans, U.S. Coast Guard, New Orleans

Public Belt Railroad, and Amtrak.74 The tasks allotted to

the RTA include: “plac[ing] special vehicles on alert to

be utilized if needed[,] [p]osition[ing] supervisors and

dispatch[ing] evacuation buses [and i]f warranted by

scope of evacuation, implement[ing] additional service.”75

The New Orleans Plan expressly acknowledges that

“[a]pproximately 100,000 Citizens of New Orleans do not

have means of personal transportation.”76 Following the

mandatory evacuation order, city offi cials sent the police

and fi re department through the city “asking” people to

go to checkpoints where buses circulating through the

city would pick them up — but only to take them to the

Superdome which had been opened as a refuge of last

resort that day.77

Despite the New Orleans Plan’s acknowledgement

that there are people who cannot evacuate by themselves,

the city did not make arrangements for their evacuation.

Instead, city offi cials decided to shelter them in New

Orleans. As stated previously, emergency planners prefer

evacuation to sheltering, because the sheltered population

is subject to the most intense dangers of the storm.

Evacuation is also favored because it may be slow and

diffi cult to get relief personnel and supplies back into

hurricane ravaged areas.

In addition, New Orleans preparations for sheltering

these individuals were woefully inadequate. On Sunday

morning, New Orleans offi cials, instead of working to

move individuals out of New Orleans and out of harm’s

way, were drafting a plan to seize private facilities to

create additional “refuges of last resort.”78 Ultimately, city

offi cials designated only the Superdome as such a refuge.

As will be discussed later in this chapter, the

Superdome proved to be inadequate for the crowds that

had to take refuge there. Only at the last minute did the

City ask for food and water and medical personnel for

the Superdome. As discussed in the MEDICAL CARE

chapter, some of the federal medical assistance teams were

called in so late they did not make it to the Superdome

before landfall. On Sunday morning, the New Orleans

Director of Homeland Security, Terry Ebbert, predicted

“nightmare” conditions in the Superdome.79

Individuals share the blame for incomplete evacuation

The role of the individual was also an important factor

in metropolitan New Orleans’ incomplete evacuation. In

Louisiana, state and parish offi cials said that it is generally

the individual’s responsibility to evacuate or identify

themselves as having special needs if they need help. State

and parish offi cials noted varying degrees of cooperation

with evacuations among the individuals in the general

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population. They said many residents evacuate early on

their own, even before an evacuation is declared. These

individuals watch the weather reports when a hurricane is

in the Gulf and make their own informed choices.

Offi cials know from

experience, however, that

some percentage (from

10-25 percent) will not

evacuate. The Governor and

other state offi cials said some residents play “hurricane

roulette.”80 That is, against the advice of the authorities,

they stay and take the risk that the hurricane will hit

somewhere else or that they will be lucky and relatively

unaffected.

Select Committee staff heard similar comments

in Mississippi. Testimony from county emergency

management offi cials as well as Mississippi’s governor

indicated that “hurricane fatigue” as well as the expense

of repeatedly evacuating when storms threaten may have

caused some to not heed the mandatory evacuation

orders. For example, Barbour testifi ed that various areas

in the state had undergone mandatory evacuations for

Hurricane Ivan in 2004 and Hurricane Dennis earlier in

2005, but in both instances the storms ultimately made

landfall farther east, sparing Mississippi.81

Both state and parish offi cials in Louisiana said the

older population, some of whom might be classifi ed as

special needs, make up a substantial portion of those

playing “hurricane roulette.” They said there are a few

reasons for this. First, many of the older residents had

experience “sitting out” earlier hurricanes such as Betsy

(1965) or Camille (1969) and reasoned they could “sit

out” Katrina. Second, some of them were just “set in their

ways” and would not listen to others’ advice, even that of

their own adult children, to evacuate. In addition, Katrina

was originally headed for the Florida Panhandle, and its

turn to the west caught many residents by surprise. Finally,

it was the end of the month, when people did not have

money for gas to evacuate.82

Regardless of their reasons for not evacuating, those

that had the means to evacuate and did not do so must

share some of the blame. Many of these people paid for

their poor choices with their lives — as rising fl oodwaters

drown them in their homes. Others who stayed, but could

have left, suffered the less severe consequences of walking

through fl oodwaters to crowded shelters or other high

ground. These individuals suffered in horrible conditions

— some with shelter and food and water and some

without any of these — while they awaited evacuation,

which they could have done for themselves earlier.

Finding: The incomplete pre- landfall evacuation led to deaths, thousands of dangerous rescues, and horrible conditions for those who remained

Failure of complete evacuation resulted in hundreds of deaths and severe suffering for thousands

Contrary to Blanco’s claim that “[t]he word ‘mandatory’

doesn’t mean any more than us getting up, saying, get

out[,]”83 the delay in calling a mandatory evacuation

and not enforcing or facilitating that evacuation had

real consequences for the city and for the protection of

Some residents play “hurricane roulette.”

“Hurricane Fatigue” — May have caused some people to not heed the mandatory evacuation orders.

AP PHOTO/PAUL SANCYA

A FAILURE OF INITIATIVE 115

ordinary people. As noted above, many residents believed

that an earlier declaration of a mandatory evacuation

would have helped get more people out. The President of

the Louisiana Nursing Home Association also told Select

Committee staff that at least one nursing home had been

unable to evacuate its patients prelandfall because it could

not fi nd bus drivers by the time the mandatory evacuation

order was issued.84

While these warnings were suffi cient to motivate more

than a million citizens to evacuate using the state’s revised,

well-planned and executed, phased contrafl ow evacuation

plan, more than 70,000 people did not evacuate.85 Those

who did not evacuate were exposed fi rst to the dangers of

drowning in the fl ood waters after the breach of the levees

and then to deprivation of food, water, and shelter as they

awaited rescue from other locations.

The anticipated fl ooding of New Orleans, unfortunately,

occurred in an environment where a population of

more than 70,000 had not evacuated, with thousands

of these people remaining in their homes. Hundreds of

these people died as fl oodwaters enveloped low lying

neighborhoods in waters above the roof lines.86 In tours

of the affected areas, Select Committee staff noted the

debris lines from the fl oodwaters were halfway up the

roof of many single-story houses in St. Bernard Parish.

The parish Director of Homeland Security and Emergency

Preparedness Larry Ingargiola told Select Committee

staff that during the storm, he had answered emergency

cell phone calls from desperate people trapped in their

attics, who had no way to escape the rising fl oodwaters.87

As stated before, many of these deaths were the result of

hurricane roulette — individuals making decisions not

to evacuate, or, for the poor population and those who

procrastinated, not to seek shelter in the Superdome or

other refuges of last resort in other parishes. As discussed in

the MEDICAL CARE chapter,, there were also many deaths

among those in medical and nursing home facilities.

An analysis of these deaths indicates that the fl ooding

had a broad impact across all neighborhoods in New

Orleans and the immediate surrounding parishes. The

Knight Ridder news organization, using preliminary data

from the Louisiana Department of Health and Hospitals,

reviewed the location, ethnicity, sex and age of the victims.

The results of their analysis were published in the Baton

Rouge Advocate newspaper on December 30, 2005.88

According to the analysis, “[t]he bodies of at least 588

people were recovered in neighborhoods that engineers

say would have remained largely dry land had the [levees]

not given way. . . .”89 However, according to Orleans

Parish coroner Dr. Frank Minyard, “[t]he cause of death

for many will never be known because their bodies were

too badly decomposed by the time they were recovered.”90

Dr. Minyard, however, did estimate that 20 percent of

Katrina’s New Orleans victims drowned,91 and scores of

others died of other causes awaiting rescue, trapped by

fl oodwaters. Similarly, St. Bernard Parish Coroner, Dr.

Bryan Bertucci, is cited as saying that most of the parish’s

123 victims drowned in their homes.92

The analysis found that the victims of Hurricane

Katrina were roughly proportionate to the pre-landfall

population (based on census data) in terms

of ethnicity, sex, and wealth. In terms of

ethnicity, the dead in New Orleans were 62

percent black, compared to 66 percent for

the total parish population.93 The dead in

St. Bernard Parish were 92 percent white,

compared to 88 percent of the total parish

population.94 The percentage of the dead

by sex was approximately the same as the

overall population.95 In terms of wealth,

the analysis found that the percentage of

dead bodies found in poorer New Orleans

and St. Bernard Parish neighborhoods—as

measured by poverty rates and median

household incomes—was roughly

equivalent to their percentage in the overall

population.96 AP PHOTO/DAVE MARTIN

116 A FAILURE OF INITIATIVE

The fi nding about wealthier residents comports

with statements by Louisiana First Assistant Attorney

General Nicholas Gachassin, Jr. who said that many New

Orleans area residents with the wealth and the means

to evacuate and who decided not to do so paid for that

decision with their lives.97 Gachassin said that there were

approximately 250,000 vehicles left in New Orleans,

which he said demonstrated that there were many people

with the means to leave the city who chose not to do

so.98 Similarly, the Advocate article stated that “at many

of the addresses where the dead were found, their cars

remained in their driveways, fl ood-ruined symbols of fatal

miscalculation.”99

Failure of complete evacuations required heroic search and rescue efforts

The fortunate ones — among those who had stayed in

their homes — were those that were able to climb to

their roofs or fl ee into fl ooded streets. Many of these

individuals had to use tools or other objects to chop

through their roofs to escape the rising fl oodwaters.

Thousands of these people were saved by a massive and

heroic search and rescue effort. The U.S. Coast Guard

alone reported that it rescued more than 33,000.100 The

Louisiana National Guard reported initial rescues of

more than 25,000.101 These people were pulled out of

the fl oodwaters into boats or plucked from roofs into

helicopters operated by a wide array of government

agencies, non-governmental organizations, and citizen

volunteers. State rescuers included personnel from the

Department of Wildlife and Fisheries, local police, and

the National Guard.102 Federal rescue personnel included

the Coast Guard, the Department of Defense, and several

law enforcement agencies. All 28 of FEMA’s Urban Search

and Rescue teams (who come from a variety of states and

local governments across the nation) were also involved

in the rescues. The chapters on THE MILITARY and

LAW ENFORCEMENT have more details on the search

and rescue efforts by the military and law enforcement,

respectively.

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The massive search and rescue effort, while necessary

under the circumstances, distracted emergency managers

and diverted key assets from other critical missions.

According to National Guard offi cials involved in search

and rescue, the entire focus of Monday and Tuesday was

on saving lives; that was the Governor’s top priority.103

While the Select Committee does not question Blanco’s

urgency and priority on saving lives after the fl ooding

took place, the same urgency and priority on a more

complete evacuation of New Orleans before the fl ooding

would have saved lives. If there had been a more complete

evacuation, the number of fl ood victims requiring

search and rescue would have been greatly reduced. This

would have allowed federal, state, and local emergency

response offi cials to focus earlier on re-establishing

communications and situational awareness, and moving

commodities into hard hit parishes beyond New Orleans.

Many of the helicopters used for search and rescue could

have been utilized for these tasks.

Those in shelters or on high ground suffered through horrible conditions

Those who escaped to shelters or high ground suffered

horrible conditions at a number of locations including the

Superdome, the Convention Center, and the Cloverleaf,

where they arrived through a number of different means.

Some had walked or driven before landfall, some had

walked after the fl oodwaters reached their homes, and

some had been dropped off by search and rescue boats or

helicopters. Each of the locations had their own miserable

conditions.

New Orleans opened the Superdome as a “refuge of

last resort.”104 As such, it was set up to allow people to

survive a storm passing over; it was not intended to house,

feed, and water thousands of people for several days.

A cadre of more than 200 New Orleans Police and the

Louisiana National Guard searched all people entering the

Superdome for weapons and contraband.105 In addition,

FEMA and the National Guard had prepositioned food

and water in the Superdome, and some additional food

and water was trucked in at the last minute.106 Some of

the people arriving had listened to the Mayor’s suggestion

and had brought a three day supply of food and water,

sleeping bags, and clothes. Those who came to the

Superdome after the fl ooding brought nothing but the

clothes on their backs.

The conditions in the Superdome soon deteriorated.

The initial calm situation Sunday night changed early

Monday morning when the dome’s roof opened up and

the building lost power. While the Superdome was still

structurally sound, the hole in the roof scared people; it

made noise and water started coming in.107 The National

Guard had to suddenly move thousands of people from

the fi eld up into the seating sections.108 Later, after the

fl ooding, the power went out across the city.

Without power, the only lighting in the Superdome was

emergency lighting that ran off the emergency generator.

This was not the same as full lighting, and with no power,

the air conditioning was also not working. Related to

the power outage, the water system went out, causing

the toilets to back up, creating an awful stench that grew

progressively worse as the days wore on.

Many people could not stand the heat and smell

and gathered outside on the surrounding walkway area,

which thus became very crowded. Although the situation

was bad and deteriorating, there was never a shortage of

food and water; they were distributed twice a day at fi rst

and continuously later.109 In general, people were hot, it

smelled, and they were anxious to leave. This deteriorating

situation led to the increasing urgency among offi cials and

the population to evacuate the Superdome.110

Conditions were also unbearable in the Convention

Center. The Select Committee was unable to determine

exactly when the Convention Center became a shelter

and when offi cials became aware of the deteriorating

AP PHOTO/RON HAVIV/VII

118 A FAILURE OF INITIATIVE

conditions there. None of the offi cials who spoke with the

Select Committee staff were willing to take responsibility

for the operation of the Convention Center as a “shelter,”

and none claimed that they knew about the situation

until Wednesday morning or afternoon, August 31.

While these offi cials stated that the Convention Center

was never designated as a shelter like the Superdome,

Mayor Nagin’s testimony suggested that the city had

sanctioned that location. In his prepared statement, the

mayor stated that “[t]he swelling crowd at the Superdome

and the number of people needing shelter required us to

open the Convention Center as another refuge.”111 Brown

was widely criticized for saying on Thursday night that

he only found out that afternoon about the people at the

Convention Center.112 Late that same night, however, the

city of New Orleans fi nally requested that the National

Guard secure and evacuate the Convention Center in

conjunction with the New Orleans Police Department the

next day.113

People initially went to the Convention Center after the

breaches of the levees late Monday night or early Tuesday

morning. As the fl oodwaters rose, people left their homes

and headed for higher ground. The Convention Center is

near the Mississippi River levee, one of the higher elevations

in New Orleans. The National Guard estimated that there

were 19,000 people there.114 Conditions in the Convention

Center were notably worse than the Superdome in several

ways. Like the Superdome, the Convention Center had

no electrical power, no lighting, no air conditioning, and

no functioning toilets. But unlike the Superdome, the

Convention Center had no authorities or security on hand,

no weapon screening, no food and no water.115

Other high ground spots became spontaneous gathering

points with miserable conditions. Many people went to

these locations on their own, because their houses were

fl ooded and they were looking for dry land. In addition,

many people were dropped off at these sites by rescuers.

Because of initial emphasis on saving lives, people were

just dumped off there by helicopters or boats without any

initial concerns for providing them with food or water.

Unlike the Superdome or the Convention Center, there

was no shelter from the sweltering sun. Specifi c locations

AP PHOTO/DAVID J. PHILLIP

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A FAILURE OF INITIATIVE 119

where evacuees found themselves included the Cloverleaf

(where two highways met), the Industrial Canal levees,

the Mississippi River levees, and Broad Street levees. These

locations had generally not been manned with security

personnel such as police, nor had there been any plans to

supply them with food, water, or medical treatment.

The “Cloverleaf” on the interstate was one of the worst

locations. The site was being used for medical triage

and evacuation, so there was initially some food and

water there, at least for the medical patients. However,

additional people arrived on their own or by the

helicopters or boats that rescued them from the water. The

supply of food and water was not suffi cient for the crowd,

which eventually grew to 6,000-7,000 people.116

Flooding further hampered relief efforts for those not initially evacuating

Efforts to provide relief to those stranded at the

Superdome, Convention Center, the Cloverleaf, and

other positions of high ground were stymied by the

fl oodwaters. Simple tasks, such as trucking food and

water to these locations, were complicated by fl ooded

highways that necessitated the use of high clearance

vehicles or long detours. Some of these sites were very

diffi cult to supply or evacuate later because they were

“islands” completely surrounded by water. As mentioned

in the COMMUNICATIONS and the COMMAND AND

CONTROL chapters, the lack of communications,

situational awareness, command and control, and

effective logistics systems further hampered efforts to

identify many of these locations and coordinate relief.

The fl oodwaters also complicated efforts to conduct a post

landfall evacuation, as discussed in the next section.

Finding: Federal, state, and local offi cials’ failure to anticipate the post-landfall conditions delayed post-landfall evacuation and support

Federal, state, and local offi cials had not prepared for post landfall evacuation despite predictions of extensive fl ooding

While these victims endured horrendous conditions,

hundreds of city buses and school buses that could have

been used for evacuation sat useless, fl ooded or without

drivers. Nagin testifi ed that the school buses belong to

the New Orleans school district and, to his credit, he is

now considering a cooperative agreement with the school

district to move the school buses out of the area for the

next storm.117 Nagin also testifi ed that the RTA buses were

“always staged, or have been staged, in an area that has

been high and dry throughout every storm that has ever hit

the City of New Orleans; and we expected the same for this

event. Unfortunately, those buses fl ooded also because 80

percent of the city went under water.”118 He testifi ed that he

had had trouble getting drivers even for the 20 buses that

had taken residents to the Superdome prelandfall “because

most [drivers] had evacuated” and that the National Guard

was not available to drive buses.119

FEMA

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120 A FAILURE OF INITIATIVE

By the time Hurricane Katrina made landfall at 6:10

a.m. central time on Monday, August 29, approximately

10-12,000 people were sheltered in the Superdome.120 The

massive fl ooding led to urgent search and rescue operations

throughout the city and in other parishes as well. Those

search and rescue operations moved tens of thousands

of people off of their roofs and out of the fl ood waters to

shelter or high ground. As the fl ood waters rose, people

also self-evacuated from the city to the Superdome, the

Convention Center, and other high ground around the city.

As previously noted, the Governor and the Mayor were

well aware of the probability of levee breaches and fl ooding

in New Orleans following a Category 4 or 5 hurricane.

Federal offi cials were also aware of that probability.

When Brown was asked by Select Committee Member

Congressman Hal Rogers: “Was it known by you and others

that the fl ood wall around New Orleans was only rated to

take a category 3 hurricane,”121 he replied, “Yes. That was

a fact that came out in [the Hurricane Pam Exercise] that

the levees may or may not hold, that the storm surge may

or may not top them, they could top — the storm surge

could top the levees without breaking and they could top

and also break the levees. So we knew both of those were

potential.”122 As Vice Mayor of Newport News, Virginia,

and city planner Charles Allen testifi ed before the Select

Committee: “[I]t is clear from information in the news

that the U.S. Government, in the form of the U.S. Weather

Service [sic], the Federal Emergency Management Agency,

and the U.S. Corps of Engineers [sic] understood the

magnitude of this storm.”123

Planning for the post landfall evacuation had to be done in emergency environment

Despite the advance knowledge of extensive fl ooding,

the fi rst task order for buses by the federal government to

evacuate New Orleans post landfall was not issued until

1:30 a.m. on Wednesday, August 31.124 Although Blanco

claims that Brown told her that he had 500 buses standing

by and that she was concerned when those buses did not

materialize sooner,125 the Select Committee found no

other evidence that any such buses were, in fact, “standing

by” or that Brown had made such a statement to Blanco.

Developing a plan to evacuate the Superdome and

other locations after the fl ooding was a complicated

endeavor. That planning included determining the

number of buses needed, accessible routes to the

Superdome and other locations, security needs, and

the ultimate destination of those evacuated. This

planning occurred in a highly degraded environment

that included limited communications that prevented

a full understanding of the scope of the needs and

even the visibility of deployed resources. Repeatedly,

during the daily video teleconferences, state and federal

offi cials expressed their frustrations with the level of

communications.126

In assessing the needs for the Superdome alone,

Homeland Security Operations Center (HSOC) Spot

Report Number 30, prepared at 2:00 a.m. on Wednesday,

August 31, (even after the federal task order for buses)

refl ects that (1) there are 12-15,000 people at the

Superdome, (2) the water is not rising as rapidly as

previously feared, (3) the loss of electricity does not

appear imminent, (3) the intention was to begin

evacuations that day and continue them over the next few

days, (4) alternate shelters have not been identifi ed, and

(5) two days of food and water is on hand.127 According

to that document, neither the means of egress to the

buses for the Superdome population nor the alternative

location to which they would be evacuated had been

determined.128 Options for egress from the Superdome

included walking once the State Police can verify a

route, constructing temporary bridging, “construct[ing]

a sandbag dyke to allow for walk[ing] out,” “us[ing]

DOD landing craft to shuttle . . . to buses,” and using

helicopters for short fl ights to buses.129 Alternative shelters

included “stadiums in the State college system but other

options are possible.”130 As we now know, many of the

buses took people to the Astrodome in Houston. But as of

Wednesday morning, FEMA offi cials were still concerned

that Blanco had not spoken to Texas Governor Rick Perry

to confi rm that part of the plan.131

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A FAILURE OF INITIATIVE 121

The planning process for the post-landfall evacuation

did not really begin until Tuesday, August 30. Blanco

testifi ed that she did not realize the full consequences of

the levee breaches until Tuesday morning, when she was

able to travel to New Orleans and see the effects of the

fl ooding for those sheltered in the Superdome.132 At the

noon video teleconference, Smith asks only that

[Y]ou realize what’s going on and the sense of

urgency here needs to be ratcheted up. Everybody

is being fully cooperative, but in the deployment

of some of these Federal assets, especially

transportation for the evacuation effort that we’re

trying to coordinate, we don’t need anything to

slow that down. The push of the resources and so

forth to date has not been an issue, but we don’t

need to let it become an issues [sic] because we’re

going to literally have tens of thousands of people

that we’ve got to push these supplies too [sic].133

Later that day and into the evening, FEMA offi cial Phil

Parr and others sheltered in the Superdome, apparently

unaware of the evacuation planning at the EOC, began

their own planning to evacuate the Superdome as they

observed the rising waters around the building and

realized that people would not be able to walk out of the

dome and return home.134 According to Parr, the team

inside the Superdome devised a plan involving the use of

helicopters to airlift people away from the Superdome.

They concluded that they needed at least nine helicopters,

of which the Louisiana National Guard had three.135

They communicated this plan to the FEMA Regional

Response Center (FEMA RRC) in Denton, Texas and got

initial approval for it, with the RRC searching for the assets

to implement it.136 They believed their plan would have

been able to move virtually all of the evacuees from the

Superdome at that time in about 30 hours.137 The next day,

Parr learned that Commander of Joint Task Force Katrina

Lt. General Russel L. Honoré had stopped that plan as he

came to Louisiana to lead Joint Task Force Katrina.138

At the same time, there remained some doubt about the

consequences of the levee breaches. General Don Riley of

the Army Corps of Engineers reported at the noon video

teleconference on Tuesday, August 30, that “[t]he lake

[Pontchartrain] level may recede quickly enough before

we can get anything in there [to fi ll the breach] and then

we can turn that pump station on with the city and turn

that water around and pump it back into the lake.139

FEMA Federal Coordinating Offi cer (FCO) Bill Lokey

discussed at the same video teleconference that they were

“developing the distribution plan [for commodities] that

we can get them out to the communities as the water does

recede in some areas . . . .”140 The FEMA Acting Director for

Response during Hurricane Katrina, Ed Buikema, also said

that on Tuesday and Wednesday, August 30 and 31, there

was still some hope that the breaches in the levees could be

repaired quickly.141

By the Wednesday, noon video teleconference, the

numbers at the Superdome had swollen to approximately

23,000.142 Reggie Johnson from the U.S. Department of

Transportation reported that there were 455 buses under

contract and “it looks like we’ve got about 200 that are

currently in place, with the remainder that should be

coming in on a staggered basis.”143 The next day, Johnson

reported:

120 buses . . . departed for [the] Houston

Astrodome last night. And there are 300 buses in the

New Orleans area. You may not see those because

actually they’re staging at what’s called the Poker

Palace Texaco refueling site, and that’s in a place in

Louisiana, and I understand that they are

drawing down from that site. They’re bringing in

about 40 buses at a time. There are 155 buses that

were requested, and they are en route and should

arrive at the truck stop by midnight tonight. We have

not received any other requests . . . .144

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Blanco also attempted to deploy state resources. She

issued an executive order on August 31 to commandeer

school buses to assist in the evacuation.145 While these

buses could handle short trips (such as to the airport or

other local shelters), they were not appropriate for long

trips, such as the trip to Houston.

Lack of willing drivers and diversions of buses further delayed Superdome evacuation

But even as the buses were arriving there were further

delays. There was evidence that drivers refused to

drive into New Orleans because of perceived security

problems.146 Although the state had found 100 school

buses, the drivers, according to Smith, “are little old ladies,

and I don’t blame them, they don’t want to go and drive

in and do evacuations.”147 He added that 100 military

police had just arrived at Belle Chasse Naval Air Station

right across from the Superdome and that two Chinooks

with National Guard MPs were arriving.148

In addition, there were concerns that drivers had

to meet the requirements for limiting hours of service

between rests. In that same video teleconference, Smith

reported that the Governor would waive the commercial

drivers license requirements.149 DOT’s Johnson advised

that he would “coordinate with the bus companies to

ensure that we can start doubling up on the drivers.”150

Smith responded to this report by advising that they were

about to run out of buses and that he had just made a

new request for 500 buses.151

Finally, the buses for the Superdome did not always get

to the Superdome. Parr said that the Governor diverted

some buses from the Superdome to other locations like

the Cloverleaf and other high ground where, unlike

the Superdome, there was no food, water, or shelter.152

Buikema agreed that buses that were intended for the

Superdome actually picked people up off the highway and

fi lled up before getting to the Superdome.153

Strangely, the video teleconference transcripts never

refer to evacuating the Convention Center. At one point,

Smith seems to recognize that the evacuation problem is

broader than the Superdome, when he says on September

1, “I would ask you to quit referring to evacuation from

the Superdome, but maybe an evacuation from the greater

New Orleans area from the Superdome.”154

The insatiable demand for more buses was a constant source of frustration

On September 2, Smith expressed substantial frustration

with the number of available buses: “I’ve got 2500 people

on Algiers Point right now, which is not right in the

downtown area, that we could be sending missions to and

getting off. Those people have been on levees for a day

and a half. Get us the transportation assets with drivers,

and we’ll start making that happen quicker and more

effectively, and I told you all that yesterday.155 But by

September 2, DOT’s Johnson reported that of apparently

1,100 buses in the system, “800 of those buses . . . are

actually operating throughout.”156 Despite having 1,100

buses operating, DOT recognized at that time that it

“appears that what we’re going to have to do is increase

the amount of buses from the 1,100 to an additional

5-600 buses for their operation.”157 But DOT had no

“visibility of how many buses [were] right now within the

state of Louisiana and getting close to staging areas.”158

Louisiana National Guard General Graham, who was

coordinating the bus evacuation for the state reported that

there were 40 commercial buses “on the ground.”159

Despite the large number of buses deployed, there

were still not enough. Some delays were inherent in the

system. DOT’s Johnson related that buses were delayed at

“chokepoints” at their destinations where it takes three to

four hours to unload at times.160 And Graham reported

that buses would be held up to allow drivers to rest:

“Many bus drivers have driven a long way and must rest

prior to driving.”161 These factors alone could not have

accounted for the shortage. More likely, the degraded

environment prevented Smith and other federal offi cials

from realizing the full scope of the need for evacuation by

bus that even 1,100 buses could not satisfy.

Although the state had found 100 school buses, the drivers, according to Smith, “are little old ladies, and I don’t blame them, they don’t want to go and drive in and do evacuations.”

A FAILURE OF INITIATIVE 123

Airlift operations supplemented evacuations by the buses

The effort to evacuate New Orleans was greatly facilitated

by the establishment of an air evacuation component

at the New Orleans International Airport. This activity

required signifi cant coordination regarding obtaining

aircraft and crews, passenger screening, security (crowd

control), air traffi c control, passenger boarding,

availability of passengers for departure, and itinerary

management. According to Air Transport Association

(ATA) offi cials, late Thursday, September 1, Deputy

Secretary Michael Jackson called the ATA President Jim

May and said they had 25,000 people who needed to

be evacuated.162 That night, airplanes from Washington,

D.C. were in transit to New Orleans.163 Friday morning,

planes started arriving with Transportation Security

Administration (TSA) offi cials, fl ight crews, volunteers,

and supplies. Planes were loaded around the clock from

that weekend through most of the following week. A total

of 13,000 evacuees were moved using 129 airplanes.164

Despite their overall success, airlift operations needed

to feed into an overall management system. There

were times when the military and the private carriers

were duplicating efforts. Moreover, the coordination

of all the parts was complex. For example, there were

no pre-existing contracts in place for air support.165

Landstar asked carriers like Delta, Jet Blue, Spirit, and

approximately a dozen commercial airlines for help.166

These airlines provided planes (“hot spares” or back-up

planes) fl ight crews, and additional staff, asking at most

for jet fuel reimbursement. In the future airlines may be

interested in entering into a Civil Reserve Air Fleet (CRAF)

program (a contractual program where civil airlines

augment military operations during a crisis in exchange

for Defense Department business).

Conclusion

None of this had to

happen. The potential

effects of a Category

4 or 5 storm were

predictable and were

in fact predicted.

Declarations of

mandatory evacuations

— declarations that

could have resulted in a more complete evacuation — were

delayed or not done at all. New Orleans’ decision to shelter

instead of evacuate the population, as well as individuals’

reluctance to leave, further resulted in an incomplete

evacuation. The thousands of people left in New Orleans

suffered death or had to be rescued to await an evacuation

that should have already occurred before landfall.

Regarding

the post landfall

evacuation,

neither the New

Orleans Plan

nor the state’s

Emergency

Plan expressly

provided for the

protection of vital transportation assets to evacuate the

City after fl ooding. State and local offi cials also failed to

prepare for such an eventuality, regardless of the plans.

Nor did the expert federal agency anticipate the needs

of the state and city to bring to bear immediate relief. As

DHS Secretary Chertoff observed, planning was not what

it should be at DHS.167 Despite years of recognition of

the threat that was to materialize in Hurricane Katrina,

no one — not the federal government, not the state

government, and not the local government — seems to

have planned for an evacuation of the city from fl ooding

through breached levees. Having failed to anticipate these

needs, poor communications that hampered situational

awareness, hours of service limits, security needs, and

logistical problems further delayed the deployment of

buses to evacuate the city. ■

F E

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F E

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S TA

T E

O F

L O

U IS

IA N

A

124 A FAILURE OF INITIATIVE

1 State of LA and U.S. Dep’t of Homeland Security, Louisiana Citizen Awareness & Disaster Evacuation Guide [hereinafter LA Evacuation Flyer]; see also, State of LA, Emergency Operations Plan, (Apr. 2005) [hereinafter LA State Plan]; Supplement 1A: Emergency Operations Plan: Southeast Louisiana Hurricane Evacuation and Sheltering Plan (Rev. Jan. 2000) [hereinafter LA State Evacuation Plan].

2 City of New Orleans, Comprehensive Emergency Management Plan, (2004) at 51 [hereinafter New Orleans Plan]. 3 Id. 4 Id. 5 Id. at 54. 6 Id. at 48. 7 Id. at 50. 8 Hearing on Hurricane Katrina: Preparedness and Response by the State of Mississippi Before Select Comm., 109th Cong. (2005) at 63-64 (statements

by Haley Barbour, Governor of MS, and Robert R. Latham, Jr., Exec. Dir., MS EMA) [hereinafter Dec. 7, 2005 Select Comm. Hearing]. 9 Id. 10 Id. at 34 (statement of Robert R. Latham, Jr., Exec. Dir., MS EMA). 11 Hearing on Hurricane Katrina: Preparedness and Response by the State of Alabama Before Select Comm., 109th Cong. (2005) at 46 (statement of Bob

Riley, Governor of AL) [hereinafter Nov. 9, 2005 Select Comm. Hearing]. 12 Id. at 122-123 (statement of Bruce Baughman, Dir., AEMA). 13 Director’s Brief, Director of MS Emergency Management Agency, Brief as of 1900 hours, Aug. 28, 2005 (MEMA -0010688) (Aug. 28, 2005) at 3. 14 Dec. 7, 2005 Select Comm. Hearing at 2 (written statement of Brent Warr); see also id. at 157 (statement of Benjamin J. Spraggins, Dir., Harrison

County EMA). 15 Id. at 64, 74 (statement of Haley Barbour). 16 Director’s Brief, Director of Mississippi Emergency Management Agency, Brief as of 1900 hours, Aug. 28, 2005 (MEMA -0010688) (Aug. 28,

2005) at 3. 17 See generally, Director’s Brief, Director of Mississippi Emergency Management Agency, Brief as of 0430 hours, Aug. 29, 2005 (MEMA -0010696)

(Aug. 29, 2005). 18 September 27 hearing at 68-9. 19 Id. at 70. 20 Meeting Summaries, FEMA Regional Emergency Liaison Team Conference Calls (Aug. 28, 2005 – Sept. 02, 2005). 21 Baldwin County, AL, Hurricane Katrina Time Line of Events (Doc. No. 002553AL). The notation on the Time Line reads “volunteer

evacuation” which Select Comm. Staff interpreted as a “voluntary evacuation.” 22 Memo to Files, Alabama Emergency Management Agency EM/2000 Tracker System message 05-1675, (Aug. 28, 2005). Two days before the

request for a mandatory evacuation in Alabama, AEMA offi cials had already requested transportation assistance for purposes of coordinating evacuation traffi c fl ow out of Florida. Memo to Files, Alabama Emergency Management Agency EM/2000 Tracker System message 05-1611, (created Aug. 26, 2005; completed Aug. 28, 2005).

23 Press Release, Offi ce of Gov. of AL, Governor Riley Orders Evacuation for Parts of Mobile and Baldwin Counties (Doc. No. 002580AL); Press Release, Offi ce of Gov. of AL, Governor Riley Orders Evacuation for Parts of Mobile and Baldwin Counties (Aug. 28, 2005), available at http:// www.governorpress.alabama.gov/pr/pr-2005-08-28-02-katrina_evac_order.asp (last visited Jan 21, 2006).

24 Nov. 9, 2005 Select Comm. Hearing at 28 (statement of Bob Riley). 25 Memo to Files, Evacuee Population Presently in AL by County as of 9/28/05, AL Emergency Management Agency (Oct. 10, 2005) (Doc. No.

002576AL). 26 Hearing on Hurricane Katrina: Preparedness and Response by the State of Louisiana Before Select Comm.,109th Cong. (2005) at 67 (statement

of Kathleen Babineaux Blanco) (Blanco: “I am very happy to talk about our evacuation process, because it is the one thing that we did masterfully.”) [hereinafter Dec. 14, 2005 Select Comm. Hearing]; id. at 94 (statement of Kathleen Babineaux Blanco, Governor of LA) (Chairman Davis: “This was the most successful evacuation you ever had, right?” Blanco: “Absolutely without a doubt.”).

27 Id. at 68-69 (statement of Jeff Smith, State Coordinating Offi cer and Deputy Dir., LA Offi ce of Homeland Security and Emergency Preparedness).

28 Dec. 7, 2005 Select Comm. Hearing at 61 (statement of Haley Barbour). 29 See Audio recordings of Hurricane Katrina Conference Calls, Louisiana State Emergency Operations Center (Aug. 26-28, 2005). 30 Dec. 14, 2005 Select Comm. Hearing at 138 (statement of Kathleen Babineaux Blanco). 31 Id. at 88 (statement of Jeff Smith). However, despite this insistence that forcing people out of their homes prelandfall was not an option,

it was apparently still a very live option post landfall and may have been carried out, even if not ordered. See E-mail correspondence from John Jordan, Military Assistant to then FEMA Director Michael Brown, to Michael Brown, et al. (Sept. 4, 2005) (10:33 a.m.) (“Appears state is reluctant to execute a true mandatory evacuation – i.e., forced if necessary. Therefore, State is pushing for shelters (includes all life support) in [New Orleans] to house citizens that will not leave voluntarily.”); see E-mail correspondence from John Jordan, Military Assistant to then FEMA Director Michael Brown, to Michael Brown, et al. (Sept. 5, 2005) (9:13 a.m.) (“Governor Blanco has decided not to force any evacuations in New Orleans. Resident are still encouraged to evacuate. Buses were sent through NO on previously in deifi ed evac routes today and no additional residents would board buses for voluntary evacuation. It appears that the evacuation phase of operations is winding down, or may be completed. Since FEMA did not anticipate reversal of decision for mandatory evacuation, crisis-action planning is now underway to provide this support.”); see E-mail correspondence from John Jordan, Military Assistant to then FEMA Director Michael Brown, to Michael Brown, et al. (Sept. 5, 2005) (10:04 a.m.) (“Evacuations are slowing to a trickle.”); see E-mail correspondence from John Jordan, Military Assistant to then FEMA Director Michael Brown, to Michael Brown, et al. (Sept. 6, 2005) (11:17 a.m.) (“Decision by Governor Blanco to not force any evacuations in New Orleans remains in place. Mayor of New Orleans is not forcing evacuations in NO and is not prohibiting residents from returning. Residents are still strongly encouraged to evacuate. . . . [S]ince NO is not being fully evacuated, requirements exist to provide all commodities to the remaining population.”). See also Hearing on Hurricane Katrina: Voices from inside the Storm Before Select

A FAILURE OF INITIATIVE 125

Comm., 109th Cong. (2005) at 18 (statement of Terrol Williams) (“I was [in my mother’s home] for about a week until September 8th or so, at which point a rescue crew comprised of State and local police as well as armed military offi cers forced me to evacuate. They arrived in a truck and two tanks and confi scated my weapons. I didn’t resist them, and the offi cers weren’t rough with me . . . . The rescue team took me to the Convention Center . . . . and from there I was immediately taken by helicopter to the airport. The next morning I was put on a Delta 757 airplane. . . . Passengers weren’t told where they were going until after the plane had taken off.”) [hereinafter Dec. 6, 2005 Select Comm. Hearing].

32 See ALA. CODE §§ 31-9-6 (4); 31-9-8 (4); 31-9-14 and 31-9-15 (2005). 33 Id. at 22 (statement of Bob Riley). 34 Dec. 14, 2005 Select Comm. Hearing at 65 (statement of Hal Rogers) (“Saturday evening at 7:30, Max Mayfi eld, the head of the National

Hurricane Warning Center, personally, for the second time in his 36-year career, personally, called the mayor [of New Orleans] and the [Louisiana] Governor, all the Governors, by phone to reiterate the severity of this upcoming storm. 8 p.m., Mayfi eld telephones Mayor Nagin.”); see also id. at 72 (statement of Kathleen Babineaux Blanco) (“On Saturday morning, indeed, Max Mayfi eld didn’t call until – in fact he didn’t call until Saturday night.”).

35 Press Conference by C. Ray Nagin, Mayor of New Orleans, and Kathleen Babineaux Blanco, Governor of LA, MSNBC, et al. Aug. 28, 2005 (Blanco: “Just before we walked into this room, President Bush called . . . and asked me to please ensure that there would be a mandatory evacuation of New Orleans.”) [hereinafter Nagin-Blanco Press Conference].

36 Public Advisory, National Weather Center (New Orleans, LA), Urgent Weather Message: Devastating damage expected (Aug. 28, 2005; 10:11 a.m. CDT).

37 Interview of Kathleen Babineaux Blanco, CNN Saturday Night, (Aug. 28, 2005) (8:00 p.m. ET) (Blanco: “We are very concerned about the people in the City of New Orleans and some of the people in the region as well, who have not actually gotten the message. They went to bed last night thinking the hurricane was going to Florida. And some have just gotten busy in their day and not gotten – you know, had any media contact, and don’t even know this is happening. So, we’re hoping that by tonight, that they’re watching you and getting the message that it’s a real threat. It’s very serious. We want them to get out of town.”).

38 Id. 39 Gordon Russell, Ground Zero, TIMES-PIC. (New Orleans), Aug. 29, 2005 at 1. 40 Interview of Kathleen Babineaux Blanco, ABC News Good Morning America, (Aug. 28, 2005). 41 Interview of C. Ray Nagin, At Large with Geraldo Rivera, Fox News Channel, (Aug. 28, 2005) (10:00 p.m. ET). 42 Id. 43 Id. 44 Dec. 14, 2005 Select Comm. Hearing at 74 (statement of Kathleen Babineaux Blanco). 45 Id. 46 Mark Schleifstein, Katrina Puts End to Lull, TIMES-PIC. (New Orleans) Aug. 27, 2005 at 1. 47 Bruce Nolan, Katrina Takes Aim, TIMES-PIC. (New Orleans) Aug. 28, 2005 at 1. 48 Id. 49 Nagin-Blanco Press Conference. 50 New Orleans Plan at 12. 51 Id. at 48, 50. 52 Nagin-Blanco Press Conference (emphasis supplied). 53 Id. (emphasis supplied). 54 Audio recordings of Hurricane Katrina Conference Calls, Louisiana State Emergency Operations Center (Aug. 28, 2005) (12:00 p.m.)

(statement of Aaron Broussard). 55 Nagin-Blanco Press Conference. 56 Dec. 14, 2005 Select Comm. Hearing (written statement of Jeff Smith). This fi gure was arrived at based upon the reported number of individuals

evacuated by offi cials from New Orleans. 57 Id. at 162 (statement of C. Ray Nagin). 58 Id. 59 Dec. 6, 2005 Select Comm. Hearing at 23 (statement of Doreen Keeler). 60 Id. 90 (statement of Doreen Keeler). 61 Id. at 49-50 (statement of Dyan French). 62 Id. at 61 (statement of Terrol Williams). 63 Id. (statement of Doreen Keeler). 64 Id. at 64 (statement of Leah Hodges). 65 Id. at 137-138 (statement of Barbara Arnwine). 66 Interview by Select Comm. Staff with Sherriff Hingle, Plaquemines Parish Sherriff, in New Orleans, LA (Nov. 7, 2005). 67 Id. 68 Id. 69 Id. 70 Mobile County, AL, Comprehensive Emergency Operations Plan, Mobile County Emergency Mgmt. Agency (July 1, 2004) at ESF1-11. 71 Baldwin County, Emergency Operations Plan, Annex O: “Alabama Hurricane Evacuation Study, Technical Data Report for Mobile and Baldwin

Counties” (May 2001). 72 New Orleans Plan at 50. 73 Id. at 45. 74 Id. at 50, 24. 75 Id. at 54. 76 Id. at 55.

126 A FAILURE OF INITIATIVE

77 Dec. 14, 2005 Select Comm. Hearing at 172 (statement of Terry Ebbert, Dir. of Homeland Security, City of New Orleans). 78 See Audio recordings of Hurricane Katrina Conference Calls, LA State Emergency Operations Center (Aug. 26-28, 2005). 79 Id. (statement of Terry Ebbert). 80 Dec. 14, 2005 Select Comm. Hearing at 73 (statement of Kathleen Babineaux Blanco). 81 Dec. 7, 2005 Select Comm. Hearing at 62 (statement of Haley Barbour). 82 Hearing on Hurricane Katrina: The Role of the Federal Emergency Management Agency Before Select Comm., 109th Cong. (Sept. 27, 2005) at 67-69

(statements of Michael Brown and Gene Taylor) [hereinafter Sept. 27, 2005 Select Comm. Hearing]. 83 Dec. 14, 2005 Select Comm. Hearing at 74 (statement of Kathleen Babineaux Blanco). 84 Interview by Select Comm. Staff with Joseph Donchesse (Pres., LA Nursing Home Assoc.) in Baton Rouge, LA (Nov. 10, 2005). 85 See generally Dec. 14, 2005 Select Comm. Hearing (written statement of Jeff Smith). 86 John Simerman, Breaches took toll: N.O. ruin greatly increased, ADVOCATE (Baton Rouge) Dec. 31, 2005 at 1A, 8A [hereinafter Breaches Article]. 87 Interview by Select Comm. Staff with Larry Ingargiola, St. Bernard Parish Director of Homeland Security and Emergency Prepaedness, in St.

Bernard Parish, LA (Nov. 3, 2005). 88 Breaches Article, 1A; see also, Knight Ridder Tribune News, Most Katrina Victims Older; many white, ADVOCATE (Baton Rouge) Dec. 30, 2005 at

9A [hereinafter Analysis Article]. 89 Breaches Article at 1A. 90 Breaches Article at 8A. 91 Id. 92 Id. 93 Analysis Article at 9A. 94 Id. 95 Id. 96 Id. (“The comparison showed that 42 percent of the bodies found in Orleans and St. Bernard parishes were recovered in neighborhoods with

poverty rates higher than 30 percent. That’s only slightly higher than the 39 percent of residents who lived in such neighborhoods, according to the census data. Similarly, 31 percent of the bodies turned up in areas with poverty rates below 15 percent, where 30 percent of the population lived. The median household income in neighborhoods where Katrina victims were recovered was about $27,000 a year, just under the $29,000 median for the overall area. One-fourth of Katrina deaths fell in census tracts with median incomes above $35,300. One-fourth of the area’s pre-storm population lived in tracts with median incomes above $37,000.”).

97 Interview by Select Comm. Staff with Nicholas Gachassin, Jr., First Assistant Attorney General, LA Department of Justice, in Baton Rouge, LA (Nov. 6, 2005).

98 Id. 99 Analysis Article at A3. 100 Hearing on Hurricane Katrina: Preparedness and Response by the Department of Defense, the Coast Guard, and the National Guard of Louisiana,

Mississippi, and Alabama Before Select Comm., 109th Cong. (2005) at 2 (written statement of R. Dennis Sirois), [hereinafter Oct. 27, 2005 Select Comm. Hearing]; see also id. at 37 (statement of R. Dennis Siros).

101 LA Nat. Guard, Overview of Signifi cant Events Hurricane Katrina at 23-24 (Dec. 7, 2005) [hereinafter LANG Overview]. 102 Dec. 14, 2005 Select Comm. Hearing (written statement of Jeff Smith). 103 See Interview by Select Comm. Staff with General Brod Veillon, LA National Guard Commander for Task Force Minnow, in New Orleans, LA

(Nov. 3, 2005); see also Interview by Select Comm. Staff with Colonel Barry Keeling, LA National Guard Commander of Task Force Eagle, in New Orleans, LA (Nov. 3, 2005).

104 Nagin-Blanco Press Conference (Nagin: “At noon today, the Superdome will then be opened up as a refuge of last resort, where we will start to take citizens that cannot evacuate.”).

105 LANG Overview at 6. 106 See Interview by Select Comm. Staff with Jacques Thibodeaux (LtC, LA Nat’l Guard) in New Orleans (Nov. 3, 2005) [hereinafter Thibodeaux

Interview]; see Interview by Select Comm. Staff with Mark Mouton (Col, LA Nat’l Guard) in New Orleans, LA (Nov. 3, 2005) [hereinafter Mouton Interview]; Interview by Select Comm. Staff with Scott Wells (Field Offi cer, FEMA) in Baton Rouge, LA (Nov. 9, 2005) [hereinafter Wells Interview]; see also E-mail correspondence from David Passey (Dep’t Homeland Security) to Cindy Taylor (Dep’t Homeland Security), et al. (Aug. 28, 2005) (Doc. No. DHS 007265) (“Seven trucks (5 water and 2 MREs) are less than 2 hours away from the Superdome.”).

107 Thibodeaux Interview; Mouton Interview. 108 Id. 109 Id. 110 Id. 111 Dec. 14, 2005 Select Comm. Hearing at 3 (written statement of C. Ray Nagin). 112 See FEMA Chief Mike Brown (NPR: All Things Considered broadcast, Sept. 5, 2005) (playing audio clip from CNN interview by Paula Zahn,

CNN anchor, and Michael Brown, FEMA Director: “Mr. MICHAEL BROWN (FEMA Director): We just learned about that today. And so I have directed that we have all available resources to get to that Convention Center to make certain that they have the food and water. And I’ll tell you...

Ms. PAULA ZAHN (CNN): But, sir, you’re not telling me that you just...

Mr. BROWN: ...also—and I will tell you...

Ms. ZAHN: ...learned that the folks at the Convention Center didn’t have food and water until today are you?

Mr. BROWN: Paula, the federal government did not even know about the Convention Center people until today [Thursday, Sept. 2,

A FAILURE OF INITIATIVE 127

2005].”); see NBC Today Show (NBC television broadcast Sept. 10, 2005) (New Orleans co-host, Lester Holt: “That’s right Campbell. If you’ll recall, Michael Brown, the head of FEMA, acknowledged it was about 24 hours after those fi rst TV reports of people holed up here [the New Orleans Convention Center] without food, in need of water, that he found out about it. That opened him up to a lot of criticism.”); see, Editorial Opinion, Bush: First the Head of FEMA; Would you trust your safety to Michael Brown?, DAILY NEWS (Phila.), Sept. 7, 2005, at 17 (“Here was a clueless bureaucrat [Mr. Brown] who didn’t seem to believe the horror stories coming out of the New Orleans convention center.”); see, Leadership: Some tragedy avoidable, CHARLESTON GAZ. (W. Va.), Sept. 3, 2005, at 4A (“FEMA Director Michael Brown admitted that he did not know until Thursday that thousands of people had been stranded at the New Orleans Convention Center for days without water of foods, as well as in the Superdome. How could he not know? Anyone listening to local radio knew.”).

113 LA Nat. Guard, Timeline of Signifi cant Events Hurricane Katrina at 7 (Dec. 7, 2005) [hereinafter LANG Timeline]. 114 Thibodeaux Interview; Mouton Interview; LANG Overview at 23-24. 115 Thibodeaux Interview; Mouton Interview. 116 Interview by Select Comm. Staff with Gordon Mitchell (LA State Police) in Baton Rouge, LA (Nov. 4, 2005). 117 Dec. 14, 2005 Select Comm. Hearing at 200, 202 (statement of C. Ray Nagin). It is important to remember, however, that the school district is

already a support agency for transportation under the New Orleans Plan. 118 Id. at 201 (statement of C. Ray Nagin). There was evidence that a portion of the RTA bus fl eet was saved by being moved to the wharf by the

Mississippi River. Email from Leo Bosner to Linda Mammett-Morgan, et. al., transmitting Final Version DHS 0230 Situation Report input for Sept. 2, 2005, Doc. No. DHS-FEMA-0051-03122-03151 at 03128 (Sept. 02, 2005). According to RTA General Manager William DeVille, 197 of the RTA’s 372 buses were destroyed. Hearing on Rebuilding Highway and Transit Infrastructure on the Gulf Coast following Hurricane Katrina: State and Local Offi cials Before House Subcomm. on Highways, Transit and Pipelines of the Comm. on Transportation and Infrastructure, 109th Cong. (2005) (statement of William J. DeVille). Whether the buses were available or not, no drivers were apparently available.

119 Dec. 14, 2005 Select Comm. Hearing at 201 (statement of C. Ray Nagin). 120 Thibodeaux Interview; Mouton Interview. 121 Sept. 27, 2005 Select Comm. Hearing at 57 (statement of Rep. Hal Rogers). 122 Id. at 58 (statement of Michael Brown). 123 Dec. 6, 2005 Select Comm. Hearing at 107 (statement of Charles Allen). 124 E-mail correspondence from Tony Robinson, Response and Recover Division Director, FEMA, to Jeff Smith, Col. Dep. Dir. LA Off. of

Homeland Security and Emergency Preparedness, (Sept. 15, 2005). 125 Dec. 14, 2005 Select Comm. Hearing at 131 (statement of Kathleen Babineaux Blanco). 126 See generally Daily Video Teleconferences amongst offi cials dated Aug. 25 – Sept. 4, 2005 [hereinafter “Daily VTC”]. State and local offi cials

from each of the impacted areas met daily with offi cials from, among other agencies, FEMA, and the National Hurricane Center. 127 Memorandum of Spot Report regarding FEMA Co-ordination Calls, Doc. No. DHS-FEMA-00510001220–21 (Aug. 31, 2005). 128 Id. 129 Id. 130 Id. 131 E-mail correspondence from Gary Jones, FEMA, to Edward Buikema, FEMA Acting Director for Response during Hurricane Katrina, (Aug. 31,

2005) (“Jack Colley just advised me that Gov Perry has not received a call from Gov Blanco regarding this plan [to move LA evacuees to the Houston Astro Dome]. Jack said he heard that she was going to make the call early this morning, again this has not happened.”).

132 Dec. 14, 2005 Select Comm. Hearing at 155-156 (statement of Kathleen Babineaux Blanco) (Chairman Davis: “One last question, when did you realize that the tens of thousands of people in the Superdome would have to be evacuated out of New Orleans . . . .?” Blanco: “I recognized it on Tuesday [Aug. 30], when I was able to do – well, I knew about it before, but I had, you know, with my own eyes, made an evaluation.”).

133 Daily VTC (Aug. 30, 2005) at 10. 134 Interview by Select Comm. Staff with Phil Parr, Dep. Fed. Coord Offi cer, FEMA in Washington, DC (Dec. 8, 2005) [hereinafter “Parr

Interview”]; see generally Dec. 14, 2005 Select Comm. Hearing (statement of Phil Parr). 135 Parr Interview. 136 Id. 137 Id. 138 Id. 139 Daily VTC (Aug. 30, 2005) at 11-12. 140 Id. at 14 (emphasis supplied). 141 Interview by Select Comm. Staff with Edward Buikema, FEMA acting Director for Response during Hurricane Katrina, in Washington, DC (Jan.

6, 2006) [hereinafter “Buikema Interview”]. 142 Daily VTC (Aug. 31, 2005) at 3. 143 Id. at 26. 144 Daily VTC (Sept. 1. 2005) at 9. 145 Executive Order, Louisiana Governor Kathleen Babineaux Blanco, Emergency Evacuation by Buses, Exec. Order No. KBB 2005-31 (Aug. 31,

2005). 146 E-mail correspondence from Miles Bruder, LA State Offi cial, to “All Gov. Staff” regarding co-ordination of bus service (Aug. 31, 2005). 147 Daily VTC (Sept. 1, 2005) at 8. 148 Id. 149 Id.; Executive Order, Louisiana Governor Kathleen Babineaux Blanco, Emergency Evacuation by Buses, Exec. Order No. KBB 2005-25 (Sept. 2,

2005). Note, this differs from the Executive Order issued on Aug. 31, 2005, in that it waves the commercial drivers license requirement for bus drivers.

150 VTC (Sept. 1, 2005) at 9. 151 Id. at 11.

128 A FAILURE OF INITIATIVE

152 Parr Interview. 153 Buikema Interview. 154 VTC (Sept. 1, 2005) at 14. 155 See generally, Id. Daily VTC (Sept. 2, 2005). 156 Id. at 4-5. 157 Id. at 5. 158 Id. at 5-6. 159 Id. at 3. 160 Id. at 5. 161 Id. at 3. 162 Interview by Select Comm. Staff with Jim McVaney, Director of Government Relations for Air Transport Association, in Washington, DC (Oct.

24, 2005). 163 Id. 164 Id. 165 Id. 166 Id. 167 Hearing on Hurricane Katrina: The Role of the Department of Homeland Security Before Select Comm., 109th Cong. (Oct. 19, 2005) at 48 (statement

of Michael Chertoff); see also H. R. Conf. Rep. No. 105-297, at 127 (1997) (appropriating $500,000 for a “comprehensive analysis and plan of all evacuation alternatives for the New Orleans metropolitan area”); see also H.R. Conf. Rep. No. 106-379, at 151 (1999) (directing FEMA to develop an evacuation plan for the New Orl eans area). Whatever plans resulted from these federal directives, they were clearly inadequate.

A FAILURE OF INITIATIVE 129

130 A FAILURE OF INITIATIVE

“The one-two combination of a catastrophic hurricane and massive fl ood overwhelmed

the normal disaster relief system. Some things worked well. But there were shortcomings

that we must urgently address.

“This tragedy has emphasized how critical it is that we ensure our planning and response

capabilities perform with seamless integrity and effi ciency in any type of disaster situation

– even one of cataclysmic nature.” Michael Chertoff

Secretary, U.S. Department of Homeland Security

Select Committee Hearing, October 19, 2005

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NATIONAL FRAMEWORK

Critical elements of the national response plan were executed late, ineffectively, or not at all

Summary

Similar to the troubled national responses to Hurricanes

Hugo and Andrew in 1989 and 1992 respectively, the

federal government failed to recognize the magnitude

of the situation presented by Hurricane Katrina prior to

landfall, adequately project future needs, fully engage the

President, and respond in a proactive and timely manner.

While the Federal Emergency Management System had

evolved since Andrew to include a developed protocol

for responding proactively to catastrophic disasters,

important aspects of the National Response Plan were

poorly executed, which contributed to the inadequate

federal response to Hurricane Katrina.

With the creation of the Department of Homeland

Security (DHS) and the development of the National

Response Plan (NRP), an additional layer of management

and response authority was placed between the President

and FEMA, and additional response coordinating

structures were established.1 The Secretary of Homeland

Security became the President’s principal disaster advisor

responsible for enabling the President to effectively utilize

his authority under the Stafford Act to direct all federal

agencies, particularly the Department of Defense (DOD),

to respond in a coordinated and expeditious fashion. As

part of these changes, critical response decision points were

assigned to the Secretary of Homeland Security.2 Secretary

Chertoff executed these responsibilities late, ineffectively, or

not at all. These secretarial authorities include:

■ The designation of an incident of national signifi cance

(INS);

■ The authority to convene the Interagency Incident

Management Group (IIMG);

■ The designation of the principal federal offi cial (PFO);

and

■ The invocation of the national response plan’s

catastrophic incident annex (NRP-CIA).

There was plenty of advance warning by the National

Weather Service, and the consequences of a category 4

hurricane striking New Orleans were well-documented.

Fifty-six hours prior to landfall, Hurricane Katrina

presented an extremely high probability threat that

75 percent of New Orleans would be fl ooded, tens

of thousands of residents may be killed, hundreds

of thousands trapped in fl ood waters up to 20 feet,

hundreds of thousands of homes and other structures

destroyed, a million people evacuated from their homes,

and the greater New Orleans area would be rendered

uninhabitable for several months or years.3 An August

28 report by the department’s National Infrastructure

Simulation and Analysis Center concluded: “Any storm

rated Category 4 or greater . . . will likely lead to severe

fl ooding and/or levee breaching, leaving the New Orleans

metro area submerged for weeks or months.”4

Under these conditions it seems reasonable to expect

the criteria for designating an INS would have been

met, the appointment of a PFO would be necessary to

coordinate an unprecedented federal response, the IIMG

would be convened to provide strategic guidance and

recommendations to the Secretary and the President,

and the NRP-CIA would be invoked to shift the

federal response posture from a reactive to proactive

mode in order to save lives and accelerate assistance

to overwhelmed state and local systems. According

to a recent letter submitted by DHS (see Appendix

7) in response to the preliminary observations of the

Comptroller General (see Appendix 6), DHS viewed the

NRP-CIA as applicable only to no-notice or short-notice

events. And the Select Committee acknowledges that

the State of Louisiana expressed its satisfaction with the

supplies and that former FEMA Director Michael Brown

directed that commodities be “jammed up” the supply

chain.

While the NRP-CIA may be particularly applicable

to a no-notice event, the Annex itself refl ects only that a

catastophic incident may occur with little or no warning.

132 A FAILURE OF INITIATIVE

And the pre-positioning of supplies to the satisfaction of

state and local authorities, while an appropriate measure

for a disaster without catastophic consequences, was

clearly not suffi cient for the catastrophic consquences of

Hurricane Katrina.

Instead, absent a catastrophic disaster designation from

Chertoff, federal response offi cials in the fi eld eventually

made the diffi cult decisions to bypass established

procedures and provide assistance without waiting

for appropriate requests from the states or for clear

direction from Washington. These decisions to switch

from a “pull” to a “push” system were made individually,

over several days, and in an uncoordinated fashion as

circumstances required. The federal government stumbled

into a proactive response during the fi rst several days

after Hurricane Katrina made landfall, as opposed to the

Secretary making a clear and decisive choice to respond

proactively at the beginning of the disaster. The White

House Homeland Security Council (HSC), situated at

the apex of the policy coordination framework for DHS

issues, itself failed to proactively de-confl ict varying

damage assessments. One example included an eyewitness

account of a levee breach supplied by a FEMA offi cial

at 7:00 p.m. on August 29. The White House did not

consider this assessment confi rmed for 11 more hours,

when, after 6:00 a.m. the next morning, it received a

Homeland Security Operations Center (HSOC) Situation

Report confi rming the breach.

The catastrophic nature of Katrina confi rmed once

again that the standard “reactive” nature of federal

assistance, while appropriate for most disasters, does

not work during disasters of this scale. When local and

state governments are functionally overwhelmed or

incapacitated, the federal government must be prepared

to respond proactively. It will need to anticipate state

and local requirements, move commodities and assets

into the area on its own initiative, and shore up or even

help reconstitute critical state and local emergency

management and response structures.

The need for assistance is extreme during the initial

period of a catastrophic hurricane, yet the ability of state

and local responders to meet that need is limited. That

is why it is so important for the federal government,

particularly DOD resources, to respond proactively and

fi ll that gap as quickly as possible. Because it takes several

days to mobilize federal resources, critical decisions must

be made as early as possible so that massive assistance can

surge into the area during the fi rst two days, not several

days or weeks later. The CIA-NRP was drafted to meet this

specifi c and well known requirement, yet Chertoff never

invoked it for Katrina.

In contrast, the Emergency Management Assistance

Compact (EMAC), a critical part of the national

emergency management framework, successfully provided

unprecedented levels of response and recovery personnel

and assets to the Gulf coast in record time following

Hurricane Katrina. EMAC is designed by statute to be

adaptable and scaleable to meet the changing needs of

each event. EMAC was widely praised for its quick and

effective process for putting vital resources into every

aspect of the response.

Finding: It does not appear the President received adequate advice and counsel from a senior disaster professional

Although the Select Committee’s access to White House

documents, communications, and staff was not as

comprehensive as we had hoped, the information we did

receive suggests the President could have received better

disaster advice and counsel.

The Stafford Act places the federal government’s

disaster response authorities with the President. Similar

to military matters, the President is the commander in

chief of federal disaster response. Yet, unlike the military,

which provides the Chairman of the Joint Chiefs of Staff

as the President’s primary professional military advisor,

the President does not have regular access to a senior

disaster professional to advise him during disasters or on

disaster response issues. The President lacks this resource

even though catastrophic disasters may strike with little

or no warning and require early Presidential involvement

to reduce the loss of life, human suffering, and extensive

property damage.5

Under the Homeland Security Act, the Secretary

of Homeland Security reports to the President and is

the department’s top disaster offi cial; yet emergency

management is just one of the Secretary’s many

responsibilities.6 According to Chertoff’s testimony before

the Select Committee, he is not a hurricane expert, nor

does he have much experience with disasters.7

A FAILURE OF INITIATIVE 133

However, according to White House and FEMA

documents, it appears the White House took several steps

to improve the fl ow of information and strategic advice

into the President. For example, HSC staff solicited regular

situation reports from almost every federal agency for the

White House situation room. The HSC commenced 24-

hour operations the morning Katrina hit New Orleans.8

In addition, White House offi cials attempted to pressure

the HSOC to convene the IIMG on the Saturday before

Katrina made landfall.9

The IIMG consists of high level offi cials from all the

major federal agencies, and it is intended to assess the

magnitude of crisis situations, project future requirements

for federal assistance, develop plans for meeting those

requirements, recommend to the Secretary and the

President appropriate courses of action, and provide

strategic advice.10 The Secretary did not convene the IIMG

until three days later, roughly 36 hours after landfall.11

Within the emergency management community, there

are a handful of potential catastrophes that keep disaster

professionals awake at night. Perhaps the most troubling

of these has been a category 3 or larger storm striking New

Orleans because of its high likelihood of occurrence, the

extreme vulnerability of the city to long term fl ooding,

and the diffi culty of evacuating a large urban population

over limited evacuation routes. As a result, this scenario

has been studied, planned, and exercised perhaps more

than any other potential catastrophic disaster in the

country. A senior disaster professional would be well

aware of the consequences of such a storm, recognize the

challenges of responding to such a disaster, and appreciate

the need for timely and proactive federal assistance.

Comments such as those the President made about

not expecting the levees to breach do not appear to

be consistent with the advice and counsel one would

expect to have been provided by a senior disaster

professional. Furthermore, it seems reasonable to expect

delays in recognizing the need for and then requesting

DOD mission assignments may have been avoided if

the President had been advised of the need for early

presidential involvement.

Finding: Given the well-known consequences of a major hurricane hitting New Orleans, the Secretary should have designated an incident of national signifi cance no later than Saturday, two days prior to landfall, when the National Weather Service predicted New Orleans would be struck by a Category 4 or 5 hurricane and President Bush declared a Federal Emergency

The consequences of a major hurricane, defi ned as a

category 4 or greater storm, striking New Orleans were

well-known within Louisiana, the emergency management

community, and DHS.12 FEMA offi cials selected New

Orleans as the fi rst project for its catastrophic disaster

preparedness program precisely because of its high

probability of occurrence and horrifi c consequences.13 The

New Orleans levee system was designed to withstand, in

Comments such as those the President made about not expecting the levees to breach do not appear to be consistent with the advice and counsel one would expect to have been provided by a senior disaster professional.

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The “single biggest failure” of the federal response was that it failed to recognize the likely consequences of the approaching storm and mobilize federal assets for a post-storm evacuation of the fl ooded city. If it had, then federal assistance would have arrived several days earlier.

essence, a category 3 storm. Anything larger would exceed

the levees’ design capacity and likely cause catastrophic

fl ooding of the city. FEMA’s Hurricane Pam exercise

predicted the storm would inundate 75 percent of the city

up to 20 feet and cause 60,000 deaths.14

Two days before landfall the National Weather Service

predicted Katrina would strike New Orleans as a category 4

or 5 hurricane. The governors of Louisiana and Mississippi

declared state emergencies and the President issued an

emergency declaration for Louisiana. At this point in time,

it was extremely likely FEMA’s worst case hurricane scenario

was about to unfold. Chertoff should have declared an INS

in recognition of the severity of the situation and to allow

for the immediate convening of the IIMG, designation of

the PFO, and invocation of the NRP-CIA.

Finding: The Secretary should have convened the IIMG on Saturday, two days prior to landfall, or earlier to analyze Katrina’s potential consequences and anticipate what the federal response would need to accomplish

The purpose of the IIMG is to anticipate evolving

requirements and provide strategic recommendations

or courses of action for the Secretary and President

to consider as part of a national response to a major

incident. The IIMG replaces the Catastrophic Disaster

Response Group from the old Federal Response Plan and

was created to fi ll an important operational planning

gap. During a major incident, the NRP expects the

response organization to be focused on the current and

subsequent 24-hour operational period and unable to

assess the overall disaster situation, project future needs,

and develop effective plans to protect life and property.

The NRP utilizes the IIMG, a group of experienced high

level professionals with agency decision making authority,

to look at the big picture, anticipate what will be needed

several days in advance, and develop plans to fulfi ll those

requirements. Those plans can then be provided to the

operational commanders and implemented in a timely

manner.15

The authority to convene the IIMG is the Secretary’s,16

yet Chertoff did not execute that authority early enough

for the IIMG to perform this function during the critical

pre-landfall period and initial days of the disaster.

According to an e-mail between top FEMA offi cials on

Sunday, the day before landfall, White House offi cials

were pressuring the head of the HSOC, Matthew

Broderick, to convene the IIMG.17 Because the Secretary

did not activate the IIMG until roughly 36 hours after

landfall, despite the White House pressure, we will

never know what the IIMG would have done, given the

hurricane forecast and well-known consequences of a

category 4 storm, in anticipation that the New Orleans

levees would likely breach and force the rescue and

evacuation of tens of thousands of victims from the

fl ooded city.

If Chertoff had convened the IIMG, then perhaps

on the Saturday or Sunday before landfall, when FEMA

offi cials were deploying emergency response teams

and moving tons of commodities into the surrounding

region, the IIMG would have begun to accelerate DOD’s

involvement, develop plans to evacuate the Superdome,

and pre-stage buses and boats outside the region for

immediate deployment after the storm passed. Instead,

the FEMA operational teams did not begin planning these

critical actions until three days later, Tuesday evening, and

the buses and boats did not arrive in large quantities until

Thursday.18

According to Colonel Jeff Smith, Deputy Director

for Emergency Preparedness with the Louisiana Offi ce

of Homeland Security and Emergency Preparedness

A FAILURE OF INITIATIVE 135

(LOHSEP), the “single biggest failure” of the federal

response was that it failed to recognize the likely

consequences of the approaching storm and mobilize

federal assets for a post-storm evacuation of the fl ooded

city. If it had, then federal assistance would have arrived

several days earlier.19

By not convening the IIMG prior to landfall, the

Secretary robbed himself and the President of the

opportunity to receive professional advice and strategic

options for proactively addressing the unfolding

catastrophic disaster. The threat stream presented by

Katrina was clear days before landfall, the potential

consequences were well-known, and important tools for

dealing with the situation were available yet not utilized.

Finding: The Secretary should have designated the Principal Federal Offi cial on Saturday, two days prior to landfall, from the roster of PFOs who had successfully completed the required PFO training, unlike FEMA Director Michael Brown. Considerable confusion was caused by the Secretary’s PFO decisions

According to the NRP, “the PFO is personally designated

by the Secretary of Homeland Security to facilitate federal

support to the established Incident Command System

(ICS) Unifi ed Command structure and to coordinate

overall federal incident management.”20 During large

multi-state disasters such as Katrina, the PFO’s role becomes

particularly important for providing a coordinated federal

response, as the FCOs appointed by the President for each

state only control operations within their respective states.

The Secretary should have begun this coordination earlier

and appointed a PFO on Saturday.

The Secretary’s eventual designation of Brown as PFO

on Tuesday evening was highly unusual and elicited a

concerned and confused reaction from Brown.21 In order

to prepare PFO-designates to fulfi ll the responsibilities

and functions of the PFO, the department conducts

a formal training program, and maintains a roster of

individuals approved and qualifi ed to serve as a PFO. The

NRP requires that “[u]nless extenuating circumstances

dictate otherwise, all PFO-designates should satisfactorily

complete this training program prior to performing PFO-

related responsibilities.”22

According to DHS offi cials, Brown had not taken

the required PFO training program and was not on

the approved PFO roster.23 Coast Guard Admiral Thad

Allen had successfully completed the training program,

as had all of the other individuals designated by the

Secretary to serve as PFO for past INS designations and

National Special Security Events.24 It is unclear why

Chertoff deviated from the requirements of the NRP and

designated an untrained individual to serve as PFO for

such a catastrophic disaster.

There was confusion over the role and authority of the PFO

The Secretary was confused about the role and authority

of the PFO. According to Chertoff’s testimony, he

designated Brown PFO because Brown was his “battlefi eld

commander.”25 Yet, the NRP specifi cally states, “The PFO

does not direct or replace the incident command structure

established at the incident, nor does the PFO have

directive authority over the SFLEO [Senior Federal Law

Enforcement Offi cer], FCO [Federal Coordinating Offi cer],

or other federal and state offi cials.”26 Furthermore, the

Stafford Act places all emergency response authorities with

Brown had not taken the required PFO training program and was not on the approved PFO roster.

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the President and requires that the President designate

a FCO for each disaster or emergency declaration.27 As a

result, the legal authority to “command the battlefi eld,”

as the Secretary put it, resides with the FCO, not the PFO.

The apparent confusion over the authority and role

of the PFO does not seem to have been recognized

until almost two weeks after Chertoff selected Allen

to replace Brown as PFO. It was at that time that the

unprecedented decision was made to appoint Allen the

FCO for Louisiana, Mississippi, and Alabama in addition

to PFO. This step was necessary because DHS eventually

recognized Allen, as the PFO only, did not have the legal

authority to commit the expenditure of federal funds or

direct federal agencies under delegated authority from

the President.28 As described above, only the FCO has

that authority. This confused and unprecedented series

of actions by the department prompted the resignation

and departure of Bill Carwile, one of FEMA’s most well

respected FCOs, who was serving as FCO in Mississippi.29

Finding: A proactive federal response, or push system, is not a new concept, but it is rarely utilized

What is a push system?

In response to most disasters, the federal government

provides assistance in response to state requests. This

reactive approach is often referred to as a “pull” system in

that it relies on states knowing what they need and being

able to request it from the federal government.30 States

may make these requests either before disasters strike

because of the near certainty that federal assistance will

be necessary after such an event, e.g., with hurricanes, or

afterwards, once they have conducted preliminary damage

assessments and determined their response capabilities

are overwhelmed.

Unlike the bulk of the disasters requiring FEMA’s

response, catastrophic disasters require the federal

response to be more proactive. This proactive response is

referred to as a “push” system, in which federal assistance

is provided and moved into the affected area prior to a

disaster or without waiting for specifi c requests from the

state or local governments.31

Implementing a push system—a proactive federal

response—does not require federalization of the disaster

or the usurping of state authority. Although a push system

is a proactive response by the federal government, it still

requires notifi cation and full coordination with the state.

The coordination process, however, should not delay or

impede the rapid mobilization and deployment of these

critical federal resources.32

A proactive response, or push system, is nothing new.

In 1992, the nation’s management of catastrophic disasters

was intensely criticized after Hurricane Andrew leveled

much of South Florida and Hurricane Iniki destroyed

much of the Hawaiian island of Kauai.33 In particular, a

1993 GAO report points to the slow delivery of services

vital to disaster victims as a major fl aw in the response

to Hurricane Andrew in South Florida.34 The report then

contrasts this with the more effective response to Hurricane

Iniki in Hawaii, where FEMA implemented a push system

and sent supplies to the island of Kauai before local

offi cials requested them.35 This occurred despite being

implemented in an ad hoc manner—rather than as part

of an orderly, planned response to catastrophic disasters.36

Furthermore, the long-standing authority for a proactive

federal response resides in the Stafford Act. The current

plan for how to utilize that authority is the NRP-CIA.

The pre-positioning of assets and commodities is a distinct action from the push or pull of those assets

The federal government will often pre-position life-saving

and life-sustaining disaster equipment and supplies prior

to landfall of a hurricane as close to a potential disaster

site as possible. This pre-positioning of supplies can

substantially shorten response time and delivery of initial

critical disaster supplies to the fi eld.

Although part of a proactive response, this pre-

positioning of disaster supplies and assets is not in

and of itself a push of commodities. Once assets are

pre-positioned to go into the fi eld, they still need to be

mobilized and deployed into the fi eld either proactively

by pushing the commodities to the state or reactively by

waiting for a request from the state.

A FAILURE OF INITIATIVE 137

Operational procedures for a push are not well exercised, practiced, or utilized

The majority of declared disasters are not catastrophic.

Because of this, the pull system is most commonly used

during disasters and training exercises and, therefore, is

more familiar to disaster response personnel. In fact, the

NRP-CIA has never been appropriately exercised.37 As a

result, federal personnel have little experience or comfort

with instituting a proactive response.

Additionally, if the Homeland Security Secretary does

not invoke the NRP-CIA, federal personnel have no

clear instruction to switch from a reactive approach to a

proactive approach. Without this clear direction, federal

personnel can be uncomfortable pushing resources

into the state because of the inherent risks, such as

complicating the disaster response by diverting needed

resources from other areas or wasting millions of dollars

in a duplication of effort.

Finding: The Secretary should have invoked the Catastrophic Incident Annex (NRP-CIA) to direct the federal response posture to fully switch from a reactive to proactive mode of operations

Perhaps the single most important question the Select

Committee has struggled to answer is why the federal

response did not adequately anticipate the consequences

of Katrina striking New Orleans and, prior to landfall,

begin to develop plans and move boats and buses into the

area to rescue and evacuate tens of thousand of victims

from a fl ooded city. At least part of the answer lies in the

Secretary’s failure to invoke the NRP-CIA, to clearly and

forcefully instruct everyone involved with the federal

response to be proactive, anticipate future requirements,

develop plans to fulfi ll them, and execute those plans

without waiting for formal requests from overwhelmed

state and local response offi cials.

The NRP-CIA was specifi cally written for a disaster such

as Katrina. According to the NRP:38

■ A catastrophic incident results in large numbers of

casualties and displaced persons.

■ The incident may cause signifi cant disruption to the

area’s critical infrastructure.

■ A credible operating picture may not be achievable for

24 to 48 hours or longer. As a result, response activities

must begin without the benefi t of a complete needs

assessment.

■ Federal support must be provided in a timely manner to

save lives, prevent human suffering, and mitigate severe

damage. This may require mobilizing and deploying

assets before they are requested via normal NRP

protocols.

■ Large-scale evacuations, organized or self-directed may

occur.

■ Large numbers of people may be left homeless and may

require prolonged temporary housing.

It is clear the consequences of Hurricane Katrina

exceeded all of these criteria and required a proactive

response. According to the NRP, “Upon recognition that

a catastrophic incident condition (e.g. involving mass

casualties and/or mass evacuation) exists, the Secretary of

DHS immediately designates the event an INS and begins,

potentially in advance of a formal Presidential disaster

declaration, implementation of the NRP-CIA.”39 On

Monday evening, when DHS received reports the levees

had breached in multiple locations, it should have been

clear to the department the nation’s worst case hurricane

scenario had occurred and a proactive federal response

was required.40 Chertoff never invoked the NRP-CIA.

Smith, LOHSEP Deputy Director for Emergency

Preparedness, believed, “the biggest single failure of

the federal response was the Department of Homeland

Security’s failure to recognize that Katrina was a

catastrophic event and implement the catastrophic

incident annex to the National Response Plan…Had

DHS recognized Katrina for the event that it was, a

truly catastrophic event, had DHS implemented the

catastrophic incident annex to the NRP, Louisiana should

have had a signifi cant number of federal troops and

federal assets, days prior to their actual arrival. . . . Instead

federal troops did not arrive in number until Saturday,

after the evacuations of the Superdome, Convention

Center and cloverleaf were complete.”41

138 A FAILURE OF INITIATIVE

Finding: Absent the Secretary’s invocation of the NRP-CIA, the federal response evolved into a push system over several days

Even though Chertoff never invoked the catastrophic

annex, federal offi cials in the fi eld began, in an ad hoc

fashion, to switch from a pull response to a push system

because of the operational demands of the situation. The

switch was uncoordinated but widespread by the end of

the fi rst week. This has occurred in previous disasters. As

previously mentioned, the response to Hurricane Iniki

in Hawaii implemented an ad hoc push system as FEMA

sent supplies to the island of Kauai before local offi cials

requested them.42 Similarly, the response to Katrina

evolved into an ad hoc push system, even though the

NRP-CIA was not invoked.

The following Mississippi and Louisiana examples

illustrate the switch to a push response and several other

important principles of effective emergency management.

First, they demonstrate the importance of having qualifi ed

and experienced professionals in charge of operations.

Second, these offi cials need to have the authority to

commit resources as they see fi t without waiting to seek

approval from above. And, third, federal offi cials need

to have good working relationships with their state

counterparts. In the fi rst example, Carwile had been the

FCO in Florida during the 2004 hurricane season and

developed a close relationship with the Florida Director

of Emergency Management Craig Fugate. It is clear from

e-mails and numerous staff interviews that Carwile did

not hesitate to authorize and Fugate provided any and all

assistance to Mississippi without formal requests from

Mississippi authorities.43

On August 30, FEMA worked with Florida offi cials

to push response assets into Mississippi. In an e-mail to

Brown and Carwile, Fugate informed them Florida was

pushing search and rescue teams into Mississippi. He

noted the EMAC paperwork was not keeping up with

the need, so they were working off of verbal requests.

Specifi cally, he wrote, “To both of you, you need it, you

got it from [F]lorida. [T]he paper work (sic) can follow.”44

On Thursday, September 1, Carwile and Fugate

continued to push resources into Mississippi without clear

mission requests:

[5:42 a.m. e-mail from Fugate to Carwile]

I’m out of water and ice from my stocks. I’ve

directed Mike DeLorenzo [with the Florida

Division of Emergency Management] to start

purchasing and shipping product into the coastal

Mississippi Counties. Not sure I have an EMAC

mission, but our folks on the ground have

concerns if they run out.

Not sure how much and when, but will try to

keep you updated on progress. If this works, will

continue until told to stop.

So far we have only been shipping water and ice.

No food or baby products.

Craig

——————————————

Craig Fugate, Director

Florida Division of Emergency Management

[10:26 a.m. reply from Carwile to Fugate]

Craig:

You are doing the right thing. Thanks. Know

Robert [Robert Latham, Director of the

Mississippi Emergency Management Agency]

would concur. Will police up paperwork later

– you have my guarantee.

Food is also critical. Need MRE [meals ready to

eat] and/or heater meals if you have any. Water,

ice, food in eastern counties should be your

priority. Recommend Allen coordinate with

MGen Cross (TAG, MS) for integration into their

distribution system.

Also, know FL is providing law enforcement.

Need all you can send. Public safety major

concern (looting, etc.). Have used Dixie Co. body

bags (250) got more?

Thanks, old friend, Bill

A FAILURE OF INITIATIVE 139

In Louisiana, FEMA response personnel tried on a

number of occasions to push commodities and assets into

the fi eld. In cases where it was clear there was a need for

life-saving and life-sustaining commodities but no clear

state distribution system set up, FEMA acted proactively to

provide assistance. For example, Louisiana FCO Bill Lokey

noted there were situations where stranded individuals

were not in immediate danger, but needed food and

water. When FEMA gained access to several helicopters,

FEMA began ferrying food and water to people stranded

on high ground even though there was no formal request

by the state to perform this function. In addition, FEMA

contracted with over 100 ambulances to transport hospital

evacuees. This mission was not requested by the state,

but FEMA responded proactively because the situation

demanded immediate action.45

Although there are numerous examples of a push

system being implemented at times, there were also a

number of times when state or local offi cials expressed

frustration that requests for assistance were not processed

because they did not follow the formal request process.

For example, according to Louisiana and FEMA offi cials,

state and local offi cials verbally requested specifi c assets

or commodities during conference calls that were never

fulfi lled.46 In these cases no immediate action was taken

because FEMA offi cials assumed the state would follow

up the verbal requests with offi cial written requests. If the

catastrophic annex had been invoked, then perhaps FEMA

would have expected requests outside the normal process

and acted on them.

Finding: The Homeland Security Operations Center failed to provide valuable situational information to the White House and key operational offi cials during the disaster

During Hurricane Katrina, the roles and responsibilities

of the HSOC were unclear. One of the primary roles

performed by the HSOC is to maintain an accurate

picture of events as an incident unfolds by gathering and

integrating information from multiple sources, including

the National Response Coordination Center (NRCC), the

Coast Guard, and other DHS elements.47 Specifi cally, the

NRP has designated the HSOC as the national-level hub

for information sharing management during domestic

incidents. The HSOC provides primary situational

awareness to the Secretary, the IIMG, and the White House.

Perhaps the single most important piece of

information during Katrina was confi rmation of the levee

breaches in New Orleans. Beyond the importance of the

information itself, the implications of the information

determined whether or not Katrina would be just another

bad storm in New Orleans or the nation’s worst-case

hurricane disaster. Because DHS failed to anticipate the

likely consequences of the storm and procure the buses,

boats, and aircraft that were ultimately necessary to

evacuate the fl ooded city prior to Katrina’s landfall, the

next critical decision point of the federal response became

On Monday evening the HSOC failed to conclude levees breached in New Orleans despite a FEMA eyewitness report and the presence of numerous Coast Guard air assets over New Orleans, which had the ability to communicate to most anywhere in the country. FEM

A

140 A FAILURE OF INITIATIVE

confi rmation of the levee breaches. If the levees breached

and fl ooded a large portion of the city, then the fl ooded

city would have to be completely evacuated.48 Any delay

in confi rming the breaches would result in a delay in the

post-landfall evacuation of the city.

On Monday evening the HSOC failed to conclude

that levees had breached in New Orleans despite a FEMA

eyewitness report and the presence of numerous Coast

Guard air assets over New Orleans, which had the ability

to communicate to almost anywhere in the country.

According to the commander of the Coast Guard’s Air

Station New Orleans, Captain Bruce Jones, there were

nine Coast Guard helicopters, including the helicopter he

piloted, operating over New Orleans by Monday evening,

and Rear Admiral Duncan was fl own over the city in a

Coast Guard Falcon aircraft to assess the situation.49

In addition, a Coast Guard C-130 from Clearwater,

Florida arrived over the city Monday evening after it heard

the radio chatter from the rescue helicopter operations

and diverted from its mission to reconnoiter the status

of off shore oil rigs. The C-130 was able to communicate

with all of the helicopters, and it could patch some

communications through to the Coast Guard’s division

eight headquarters temporarily established in St. Louis.

The division headquarters could then patch those

communications through to a landline and reach almost

any destination from there. The one important exception

was calling into Baton Rouge, which was not possible.50

According to Marty Bahamonde, a FEMA External

Affairs offi cial, and the Coast Guard, he was fl own over

New Orleans early Monday evening for the specifi c

purpose of providing situational awareness to Brown and

DHS headquarters.51 Captain Frank M. Paskewich said

his unit took Bahamonde up in the helicopter because

they were under the impression he had a direct line of

communication into the White House. They thought

Bahamonde could get the information regarding the

status of the levees and fl ooding in the city to Washington

faster than they could through the Coast Guard chain of

command.52 Bahamonde’s observations were received in

the HSOC a few hours after his over fl ight and became a

Monday 10:30 p.m. HSOC spot report that was sent to the

White House situation room shortly after midnight.53 This

spot report can be found in Appendix 2. However, it is not clear if the other Coast Guard observations, including

Duncan’s reconnaissance fl ight, reached the HSOC on

Monday evening or at all.

Because the HSOC failed to confi rm the levee breaches

on Monday, the fi rst federal decision to procure buses was

made by Deputy FCO Phil Parr, who was at the Superdome,

on Tuesday when he saw the water reaching the Superdome

and realized it would become an island and have to be

evacuated. At that point he began to develop an evacuation

plan and requested hundreds of buses.54

The HSOC’s role is not only to provide situational

awareness and policy advice to top offi cials within DHS,

but also to provide situational information and address

lower level coordination issues. Yet, interviews suggest

that while information was fl owing upwards to the HSOC

and onto the Secretary, it was less clear what valuable

information was fl owing down to key offi cials on the

ground during the disaster. Edward Buikema, FEMA’s

former Acting Director of Response, and Mike Lowder,

Deputy Director of Response, both stated that while

situational reports were continually fl owing up the ladder

from FEMA headquarters to the HSOC, no information

was fl owing back down from the HSOC to the NRCC.55

Finding: The White House failed to de-confl ict varying damage assessments and discounted information that ultimately proved accurate

In response to document requests to White House

Chief of Staff Andrew Card56 and the Offi ce of the

Vice President,57 the Select Committee received and

reviewed 22,830 pages of Katrina-related documents.58

Of this production, 16,482 pages were from staff of

F E

M A

A FAILURE OF INITIATIVE 141

the President’s Homeland Security Council Prevention,

Preparedness and Response (PPR) directorate, headed

by Kirstjen Nielsen. The remaining 6,348 pages were

produced by the Offi ce of the Vice President.

Homeland Security Council (HSC) staff received a

continuous paper fl ow in the hours and days before

Katrina made landfall and after. Of the 16,482 pages

produced, almost all of the documents are repeated

numerous times. The most commonly found documents

include:

HSOC Situation Reports

HSOC Spot Reports

Louisiana Offi ce of Emergency Preparedness

Situation Reports

Mississippi Emergency Management Agency

Situation Reports

Alabama Emergency Management Agency Situation

Reports

E-mails from DHS Watch Offi cer to White House

HSC Staff

FEMA executive briefi ng slides

FEMA Hurricane Liaison Team (HLT) Advisories

FEMA National Situation Reports

FEMA Regional Situation Reports

DOE Energy Reports from Offi ce of Electricity

Delivery and Energy Reliability

DOT Situation Reports

Federal Highway Administration (FHWA) Status

Reports

Talking Points from both DHS and the White House

National Disaster Medical System (NDMS) Reports

Coast Guard briefi ng materials

National Guard briefi ng materials

Pipeline Situation Reports

FAA Emergency Operations Division Reports

HHS Operations Center Situation Reports

HUD briefi ng materials

White House Press Offi ce materials, and

Red Cross Disaster Operations Summary Reports

The HSC was situated at the apex of the policy

coordination framework for responding to Hurricane

Katrina.59 A HSC chart has Chertoff, and the IIMG

through the Secretary, seemingly reporting into the HSC.

As the coordinator of policy, it would seem to follow that

HSC was directly involved in the Katrina response:

Not really, according to Deputy Homeland Security

Advisor Ken Rapuano, who twice briefed Select

Committee members and staff. “We don’t do operations

at the White House,” Rapuano said on January 27. “We’re

a transit site for information. DHS is the operating agency

for response, and we were working closely with them . .

. . At the time we believed we were fully supporting the

[federal, state, and local response] requirements. Now we

know differently.”60

As discussed previously in the Investigation Overview

chapter, the Select Committee grew frustrated by the

White House’s slow response to requests for information

and documents. On the one hand, it is true the Rapuano

briefi ngs the Select Committee ultimately received in

lieu of more complete document production offered a

wide array of acknowledged failures and lessons learned.

On the other, the White House’s decision to withhold

documents and communications raising concerns about

executive priviledge, leaves the Select Committee no

choice but to fi nd, based on the information we have

received, that a failure of initiative plagued the White

House as well.

Failure to resolve confl icts in information and the “fog of war,” not a lack of information, caused confusion

The White House did not suffer from a lack of

information. At 1:47 a.m. on August 29, before Katrina

made landfall, DHS forwarded an infrastructure advisory

to the White House Situation Room and HSC staff

indicating the risks associated with a potential levee

White House Homeland Security Council/Hurricane Task Force

Secretary of Homeland Security Michael Chertoff

Principal Federal Official (PFO) Michael D. Brown

Interagency Incident

Management Group (IIMG)

FEMA FCO Louisiana JFO

Bill Lokey

FEMA FCO Mississippi JFO

Bill Carwille

FEMA FCO Alabama JFO Ron Sherman

FEMA FCO Florida JFO

Justin Demello

Hurricane Katrina Policy Coordination Framework for Response

WHITE HOUSE HOMELAND SECURITY COUNCIL

142 A FAILURE OF INITIATIVE

breach.61 The report advised a severe storm surge would

likely lead to severe fl ooding, leaving New Orleans under

water for weeks or months.62 The report further estimated

an economic impact of $7 to $10 billion.63 Detailed

diagrams of the New Orleans levee system arrived at the

White House at 12:14 p.m. on Sunday, August 28.64

After Katrina made landfall and the levees failed,

the White House continued to receive a substantial

information fl ow. At 2:20 p.m. on August 29, a HSOC

report stated some Louisiana parishes had eight to 10 feet

of water and an unspecifi ed number of Louisiana and

Mississippi residents were stranded in fl ooded areas.65 In

a 6:00 p.m. HSOC report, the White House was advised

extensive fl ooding in New Orleans could take months to

reverse through the dewatering process.66 At 12:02 a.m. on

August 30, the White House received the Bahamonde spot

report in which it was reported he observed a quarter-

mile breach in the levee near the 17th Street Canal.

Bahamonde also reported free-fl owing water emptying

into the city, Orleans Parish “under water,” homes

completely underwater, hundreds of people on roofs and

balconies, and bodies fl oating in the fl ood waters.67

While Bahamonde’s report was detailed in a 10:30

p.m. HSOC spot report, that report was not e-mailed to or

received by the White House Situation Room until shortly

after midnight on August 30.68 Even then, according

to Rapuano, White House offi cials did not believe they

had confi rmation of any levee breaches, since an earlier

Army Corps of Engineers’ report had not confi rmed them

and because “this was just Marty’s observation, and it’s

diffi cult to distinguish between a [levee] overtopping and

a breach.”69

Bahamonde has testifi ed, however, that he was certain

the levee was breached.

At approximately 11 a.m. [Monday, August

29], the worst possible news came into the EOC.

I stood there and listened to the fi rst report of the

levee break at the 17th Street Canal. I do not know

who made the report but they were very specifi c

about the location of the break and the size. And

then they added it was “very bad.” I continued to

provide regular updates to FEMA Headquarters

throughout the day as the situation unfolded.

At approximately 5 p.m., I rushed over to the

Superdome because I had been notifi ed that a

Coast Guard helicopter was able to take me for a

short fl yover so that I could assess the situation

in the city and plan for Under Secretary Brown’s

visit the next day. My initial fl yover lasted about 10

minutes and even in that short time I was able to

see that approximately 80 percent of the city was

under water, and I confi rmed the 17th Street Canal

levee break. I was struck by how accurate the 11

a.m. call was about the levee.70

After his helicopter over fl ight at about 7:00 p.m.,

Bahamonde said he called Brown and explained what he

saw.71 “I picked up the phone and I called Under Secretary

Brown directly and I began a 10-, 15-minute conversation

that explained everything that I have already explained in

my statement.”72 Brown listened to Bahamonde’s report

and did not ask any questions.73 “All he said was, ‘Thank

you. I am now going to call the White House.’”74

White House offi cials did not consider the breaches

confi rmed until roughly 6:30 a.m. the next morning,

upon receipt of an updated situation report from DHS,

Rapuano said.75 “Confi rmation of a full breach would not

have changed anything we would have done,” Rapuano

said. “We weren’t going to repair the levees overnight,

and search and rescue was already operating in full gear,

regardless.”76

But confi rmation of the breach of the levees could

have had practical implications for White House

involvement in the response. Flooding from breaches and

fl ooding from overtopping have different consequences.

Overtopping fl ooding will stop as the waters recede;

fl ooding through a breach will continue, as it did, through

the breach until the water in the city is at the same level

as the water in the lake. The latter fl ooding could drive

more of the population that stayed behind from their

homes, necessitating greater needs for evacuating that

Determining the status of the levees could have spurred earlier evacuation for that population, which might have been facilitated by White House involvement.

A FAILURE OF INITIATIVE 143

population. When President Bush was concerned that

Governor Blanco had not ordered the evacuation of New

Orleans, he called her on Sunday morning to urge such an

evacuation.77 Similarly White House involvement could

have spurred earlier evacuation post-landfall for those

trapped by the fl oods from the breached levees.

Further, White House offi cials clearly were able to

identify and locate resources for the relief effort when

they had suffi cient information to know what was

needed. Maggie Grant, Special Assistant to the President

for Intergovernmental Affairs, played a key role in

coordinating shelter for 15,000 in Arkansas with Arkansas

Governor Mike Huckabee and in coordinating shelter for

thousands of others in Georgia and Alabama.78

Regardless of what the White House did or did not,

or could or could not, do with the information at its

disposal, it appears clear offi cials charged with reviewing

that information failed to de-confl ict it. Among the

primary tasks of the HSOC and HSC is to shuttle and

synthesize information. Yet both appeared to discount

information that ultimately proved accurate, and failed

to provide decision-makers, up to and including the

President, with timely information.

Brown testifi ed that he spoke with White House offi cials

as many as “thirty times.”79 He said he had no trouble

getting through to senior decision makers: “I had no

problem picking up the phone and getting hold of Chertoff

or Andy Card or Joe Hagin, or the President; I don’t have

those problems.” Brown told The New York Times he advised

both Chertoff and a White House offi cial, either Chief of

Staff Andrew Card or Card’s deputy, Joe Hagin, on Monday

evening, August 29, “I am having a horrible time. I can’t get

a unifi ed command established.”80 On Tuesday, August 30,

he said he called to ask the White House to “take over” the

Katrina response.81 In his testimony, Brown said that this

was offered to Blanco.

One of the things that I was trying to do was to

assist the Governor in any way that I could in

the decision-making process, in trying to help

her manage what was going on. And one of my

suggestions was that, you know, that we could

federalize this disaster and take over the National

Guard and run the operation through that National

Guard. And I — I do not know whether she

considered it or not, but I know that she came back

to me and rejected that.82

Neither Rapuano nor anyone else at the White House

would confi rm these accounts. Rapuano would only say

he “was not aware that Brown called the White House

asking us to take over.”83

Rapuano acknowledged at both briefi ngs that “the fog of

war” affected both the quality and quantity of information

that reached the White House.84 The Select Committee also

believes, in the absence of any information to the contrary

from the White House, that the President’s Homeland

Security team did not effectively substantiate, analyze, and

act on the information at its disposal.

Listed in Appendix 3 are examples of documents that fl owed to the White House over the days right before and

after Katrina made landfall, August 27 through September

3. The items logged do not refl ect the entire information

fl ow to the White House, or all documents provided to the

Select Committee. Rather, they are meant to illustrate the

type and range of information known to the White House

suggesting Katrina and the subsequent fl ooding was not

a standard emergency event. Yet the enormity of Katrina

seemed not to have been fully understood by the White

House until at least Tuesday, August 30.

Finding: Federal agencies, including DHS, had varying degrees of unfamiliarity with their roles and responsibilities under the NRP and National Incident Management System (NIMS)

It has become clear the response to Katrina was not unifi ed

and coordination among local, state, and federal authorities

failed in several areas. The NRP and NIMS serve as a pre-

established unifi ed command structure for response to

such a catastrophic incident. In order to seamlessly execute

the NRP, each agency needs to develop effective operating

procedures essential to satisfying that agency’s roles and

responsibilities under the NRP and NIMS.

Rapuano acknowledged at both briefi ngs that “the fog of war” affected both the quality and quantity of information that reached the White House.

144 A FAILURE OF INITIATIVE

Some agencies had well developed standard operating

procedures while others had none at all. The U.S. Army

Corps of Engineers and the Department of Transportation

had previously developed signifi cant operating procedures

that covered agency responsibilities under the NRP.85

Both agencies had used these operating procedures during

training exercises to ensure an understanding of operating

procedures prior to real time application.86 These agencies

executed their responsibilities under the NRP fairly well.

Other agencies lack suffi cient operating procedures for

their responsibilities under the NRP. Many, when asked

for operating procedures, referred to related sections of

the NRP. Since the NRP is not an operational plan, this

led to problems with execution of Emergency Support

Function (ESF) responsibilities.87

While DOD, the Department of Health and Human

Services (HHS), and the Coast Guard performed

admirably in many respects, there were problems

adequately coordinating their activities with other federal,

state, and local agencies through the NRP structure.

For example, DOD by-passed the NRP mandated

unifi ed command, taking requests from the states directly,

absent the necessary input and coordination by FEMA.

This was apparent in the evacuation of the Superdome.

Parr completed a plan to evacuate the Superdome

Wednesday morning with the support of the Louisiana

National Guard. Shortly before implementation of the

plan, Parr was informed of the decision by General

Honoré of Northern Command to proceed with a

different evacuation plan. Unknown to Parr, Blanco had

requested DOD’s involvement in the evacuation the day

before. The Governor’s request was made outside the

unifi ed command and without the knowledge of FEMA

offi cials, resulting in a duplication of efforts and a delay

in the evacuation. Additionally, Parr stated that the actual

evacuation under Honoré’s plan resulted in an additional

24 hour delay to evacuees.88

In another case, HHS activated the National Disaster

Medical System without prior notice or consultation with

Alabama, thereby removing 200 beds from the inventory

the state believed on hand, and to which state offi cials

were still directing patients. Likewise, Coast Guard search

and rescue operations were bringing survivors from

Mississippi unannounced to already full hospitals until

Alabama sent its own personnel forward to help triage

cases and coordinate the direction of Coast Guard fl ights.

This resulted in confusion over available hospital beds for

victims through the Gulf coast and delay in the medical

response.89

Additional failures to adhere to the NRP were apparent

in the lack of communication between the NRCC and the

HSOC, which disrupted the overall information fl ow and

situational awareness.

Finding: Once activated, the Emergency Management Assistance Compact (EMAC) enabled an unprecedented level of mutual aid assistance to reach the disaster area in a timely and effective manner

EMAC provided invaluable interstate mutual aid in

support of Hurricane Katrina by deploying more

than 67,891 personnel (19,481 civilians and 48,477

National Guard) to Louisiana and Mississippi.90 EMAC

facilitated mutual assistance from 48 states, the District of

Columbia, the Virgin Islands and Puerto Rico.

In support of Hurricane Katrina, more than 2,188

resource requests (missions) were fi lled.91 Record numbers

of National Guard troops, local responders, and health/

medical personnel were deployed through the compact.

EMAC also works in cooperation with the federal

government by co-locating personnel, when requested,

in the NRCC or Regional Response Coordination Center

A P

P H

O T

O /E

R IC

G A

Y

A FAILURE OF INITIATIVE 145

(RRCC) in order to share information on EMAC activities

in the affected states, monitor the availability of needed

resources being offered by assisting states, and facilitate

overall emergency response and recovery activities.

Through state statute, EMAC addresses the legal issues

of liability, workers compensation, reimbursement, and

professional licensure—prior to a disaster or emergency

when resource needs and timing are critical.92 State and

territory members must pre-designate personnel with

the authority to request and commit resources. Standard

operating procedures exist for compact members and

training and exercise of state personnel is required. While

formalized protocols are in place, EMAC is designed to

be adaptable and scaleable to meet the changing needs of

each event.

Following each large scale activation of the compact, a

review and evaluation of the response is conducted and

standard operating procedures revised and updated to

refl ect lessons learned and best practices. For example,

lessons learned from the 2004 Florida hurricanes led to

an overhaul of some operational procedures related to

mobilization and deployment of resources, an enhanced

automation system to provide more accurate data and

electronic tracking of resources, and a new standardized

EMAC training curriculum and updated operations

manual.93 These enhancements were either in progress or

completed prior to Hurricane Katrina.

In Mississippi, EMAC assistance was considered a

success. The assistance in Mississippi included help from

other states’ security agencies (such as their state police) as

well as various states’ National Guards (troops and hard

assets).94 (See the MILITARY chapter for more detail.)

Louisiana state offi cials also viewed EMAC assistance

as very successful. One state offi cial said there were almost

900 EMAC agreements for assistance. Although the EMAC

response from surrounding states varied, state offi cials

applauded EMAC for successfully getting law enforcement

manpower assistance. According to state police offi cers

Ralph Mitchell and Joseph Booth, Arkansas, Tennessee,

New Jersey, and California all sent law enforcement

offi cers through EMAC.95

FEMA offi cials also noted the general success of

EMAC. Because of the magnitude of the disaster, however,

Louisiana was unable to handle all of the EMAC requests,

requiring FEMA to become more involved in the process

than normal. In particular, FCO Scott Wells noted some

state offers of assistance through FEMA were rejected

by Louisiana. He said these offers were rejected by SCO

Smith because of concerns about the costs to the state.96

Finding: Earlier presidential involvement might have resulted in a more effective response

Similar to other large scale disasters, the catastrophic

nature of Katrina required early presidential involvement

to direct federal agencies in a massive coordinated

response. In practice, it takes presidential action to

quickly deploy the logistical capability of the military to

meet the tremendous food, shelter, and medical needs of

large affected populations. According to the Government

Accountability Offi ce’s (GAO) review of hurricanes Hugo

(1989, SC and NC), Andrew (1992, FL and LA), and Iniki

(1992, HI):

Often, when a catastrophic disaster leaves a gap

between what volunteers can provide and the needs

of disaster victims, DOD is the only organization

capable of providing, transporting, and distributing

suffi cient quantities of the items needed to fi ll that

gap. . . . While we clearly see a major role for DOD

in providing mass care, we do not advocate turning

over the entire disaster response, relief, and recovery

operations to the military.97

Not only did senior DHS offi cials fail to acknowledge the scale of the impending disaster, they were ill prepared due to their lack of experience and knowledge of the required roles and responsibilities prescribed by the NRP.

146 A FAILURE OF INITIATIVE

Instead, the GAO recommended increased presidential

involvement in the disaster and an improved process

for FEMA to request DOD assistance as the solution for

enabling DOD to provide relief during the critical fi rst

few days of a catastrophic disaster.98 The Stafford Act

authorizes the President, not the director of FEMA or the

Homeland Security Secretary, to direct federal agencies

to save lives and protect property and support state and

local response efforts.99 While the Stafford Act requires the

President to delegate the coordination of response efforts

to a federal coordinating offi cer (FCO), the law does

not give the FCO command authority over other federal

agencies. As a result, the FCO is not in a position to direct

the operations of large departments such as DOD. Only

the President appears able to promptly engage active duty

military forces and achieve a unity of effort among all the

federal agencies responding to a catastrophic disaster.

During Hurricane Katrina this problem was apparent in

FEMA’s and DHS’ inability to promptly task major mission

assignments to DOD. For example, FEMA did not approach

DOD about taking over the logistics mission until

Thursday, September 1, according to staff interviews with

senior FEMA offi cials.100 In response, Colonel Chavez with

the Assistant Secretary for Homeland Defense Paul McHale

instructed FEMA that the request had to go to Secretary

of Defense Donald Rumsfeld.101 Although details and

planning still needed to take place, the Secretary of Defense

supported approval of the request on Friday, and Principal

Deputy Assistant Secretary of Defense Pete Verga approved

execution orders on Saturday, September 3.102 Out of this

request, according to McHale, DOD found additional

mission assignments that it could undertake and proposed

them to FEMA. Seven other mission assignments were

negotiated and approved over the next few days with senior

DHS offi cials, including Deputy Secretary Michael Jackson

and the Director of Operations Coordination Brigadier

General Matthew Broderick (USMC-Ret).103 But by the time

all of these missions were assigned, it was one week since

Katrina had made landfall.104

Conclusion

Hurricane Katrina exposed numerous defi ciencies

in the existing national framework for emergency

management, including specifi c mistakes that delayed an

appropriate federal response. Confusion accompanied

the implementation of the NRP, resulting in key elements

of the plan executed late, ineffectively, or not at all. Not

only did senior DHS offi cials fail to acknowledge the scale

of the impending disaster, they were ill prepared due to

their lack of experience and knowledge of the required

roles and responsibilities prescribed by the NRP. The

Secretary of DHS failed to declare an INS, convene the

IIMG, and properly designate the PFO in a timely manner.

The White House failed to de-confl ict varying damage

assessments and discounted FEMA-supplied eyewitness

information that ultimately proved accurate. Furthermore,

the government was limited to a reactive response due

to failure to activate the NRP-CIA. Despite failures of

the system, portions of the national framework were

successful, including EMAC, which proved invaluable in

providing necessary levels of mutual aid assistance. ■

Similar to other large scale disasters, the catastrophic nature of Katrina required early presidential involvement to direct federal agencies in a massive coordinated response.

Although the Select Committee’s access to White House documents, communications, and staff was not as comprehensive as we had hoped, the information we did receive suggests the President could have received better disaster advice and counsel.

A FAILURE OF INITIATIVE 147

1 Homeland Security Act of 2002, Pub. L. No. 107-296, Title V, 116 Stat. 2135 (2002) [hereinafter Homeland Security Act]. 2 Dep’t of Homeland Security, National Response Plan, (Dec. 2004) [hereinafter NRP]. 3 State of Louisiana, Southeast Louisiana Hurricane Planning Project, (Sept. 5, 2005) [hereinafter Southeast LA Planning Project]. 4 E-mail correspondence from Stephen York, Department of Homeland Security, to Andrew Akers, Homeland Security Operations Center

(HSOC), Senior Watch Offi cer, et al. (Aug. 28, 2005) (11:59 a.m.) [hereinafter Aug. 28, 2005 York E-mail]; http://www.cnn.com/2006/ POLITICS/01/24/katrina.levees.ap/ (last visited Jan. 28, 2006).

5 1993 GAO Report. 6 Homeland Security Act. 7 Hearing on Hurricane Katrina: The Role of the Department of Homeland Security Before Select Comm., 109th Cong. (Oct. 19, 2005) (written

statement of Michael Chertoff, Secretary of Homeland Security) [hereinafter Oct. 19, 2005 Select Comm. Hearing]. 8 See E-mail correspondence from Kirstjen Nielson, White House Homeland Security Council, to Tom Ryder, Department of Energy (Aug. 29,

2005) (10:58 a.m.). 9 E-mail correspondence from Michael Lowder, Deputy Director of Response, FEMA, to Patrick Rhode, FEMA, et al. (Aug. 28, 2005) (7:48 p.m.)

[hereinafter Aug. 28, 2005 Lowder E-mail]. 10 NRP at 22. 11 Briefi ng for Select Comm. Staff by the White House in Washington, DC (Dec. 13, 2005). 12 Aug. 28, 2005 York E-mail; E-mail correspondence from Andrew Akers, DHS, to Paul Perkins, HSOC, et al. (Aug. 29, 2005) (1:47 p.m.)

[hereinafter Aug. 29, 2005 Akers E-mail]. 13 Interview by Select Comm. Staff with Madhu Beriwal, Pres., Innovative Emergency Management in Washington, DC (Jan. 6, 2005). 14 Southeast LA Planning Project. 15 NRP at 22-23. 16 Id. at 22. 17 Aug. 28, 2005 Lowder E-mail. 18 Hearing on Hurricane Katrina: Perspectives of FEMA’s Operations Professionals Before the Senate Comm. on Homeland Security and Governmental

Affairs,109th Cong. (Dec. 8, 2005) at 70-73 (testimony of Philip Parr, Deputy Federal Coordinating Offi cer, FEMA Joint Field Offi ce, Austin, TX) [hereinafter Dec. 8, 2005 Senate Comm. Hearing].

19 Hearing on Hurricane Katrina: Preparedness and Response by the State of LA Before Select Comm., 109th Cong. (Dec. 14, 2005) at 18 (statement of Colonel Jeff Smith) [hereinafter Dec. 14, 2005 Select Comm. Hearing].

20 NRP at 33. 21 See E-mail correspondence from Ken Hill, Executive Secretary, DHS to Michael Jackson, Deputy Secretary, DHS, et al., (Aug. 30, 2005) (8:22

p.m.); E-mail correspondence from Michael Brown, Undersecretary for Emergency Preparedness and Response to Sharon Worthy, Special Assistant, DHS (Aug. 30, 2005) (11:00 p.m.).

22 NRP at 34. 23 Jan. 6, 2006 Buikema Interview. 24 Id. 25 Oct. 19, 2005 Select Comm. Hearing, (written statement of Michael Chertoff). 26 NRP at 33. 27 Stafford Act, §§ 5143, 5170(a)-(b), 5192. 28 NRP at 33-34. 29 Jan. 6, 2006 Buikema Interview. 30 Interviews by Select Comm. Staff with New Orleans offi cials in New Orleans, LA (Nov. 3-10, 2005). 31 Id. 32 NRP at 342. 33 1993 GAO Report at 3. 34 Id. 35 Id. at 7. 36 May 25, 1993 Senate Armed Forces Comm. Hearing (Statement of J. Dexter Peach). 37 Interview by Select Comm. Staff with Bill Lokey, Federal Contracting Offi cer for LA, FEMA , in Washington, DC ( Jan. 23, 2006) [hereinafter

Jan. 23, 2006 Lokey Interview]. 38 NRP at Catastrophic Incident Annex. 39 Id. at CAT-4. 40 DHS HSOC Spot Report of Marty Bahamonte, Regional Director, External Affairs, Region One, FEMA (Aug. 29, 2005) [hereinafter Aug. 29, 2005

HSOC Spot Report]; Interview by Select Comm. with Bruce Jones, Captain, Coast Guard New Orleans Air Commander in Washington, DC (Jan. 10, 2006).

41 Dec. 14, 2005 Select Comm. Hearing at 18 (testimony of Colonel Jeff Smith). 42 1993 GAO Report at 7. 43 E-mail correspondence from William Carwile, DHS, to Craig Fugate, Director, Florida Division of Emergency Management (Aug. 30, 2005). 44 Id. 45 Jan. 23, 2006 Lokey Interview. 46 Interviews by Select Comm. Staff with FEMA and Louisiana offi cials in New Orleans, LA (Nov. 3-10, 2005). 47 NRP. 48 Southeast LA Planning Project. 49 Briefi ng for Select Comm. Staff by U.S. Coast Guard in Washington, DC (Jan. 10, 2006) [hereinafter Jan. 10, 2006 Coast Guard Briefi ng].

148 A FAILURE OF INITIATIVE

50 Id. 51 Hearing on Hurricane Katrina in New Orleans: a Flooded City, a Chaotic Response Before the Senate Committee on Homeland Security and

Governmental Affairs, 109th Cong. (Oct. 20, 2005) at 9-13 (testimony of Marty Bahamonde, Regional Director, External Affairs, Region One, FEMA) [hereinafter Oct. 20, 2005 Senate Comm. Hearing]; Jan. 10, 2006 Coast Guard Briefi ng.

52 Jan. 10, 2006 Coast Guard Briefi ng. 53 E-mail correspondence from Michael Inzer, HSOC, to Bethany Nichols, et al. (Aug. 30, 2005) (12:02 p.m.) [hereinafter Aug. 30, 2005 Inzer

E-mail]; Aug. 29, 2005 HSOC Spot Report. 54 Interviews by Select Comm. Staff with FEMA and Louisiana offi cials in New Orleans, LA (Nov. 3-10, 2005); Dec. 8, 2005 Senate Comm. Hearing

at 70-73 (testimony of Philip Parr). 55 Jan. 6, 2006 Buikema Interview. 56 Letters from Select Comm. to Andrew H. Card, Jr., White House Chief of Staff, Sept. 30, Oct. 13, and Dec. 1, 2005. 57 Letters from Select Comm. to I. Lewis Libby, Jr., then Chief of Staff to the Vice President, Oct. 13, 2005, and to David S. Addington, Counsel to

the Vice President, Oct. 4 and Dec. 7, 2005. 58 The Executive Offi ce of the President produced 16,482 pages of documents and the Offi ce of the Vice President produced 6,348 pages of

documents. 59 Hurricane Katrina – Policy Coordination Framework for Response, Offi ce of the Vice President document supplied to the Select Comm. 60 Briefi ng for Select Comm. Staff by the White House in Washington, D.C. (Jan. 27, 2006) [hereinafter Jan. 26, 2006 White House Briefi ng]. 61 Aug. 28, 2005 York E-mail. 62 Aug. 29, 2005 Akers E-mail; DHS National Infrastructure Simulation & Analysis Center, Fast Analysis Report (Update to Refl ect Category 5 Status)

to DHS IP on Hurricane Katrina, Gulf Coast (Aug. 28, 2005). 63 Id. at 1. 64 E-mail correspondence from Stephen York, DHS, to Andrew Akers, HSOC SWO, et al. (Aug. 28, 2005) (12:14 p.m.); Homeland Security

Operations Center, Diagrams of New Orleans Levee Systems and Scenarios. 65 E-mail correspondence from Insung Lee, HSOC, to Frank DiFalco, et al. (Aug. 29, 2005) (2:20 p.m.). HSOC report received at the White House

Aug. 29, 2005 at 2:20 p.m. 66 E-mail correspondence from Tom Holz, to Bethany Nichols, et al. (Aug. 29, 2005) (6:13 p.m.); HSOC, Hurricane Katrina SITREP #7. HSOC

report received at the White House, Aug. 29, 2005 at 6:13 p.m. 67 Aug. 30, 2005 Inzer E-mail; Aug. 29, 2005 HSOC Spot Report. 68 Id. 69 Jan. 27, 2006 White House Briefi ng. 70 Oct. 20, 2005 Senate Comm. Hearing (testimony of Marty Bahamonte, Regional Director, External Affairs, Region One, FEMA). 71 Id. at 27. 72 Id. 73 Id at 28. 74 Id. 75 Jan. 27, 2006 White House Briefi ng. 76 Id. 77 Id. 78 Daily Video Teleconference amongst offi cials dated Sept. 2, 2005 [hereinafter Sept. 2, 2005 Daily Video Teleconference]. 79 Hearing on Hurricane Katrina: The Role of the Federal Emergency Management Agency Before Select Comm., 109th Cong. (Sept. 27, 2005) at 213

(testimony of Michael Brown, then Director of FEMA) [hereinafter Sept. 27, 2005 Select Comm. Hearing]. 80 David D. Kirkpatrick and Scott Shane, “Ex-FEMA Chief Tells of Frustration and Chaos,” The New York Times, Sept. 15, 2005, A1. 81 Id. 82 Sept. 27, 2005 Select Comm. Hearing at 104. 83 Sept. 2, 2005 Daily Video Teleconference. 84 Jan. 26, 2006 White House Briefi ng. 85 U.S. Army Corps of Engineers, ESF #3 Field Guide (June 2001). 86 Briefi ng for Select Comm. Staff by Department of Transportation in Washington, DC on Oct. 31, 2005; Interview by Select Comm. Staff with

U.S. Army Corps of Engineers in Washington, DC on Oct. 28, 2005. 87 NRP at 5. 88 Dec. 8, 2005 Senate Comm. Hearing at 70-72 (testimony of Philip Parr). 89 Interviews by Select Comm. Staff with Alabama Offi cials in Clanton and Montgomery, AL on October 11-12, 2005. 90 Beverly Bell, NEMA, “EMAC Strides in 2005 Set a Precedent for Future,” (Jan. 30, 2006) http;//www.mema.org/newsletterwork/temamain.

html. 91 Interviews by Select Comm. Staff with Louisiana Offi cials in New Orleans, LA (Nov. 3-10, 2005). 92 See Emacweb.org. 93 Interviews by Select Comm. Staff with Louisiana Offi cials in New Orleans, LA (Nov. 3-10, 2005). 94 Hearing on Hurricane Katrina: Preparedness and Response by the State of Mississippi Before Select Comm., 109th Cong. (Dec.7, 2005) at 2 (statement

of Haley Barbour, Governor, State of Mississippi). 95 Interviews by Select Comm. Staff with FEMA Offi cials in New Orleans, LA (Nov. 3-10, 2005). 96 Id. 97 Hearing on Disaster Management: Recent Disasters Demonstrate the Need to Improve the Nation’s Response Strategy Before the Subcomm. On Nuclear

Deterrence, Arms Control and Defense Intelligence of the Senate Comm. on Armed Forces, 103rd Cong. (May 25, 1993) at 11-12 (statement of J. Dexter Peach, Assistant Comptroller General) [hereinafter May 25, 1993 Senate Armed Forces Comm. Hearing].

A FAILURE OF INITIATIVE 149

98 U.S. Gov’t Accountability Off., Pub. No. GAO/RCED-93-186, Disaster Management: Improving the Nation’s Response to Catastrophic Disasters, 2 (July 1993) [hereinafter 1993 GAO Report].

99 Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5170(a)-(b), 5192 (2005) [hereinafter Stafford Act]. 100 See Interview by Select Comm. Staff with Edward Buikema, former Acting Director of Response, FEMA [hereinafter Jan. 6, 2006 Buikema

Interview], in Washington, DC (Jan. 6, 2006). 101 E-mail correspondence from Col. Richard Chavez, Senior Military Advisor for Civil Support, to Thomas Kuster, CIV, OSD-Policy (Sept. 2,

2005) (9:38 a.m.). 102 DOD and FEMA, MOD 8 to EXORD for DOD Support to FEMA for Hurricane Katrina, on fi le with the Select Comm., No. MMTF 00028-05. 103 Correspondence from Paul McHale, Assistant Secretary of Defense for Homeland Defense, to Chairman Davis (Jan. 25, 2006). 104 Jan. 6, 2006 Buikema Interview.

150 A FAILURE OF INITIATIVE

“FEMA pushed forward with everything it had in order to

help the states respond after landfall …Every single team,

every single program of FEMA, was pushed to its limit to

respond to Hurricane Katrina.”

Michael D. Brown

Former FEMA Director, Select Committee Hearing,

September 27, 2005

F E

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A FAILURE OF INITIATIVE 151

FEMA PREPAREDNESS

DHS and the states were not prepared for this catastrophic event

Summary

It is clear the federal government in general and the

Department of Homeland Security (DHS) in particular

were not prepared to respond to the catastrophic effects

of Hurricane Katrina. There is also evidence, however,

that in some respects, FEMA’s response was greater than

it has ever been, suggesting the truly catastrophic nature

of Hurricane Katrina overwhelmed a federal response

capability that under less catastrophic circumstances

would have succeeded.

Nevertheless, DHS’ actual and perceived weaknesses

in response to Katrina revived discussion of the value

of incorporation of FEMA into DHS. Many experts and

Members of Congress debated the policy and operational

ramifi cations of bringing FEMA into DHS during

consideration of the Homeland Security Act of 2002 (HSA).

The HSA transferred FEMA functions, personnel,

resources, and authorities to the DHS Emergency

Preparedness and Response (EP&R) Directorate. The

emergency management community has complained

since 2003 that FEMA was being systematically

dismantled, stripped of authority and resources, and

suffering from low morale, in part because of the

Department’s focus on terrorism. Others have said that

FEMA’s placement in DHS enabled the Secretary of

Homeland Security to augment FEMA’s resources

with other DHS personnel and assets, all within an

integrated command structure.

The cycle of emergency management begins with

preparedness and mitigation, fl ows into response,

and ends with recovery. The four cornerstones

to comprehensive emergency management

— preparedness, response, recovery, and mitigation

— are interdependent and all vital to successful

emergency management.

Preparedness encompasses those pre-disaster

activities that develop and maintain an ability to

respond rapidly and effectively to emergencies

and disasters. All levels of government need to be

prepared to respond to disasters. International Association

of Emergency Managers President Dewayne West

described preparedness as “what emergency managers

do every day in order to be able to respond.”1 Emergency

management offi cials at different levels of the government

expressed concerns that distancing preparedness efforts

from response, recovery, and mitigation operations could

result in an ineffective and uncoordinated response.2

Following Hurricane Katrina, emergency management

professionals in the Gulf coast region have questioned

whether DHS and state preparedness for catastrophic

events has declined over the past years due to

organizational changes within DHS and a shift in

programmatic priorities. In particular, the decline in

preparedness has been seen as a result of the separation

of the preparedness function from FEMA, the drain of

long-term professional staff along with their institutional

knowledge and expertise, and the diminished readiness of

FEMA’s national emergency response teams.

In the Gulf coast region, emergency managers expressed

the view that FEMA’s disaster response capabilities

had declined since its inclusion in DHS, in part due to

subsequent organizational changes within DHS and FEMA.

The emergency management community has suggested

that FEMA’s readiness for a large disaster has declined

despite extensive preparedness initiatives within the federal

government, pointing to the separation of preparedness

functions from response, recovery, and mitigation.

F E

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152 A FAILURE OF INITIATIVE

Additionally, the tremendous damage and scale of

Hurricane Katrina placed extraordinary demands on the

federal response system and exceeded the capabilities and

readiness of DHS and FEMA in a number of important

areas, particularly in the area of staffi ng. The response to

Hurricane Katrina required large numbers of qualifi ed

personnel at a time when FEMA’s professional ranks had

declined. FEMA response offi cials in both Mississippi

and Louisiana testifi ed that the department’s inability

to fi eld suffi cient numbers of qualifi ed personnel had a

major impact on federal response operations. In addition,

FEMA had lost, since 2002, a number of its top disaster

specialists, senior leaders, and experienced personnel,

described as “FEMA brain drain.” Many emergency

management professionals had predicted this ‘drain’

would have a negative impact on the federal government’s

ability to manage disasters of all types.

In addition, emergency management professionals

said the degraded readiness of FEMA’s national emergency

response teams reduced the effectiveness of the federal

response to Hurricane Katrina. The diminished readiness of

the national emergency response teams has been attributed

to a lack of funding for training exercises and equipment.

Emergency management professionals note the need for

trained people, who have experience working together with

their federal colleagues and state counterparts prior to a

disaster, as a part of national emergency response teams.

Emergency responders should not meet each other for the

fi rst time right before or after a major catastrophe. A decline

in the readiness of these teams along with appropriate

staffi ng added to an ineffective response.

Finding: While a majority of state and local preparedness grants are required to have a terrorism purpose, this does not preclude a dual use application

The “all hazard” versus “just terrorism” debate plays out in

the interpretation of permissible uses for homeland security

grant funding and efforts to make equipment purchases

and exercise scenarios fi t terrorism-related criteria while

still being of some general use in day-to-day emergency

response. For example, funding to exercise response

capabilities for WMD-related scenarios might be used to

test evacuation planning and other “all hazard” response

functions, with the WMD element little more than pretext.

This concern is evident at the local level. Alabama

conducts or participates in approximately 50 training

exercises each year ranging from “table top,” classroom-

like discussions to full scale exercises involving all

members of the emergency management community,

including federal, state, and local offi cials. According to

Alabama offi cials, federal DHS funding restrictions dictate

that almost all of these exercises involve a terrorism-based

threat or scenario, despite the fact that all emergencies

largely involve the same set of procedures — evacuations,

loss of power, communications diffi culties, need

for shelter, food, and water, and inter-governmental

coordination.3

State offi cials also

voiced a concern

that in the post-9/11

environment undue

emphasis is placed

on terrorism-based

hazards.4 Alabama’s

hazard risk profi le

includes terrorism,

but state emergency

management offi cials

believe natural

disasters pose a much

more likely, perhaps

inevitable, risk.5 Although lately, hurricanes have hit

the state with some regularity, Alabama is susceptible

to a wide variety of other natural disasters, including

earthquakes, tornadoes, fl oods, and droughts. With

nuclear facilities located within the state, Alabama

Emergency Management Agency (AEMA) offi cials are also

on alert for nuclear-related emergencies. Special plans

and precautions have also been funded to prepare for

risks posed by an Army chemical weapons storage and

incineration facility.6

According to Colonel Terry Ebbert, the Director of

Homeland Security & Public Safety for the City of New

Orleans, DHS’ all hazards focus is unsubstantiated.

[T]he Offi ce of Domestic Preparedness restricted

any use of grant funding for preparing,

equipping, training, and exercising to enhance

the preparedness of fi rst responders operating in

F E

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A FAILURE OF INITIATIVE 153

a potential WMD environment. Most allowable

expenditures under the UASI program remain

closely linked to the WMD threat to the exclusion

of many other forms of enhanced readiness.7

When Ebbert submitted a request to purchase a

number of inexpensive, fl at-bottomed, aluminum boats

to equip his fi re and police departments, with the intent

of having them available to rescue people trapped by

fl ooding, the request was denied. Ebbert concluded that

the rules on what is permitted and reimbursable are

unaltered while the newly stated focus on an “all hazards”

approach to preparedness remains “elusive.”8 Ebbert

recommended that “existing limitations imposed on the

availability of Federal preparedness funding should be

broadened.”9

DHS offi cials are particularly sensitive to the charge

that the agency has stopped state and local governments

from purchasing equipment not exclusively suited to

terrorism preparedness. Former Offi ce of Domestic

Preparedness (ODP) Director Suzanne Mencer stressed

the dual use capability of many grants: “The grants don’t

prohibit a city from buying equipment for use in a natural

disaster if it can also be used in a terrorist attack.”10

Mencer said some locals see the WMD wording and think

it prohibits items, such as radios, that could also be used

in a natural disaster: “They can still meet their needs in

almost all instances if they look at the broader picture and

not [just] the wording in the grant.”11 When asked about

state and local complaints in Alabama and elsewhere,

former director of ODP’s Preparedness Programs Division,

Tim Beres, noted that in fi scal 2004, grants paid for

more than $1 billion worth of dual-use equipment,

including $925 million for interoperable communications

equipment and $140 million in chemical protection

suits.12

DHS continues to develop and refi ne its guidelines

to states and localities, in accordance with Presidential

Directives, which require grants to be used in support of

catastrophic events regardless of their cause.13 Although

a July 2005 Government Accountability Offi ce (GAO)

report found many state preparedness offi cials and local

fi rst responders believed DHS planners focused excessively

on anti-terrorism criteria in their grant, training, and

exercise programs, the auditors concluded that 30 of

the 36 essential capabilities fi rst responders need to

fulfi ll the critical tasks generated by the department’s

15 catastrophic emergency planning scenarios would

apply to both terrorist and non-terrorist incidents.14 The

GAO auditors concluded that DHS planning supported

an all hazards approach.15 Indeed, according to GAO

auditors, in response to state and local complaints that

DHS required too much emphasis on terrorism-related

activities, DHS increasingly promoted fl exibility to allow

greater dual usage within the grant program requirements

for fi scal year 2005.

DHS’ growing dual use fl exibility is refl ected in its most

recent grant guidelines. Specifi cally, the FY2006 guidance

points out the numerous dual-use target capabilities

(identifi ed in the National Preparedness Goal) to be

attained through DHS grant funding.16 The guidance

further states:

[f]unding remains primarily focused on enhancing

capabilities to prevent, protect against, respond

to, or recover from CBRNE [Chemical, Biological,

Radiological, Nuclear and Conventional Explosives],

agriculture, and cyber terrorism incidents. However,

in light of several major new national planning

priorities, which address such issues as pandemic

infl uenza and the aftermath of Hurricane Katrina,

the allowable scope of SHSP [State Homeland

Security Program] activities include catastrophic

events, provided that these activities also build

capabilities that relate to terrorism.17

Finding: Despite extensive preparedness initiatives, DHS was not prepared to respond to the catastrophic effects of Hurricane Katrina

As a result of various changes within DHS and FEMA, the

emergency management community suggested FEMA’s

preparedness and readiness for a large disaster would

decline despite extensive preparedness initiatives within

the federal government. For example, during an April

2005 House Subcommittee hearing on DHS preparedness

efforts, Dave Liebersbach, then President of the National

Emergency Management Association (NEMA), expressed

154 A FAILURE OF INITIATIVE

his fear that DHS’ de-emphasis of hazards other than

terrorism would result in FEMA’s inability to respond to a

major disaster:18

My concern is we are not going to be able to

maintain [capabilities]. I honestly believe . . .

that if the hurricane scenario of September 2004

that occurred in the Southeastern U.S., [happens]

fi ve years from now, we will fail the way we are

going, because the success of that response, of

that hurricane season, was based on the programs

that had come before . . . . As we are moving

forward, that legacy is going to drop if we don’t pay

attention to dealing with that.19

Similar issues were raised during the establishment of

the department by various fi rst responder professional

associations and think tanks, Members of Congress from

both political parties, the Government Accountability

Offi ce, and the Congressional Research Service.20

One of the

primary reasons for

creating FEMA in

1979 was to closely

link preparedness,

response, and mitigation

within one organization.21 During consideration of the

Homeland Security Act in 2002, the President proposed

that all terrorism preparedness functions be consolidated

into FEMA’s Offi ce of National Preparedness and be

managed within the Emergency Preparedness and

Response Directorate (EP&R) of the proposed department.

The intention was to provide a one-stop shop for state

and local governments and achieve a unifi ed approach

to disaster response. Instead Congress opted to split

preparedness functions between the Offi ce of Domestic

Preparedness (ODP), which was to be transferred

to DHS from the Justice Department, and EP&R (or

FEMA).22 The goal was to place terrorism preparedness

in an organization, ODP, with a strong law enforcement

background and relationship with that community.

In late 2003, the debate over the need for a one-stop

shop for fi rst responder grants and to unite preparedness

with the other functions of comprehensive emergency

management continued. When DHS Secretary Tom Ridge

proposed to transfer most state and local grant programs

to ODP, the emergency management community again

cautioned the capabilities of state and local governments

and FEMA to respond to all disasters would suffer.23

Ridge and his aides “believed FEMA should be a response

and recovery agency, not a preparedness agency. In an

age of terrorism, they argued, preparedness needed a law

enforcement component, to prevent and protect as well as

get ready to respond.”24

The proposal prompted then FEMA Director

Michael Brown to urge Ridge not to further distance

preparedness from response as it “can result in an

ineffective and uncoordinated response . . . [would]

shatter agency morale and would completely disconnect

the Department’s response functions from the responders

and governments they are supposed to support.”25 Brown

was overruled and the programs were transferred to ODP,

which was then incorporated into the newly created

Offi ce of State and Local Government Coordination and

Preparedness (SLGCP).

The controversy over how to manage disaster

preparedness increased with incoming Secretary Michael

Chertoff’s Second Stage Review. Chertoff argued the

federal government’s preparedness efforts needed to

be enhanced, particularly for catastrophic disasters,

and that could be best achieved by consolidating

the department’s preparedness functions into a new

Preparedness Directorate. In a letter opposing the move,

NEMA criticized the department’s “total lack of focus on

natural-hazards preparedness” and argued that separating

preparedness from response and recovery would

break emergency management’s cycle of continuous

improvement and result in disjointed and ineffective

response operations.26

While Brown agreed with the need to increase

catastrophic planning (FEMA had originally proposed

the catastrophic preparedness program that funded the

Hurricane Pam process), he strongly disagreed with

Chertoff’s recommended solution of removing FEMA’s

remaining preparedness functions and transferring them

to ODP, which would then be elevated to a Preparedness

Directorate. Instead, Brown drafted a 13-page memo to

Chertoff urging the consolidation of all preparedness

functions into the Emergency Preparedness & Response

Directorate, as originally proposed by President Bush, in

order to “ensure that capabilities and procedures trained

will be identical to the capabilities and procedures

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actually applied during a real event.”27 As Brown

described it, “These recent organizational changes [the

transfer of several FEMA preparedness programs to

ODP in Secretary Tom Ridge’s reorganization plan of

September 2003] have divided what was intended to be

one, all-hazards preparedness mission into two artifi cially

separate preparedness categories of terrorism and natural

disasters.”28

Some experts do, however, endorse the consolidation

of preparedness efforts. Last December, the Center for

Strategic and International Studies and the Heritage

Foundation released a joint study called “DHS 2.0,” in

which the authors suggested adding a new undersecretary

for preparedness with direct access to the secretary.29 Such

a move, they said, would speed preparedness decisions

past layers of bureaucracy. And in a September 1, 2005

Washington Post article, at the height of the Katrina

response effort, Paul C. Light, an authority on government

operations at New York University, also endorsed

Chertoff’s proposed reforms.30

In a December 7, 2005 report entitled “The Truth

About FEMA: Analysis and Proposals,” Heritage

Foundation homeland security expert James Carafano

and the Hudson Institute’s Richard Weitz argued that

Chertoff’s proposed reorganization would address many

of the shortfalls created by placing FEMA within DHS.31 At

the same time, they said it would preserve the advantages

of having most major federal disaster-related preparedness

and response activities, for both man-made and natural

disasters, concentrated in one department.32 The authors

pointed out that in the event of large-scale disasters, FEMA

could be reinforced by other assets from within DHS.”33

In testimony before the Select Committee, Chertoff

explained his rationale for integrating the Department’s

existing preparedness efforts in to a single directorate for

Preparedness:

Preparedness is not just about response and

recovery — rather, it must draw on the full

spectrum — from prevention through protection to

response. Our preparedness directorate will rely on

the expertise of FEMA, but it will also integrate the

experience of the Coast Guard, our Infrastructure

Protection division, our intelligence units, and our

other operational assets . . . FEMA will become a

direct report to the Secretary, allowing it to focus

on response and recovery while partnering with

the new preparedness directorate to increase our

overall capabilities . . . FEMA must also continue

to function as an all-hazards agency, leveraging

entities within the preparedness directorate,

including Infrastructure Protection, the Offi ce

of Domestic Preparedness, and State and Local

Government Coordination.34

Although many in the emergency management

community opposed Chertoff’s preparedness

consolidation, many fi rst responder groups support

it. For example, in a press release issued immediately

following the release of Chertoff’s Second Stage Review,

the International Association of Fire Chiefs applauded

the proposal, particularly the creation of a Preparedness

Directorate.35

Finding: DHS and FEMA lacked adequate trained and experienced staff for the Katrina response

Brown’s memorandum also identifi ed budget cuts

and organizational changes he believed were harming

FEMA’s ability to perform its statutory responsibility of

leading the federal government’s response to all disasters,

including terrorist attacks. For example, Brown claimed

“These recent organizational changes have divided what was intended to be one,

all-hazards preparedness mission into two artifi cially separate preparedness categories of terrorism and natural disasters.”

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FEMA’s operational budget baseline (for non-Stafford Act

disaster funding) had been permanently reduced by 14.8

percent since joining DHS in 2003. In addition to the

permanent baseline reduction, he claimed FEMA lost $80

million and $90 million in fi scal years 2003 and 2004

respectively from its operating budget.36 Brown argued

these budget reductions were preventing FEMA offi cials

from maintaining adequate levels of trained and ready

staff.

Brown also said FEMA no longer managed numerous

functions that were essential to meeting its statutory

responsibilities, and therefore did not have the tools to

successfully accomplish its mission. For example, the

National Response Plan is a fundamental element of

coordinating the federal government’s response to disasters.

Given FEMA’s response mission, the Homeland Security

Act of 2002 specifi cally assigned FEMA responsibility for

“consolidating existing Federal Government emergency

response plans into a single, coordinated national response

plan.”37 However, instead of assigning this function to the

organization responsible for executing the plan during a

disaster (i.e. FEMA), the department initially assigned it

to the Transportation Security Administration, which then

relied on an outside contractor.

When some in the fi rst responder community reacted

negatively to the contractor’s draft plan, the department

transferred the NRP’s development to another area of the

department, the Integration Staff within the Secretary’s

offi ce. The resulting plan made a number of departures

from the existing Federal Response Plan, including the

introduction of the Incident of National Signifi cance

(INS), the Principal Federal Offi cial (PFO), the Interagency

Incident Management Group (IIMG), the Homeland

Security Operations Center (HSOC), and the Catastrophic

Incident Annex (NRP-CIA).38 The emergency management

community expressed concerns about each of these newly

created structures, which ultimately proved problematic or

experienced diffi culties achieving their intended purposes

during the response to Hurricane Katrina.

Brown also identifi ed what he believed were the most

important goals for achieving FEMA’s mission of leading

the federal government’s response to disasters. Several

of the issues he identifi ed for improvement proved to

be critical problem areas in the Katrina response. The

requirements he identifi ed in March 2005 included the

following:39

1. Improve logistics capability and asset visibility.

2. Implement a comprehensive and integrated multi-year

catastrophic planning strategy.40

3. Establish a National Incident Management System

Integration Center to improve command and control

capabilities at the federal, state, and local levels.

4. Recruit, train, credential, deploy and retain a disaster

workforce with the appropriate skill mix and

management structure to support the operational

requirements of all disaster related functions.

5. Ensure appropriate numbers, skills, and grades of

employees to support current and long-term mission

needs.

Senior DHS and Offi ce of Management and Budget

offi cials vigorously dispute the claim that FEMA’s budget

has been cut at all. They argue that any transfers from

the FEMA budget refl ect the transfer of functions carried

out by DHS for FEMA, start up costs of the Department,

and the use of unobligated funds. According to Andrew

Maner, Chief Financial Offi cer for DHS, the core of the

budget adjustments cannot be classifi ed as permanent

reductions to FEMA’s base budget, as Brown claims.41 For

example, Maner said the transfer of $30.6 million was a

transfer of unobligated balances from the 2002 Olympic

Games to help fund the start-up of the new Department.

The transfer of such unobligated balances was authorized

by Congress in H.J. Res. 124, which became law on

November 23, 2002 (P.L. 107-294), to pay for “the

salaries and expenses associated with the initiation of

the Department.”42 Also, Maner noted the $28 million

transfer to ODP refl ects efforts to complete the transfer

of funds accompanying former FEMA functions that have

been assumed by other DHS entities.43

Regardless of the impact, if any, of these budget

adjustments on FEMA capabilities, the tremendous

damage and scale of Hurricane Katrina placed

extraordinary demands on the federal response system

and exceeded the capabilities and readiness of DHS

and FEMA in a number of important areas, including

staffi ng. Hurricane Katrina consisted of three separate

major disaster declarations, three separate statewide

fi eld operations, two directly-affected FEMA regional

operations, and the full activation of national level

resources such as the National Response Coordination

Center (NRCC), the HSOC, and the IIMG. In addition,

most FEMA regional offi ces were actively supporting

A FAILURE OF INITIATIVE 157

Katrina operations or assisting their regions receive Gulf

Coast evacuees. These operations required large numbers

of qualifi ed personnel from what had become a relatively

small agency of approximately 2,500 positions.

FEMA response offi cials in both Mississippi and

Louisiana testifi ed that the department’s inability to fi eld

suffi cient numbers of qualifi ed personnel had a major

impact on federal response operations.44 The Federal

Coordinating Offi cer (FCO) in Mississippi, Bill Carwile,

described how managing the personnel shortfall was

perhaps his most diffi cult challenge. While he was able

to deploy division supervisors to the coastal counties, he

needed similar qualifi ed employees for the devastated

cities of Gulfport, Biloxi, and Pascagoula. Ultimately,

FEMA offi cials turned to federal agencies like the U.S.

Forest Service and city fi refi ghters from across the country

to staff FEMA positions in the state.

Despite those measures, Carwile stated, “We never had

suffi cient personnel to meet requirements.”45 According

to Scott Wells, Deputy FCO for Louisiana, a 90-person

FEMA regional offi ce “is woefully inadequate” to perform

its two primary disaster functions, operating a regional

response coordination center and deploying people to

staff emergency response teams in the fi eld.46 “You cannot

do both. Pick one,” he said.47 Wells added, “We had

enough staff for our advance team to do maybe half of

what we needed to do for a day shift….We did not have

the people. We did not have the expertise. We did not have

the operational training folks that we needed to do our

mission.”48

In addition to having an inadequate number of

qualifi ed personnel, FEMA had lost a number of its top

disaster specialists, senior leaders, and most experienced

personnel. Both critics and supporters of FEMA’s merger

with DHS have acknowledged “FEMA brain drain”

in recent years and its negative impact on the federal

government’s ability to manage disasters of all types.49

Since 2003, for example, the three directors of FEMA’s

preparedness, response, and recovery divisions had left the

agency, and departures and retirements thinned FEMA’s

ranks of experienced professionals. At the time Hurricane

Katrina struck, FEMA had about 500 vacancies and eight

out of its ten regional directors were working in an acting

capacity.50

At least two factors account for FEMA’s loss of seasoned

veterans. First, like other government agencies, many of

FEMA’s long-term professionals are reaching retirement

age.51 And second, job satisfaction was second to last in

2005, according to the Partnership for Public Service,

a nonprofi t group that promotes careers in federal

government.52 Regardless of the reasons for the exodus,

Brown and senior DHS offi cials were unable to maintain

their ranks of disaster professionals, through employee

retention, development, or recruitment, and this failure

hindered the response to Hurricane Katrina.53

The disastrous effect of this manpower shortage was

compounded in Hurricane Katrina by the diffi culty of

getting federal workers where they needed to be because

of security concerns. In Louisiana, media reports and

rumors of violence and general lawlessness delayed the

deployment and placement of federal response workers.

The Governor’s Chief of Staff Andy Kopplin said there

were approximately 1,000 FEMA employees deployed and

on their way to New Orleans Wednesday, August 31, 2005,

many of whom turned back due to security concerns.54

Ultimately, FEMA offi cials turned to federal agencies like the U.S. Forest Service and city fi refi ghters from across the country to staff FEMA positions in the state.

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Finding: The readiness of FEMA’s National Emergency response teams was inadequate and reduced the effectiveness of the federal response

One of the most critical links in the federal response

system is the team of FEMA personnel that deploys to a

disaster site to establish a unifi ed command with state

offi cials and directs federal operations. These national

emergency response teams are the conduits through which

federal disaster assistance is requested by and delivered

to a state. They are intended to be on call and deploy at a

moment’s notice, since many disasters provide no advance

warning. In prior years, according to Carwile, “We were

then able to build a team to about 125 individuals, hand

picked, from around the country, and we were able to

routinely exercise that team because we had the funding

in place to do so on the plan, against several scenarios.”55

The team had a robust operational plan, was sent to the

Winter Olympics in Salt Lake City, and received dedicated

satellite communications equipment. It appeared to

be a well-equipped, well-trained team at a high state of

readiness.56

Carwile testifi ed that by 2004, the readiness of FEMA’s

emergency response teams had plummeted dramatically.57

Funding for the teams dried up after 2002. They lost their

dedicated communications equipment. Teams were split

up into ever smaller units. Team training and exercises

ceased.

In a June 30, 2004 memorandum, FEMA’s top disaster

response operators, the cadre of Federal Coordinating

Offi cers, warned then FEMA Director Brown that the

national emergency response teams were unprepared

because no funding was available for training exercises

or equipment.58 In a few short years, FEMA’s emergency

response teams had been reduced to names on a roster.

It appears no actions were taken to address the problems

identifi ed in the memorandum.

Asked whether or not implementing the

recommendations would have made a difference in

Katrina, Carwile responded, “I felt very fortunate because

many of my colleagues with me in Mississippi had been

with me on a national team in years past. It was kind of

coincidental . . . but I can’t help but believe that trained

and ready teams, people who have worked together,

would not have made some difference in a positive

way.”59 Wells described the situation in Louisiana in

this way: “We need to really train together as a team.

We need to work as a team. What you have with this

National Response Plan in the fi eld is we have no unity of

command.”60

The requirement for trained people, who have

experience working together with their federal colleagues

and their state counterparts, is a constant theme of federal,

state, and local emergency professionals. Numerous

offi cials and operators, from state and FEMA directors to

local emergency managers told the same story: if members

of the state and federal emergency response teams are

meeting one another for the fi rst time at the operations

center, then you should not expect a well-coordinated

response.61

Conclusion

For years emergency management professionals have

been warning that FEMA’s preparedness has eroded. Many

believe this erosion is a result of the separation of the

preparedness function from FEMA, the drain of long-term

professional staff along with their institutional knowledge

and expertise, and the inadequate readiness of FEMA’s

national emergency response teams. The combination

of these staffi ng, training, and organizational structures

made FEMA’s inadequate performance in the face of a

disaster the size of Katrina all but inevitable. ■

A FAILURE OF INITIATIVE 159

1 International Ass’n of Emergency Managers, Press Release: IAEM Announces Recommendations for Improved Emergency Response, (Oct. 25, 2005) (on fi le with Select Comm.).

2 Hearing on The National Preparedness System: What are we preparing for? Before the House Comm. on Transportation and Infrastructure, Subcommittee on Economic Development, Public Buildings, and Emergency Management, 109th Cong. (Apr. 14, 2005) at 61-62 (statement of Dave Liebersbach, Pres., Nat’l Emergency Mgmt. Assoc.) [hereinafter Apr. 14 Preparing Hearing]; Memorandum from Michael Brown, Dir., FEMA to Michael Chertoff, Sec’y, Dept. of Homeland Sec. (March 2005) [hereinafter March 2005 Brown Memo]; Interview by Select Comm. Staff with Ed Buikema, Dir., Response Div., FEMA, in Wash., D.C. (Jan. 6, 2006).

3 Hearing on Hurricane Katrina: Preparedness and Response by the State of Alabama Before Select Comm., 109th Cong. (Nov. 9, 2005) at 75 (statement of Bruce Baughman, Dir., Ala. State Emergency Mgmt. Agency) [hereinafter Nov. 9, 2005, Select Comm. Hearing].

4 Interview by Select Comm. Staff with senior AL emergency management offi cials, in Clanton, AL (Oct. 11, 2005). 5 Id. 6 Nov. 9, 2005 Select Comm. Hearing at 75 (statement of Bruce Baughman, Dir., Ala. State Emergency Mgmt. Agency). 7 Hearing on Hurricane Katrina: Preparedness and Response by the State of Louisiana Before Select Comm., 109th Cong. (Dec. 14, 2005) at 174

(written statement of Col. (Ret.) Terry Ebbert, Dir., Homeland Sec. for New Orleans) [hereinafter statement of Terry Ebbert] [hereinafter Dec. 14, 2005 Select Comm. Hearing].

8 Dec. 14, 2005 Select Comm. Hearing at 174 (statement of Terry Ebbert). 9 Id. at 174-75 (statement of Terry Ebbert). 10 Shane Harris, Federal Emphasis on Terrorist Threat Frustrates Local Disaster Response Offi cials, NAT’L JOURNAL, Oct. 20, 2005 at 4 available at

http://www.govexec.com/dailyfed/1005/102005nj1.htm (last visited Jan. 26, 2006). 11 Id. 12 Id. 13 Directive on Management of Domestic Incidents, 39 WEEKLY COMP. PRES. DOC. 10 280 (Feb. 28, 2003) (Known as Homeland Security

Presidential Directive/HSPD-5); Directive on Management of National Preparedness, 39 WEEKLY COMP. PRES. DOC. 1822 (Dec. 17, 2003) (Known as Homeland Security Presidential Directive/HSPD-8).

14 Government Accountability Offi ce [hereinafter GAO], Pub. No. GAO-05-652, Homeland Security: DHS’ Efforts to Enhance First Responders’ All Hazards Capabilities Continue to Evolve (July 2005) 26-30.

15 Id. at 39-41. 16 Dep’t of Homeland Sec., FY 2006 Homeland Security Grant Program: Program Guidance and Application Kit, (Dec. 2005). Those capabilities

include planning, community preparedness and participation, communications, critical infrastructure protection, on-site incident management, citizen protection: evacuation and in-place protection, emergency operations center management, critical resource logistics and distribution, urban search and rescue, volunteer management, emergency public information and warning, responder safety and health, triage and pre-hospital treatment, public safety and security response, medical surge; medical supplies management and distribution, environmental health, mass prophylaxis, mass care, fi refi ghting operations and support, hazardous material response, structural damage assessment and mitigation, economic and community recovery, restoration of lifelines. Id.

17 Id. 18 Apr. 14 Preparing Hearing at 90 (statement of Dave Liebersbach, Pres., Nat’l Emergency Mgmt. Ass’n). 19 Id. 20 GAO, GAO-03-119, High-Risk Series: An Update (Jan. 2003); Congressional Research Service [hereinafter CRS], Rep. No. 31670, Transfer of FEMA

to the Department of Homeland Security: Issues for Congressional Oversight [hereinafter CRS Rep. No. 31670] at 5 (Dec. 17, 2002). 21 Exec. Order No. 12127, 3 C.F.R. 1979 (1979); Exec. Order No 12,148, 44 Fed. Reg. 43239 (1979). 22 CRS Rep. No. 31670 at 5 (2002). 23 March 2005 Brown Memo; Letter from Michael Brown, Dir., FEMA to Tom Ridge, Sec’y, Dep’t of Homeland Sec. (Sept. 15, 2003); National

Emergency Mgmt Ass’n, Priority Congressional Issues: 2004 Mid Year Conference, (Feb. 10-13, 2004). 24 Spencer S. Hsu and Julie Tate, Brown’s Turf Wars Sapped FEMA’s Strength, WASH. POST., Dec. 22, 2005. 25 Letter from Michael Brown, Dir., FEMA to Tom Ridge, Sec’y, Dep’t of Homeland Sec. (Sept. 15, 2003). 26 Letter from David Liebersbach, Pres., Nat’l Emergency Mgmt. Ass’n to Honorable Don Young and Honorable James Oberstar (July 27, 2005). 27 March 2005 Brown Memo. 28 March 2005 Brown Memo. 29 James J. Carafano and David Heyman, THE HERITAGE FOUND, DHS 2.0: Rethinking the Dep’t of Homeland Sec., Dec. 13, 2004 at 14. 30 Paul C. Light, Katrina’s Lesson in Readiness, WASH. POST, Sept. 1, 2005 at A29. 31 James Carafano, Ph.D., and Richard Weitz, Ph.D., THE HERITAGE FOUND, The Truth About FEMA: Analysis and Proposals, Dec. 7, 2005. 32 Id. 33 Id. 34 Hearing on Hurricane Katrina: The Role of the Department of Homeland Security Before Select Comm., 109th Cong. (Oct. 19, 2005) at 4-5 (written

statement of Michael Chertoff, Sec’y, Dep’t of Homeland Sec.). 35 Press Release, Int’l Assoc. of Fire Chiefs, Secretary Chertoff Announces Reorganization, Plans for DHS (Aug. 1, 2005) (on fi le with Select Comm.). 36 March 2005 Brown Memo. 37 Homeland Sec. Act of 2002, Pub. L. No 107-296, 116 Stat. 2135 (2002). 38 U.S. Dep’t of Homeland Sec., Nat’l Response Plan (Dec. 2004). 39 March 2005 Brown Memo. 40 Briefi ng for Select Comm. Staff with Madhu Beriwal, Pres., Innovative Emergency Mgmt., in Wash., D.C. (Jan. 6, 2006) (discussing how

funding for FEMA staff to participate in subsequent Hurricane Pam implementation workshops had been cut). 41 Briefi ng for Select Comm. Staff with Andrew Maner, Chief Fin. Offi cer, Dep’t of Homeland Sec., in Wash., D.C. (Jan. 18, 2006) [hereinafter

Briefi ng with Andrew Maner].

160 A FAILURE OF INITIATIVE

42 Briefi ng with Andrew Maner; FEMA, Reductions to FEMA Base, FY 2003-2005 (Jan. 18, 2006) (on fi le with Select Comm.). 43 According to OMB data, a total of 448 employees (full-time equivalents, or FTEs) were transferred from FEMA to various DHS offi ces in 2003:

• 42 FTEs were transferred from FEMA’s salaries and expenses budget account to DHS’s Departmental Operations account; • 206 FTEs were transferred from FEMA’s Working Capital Fund to DHS’s Working Capital Fund; and • 200 FTEs were transferred from FEMA’s Offi ce of Inspector General to DHS’s Offi ce of Inspector General. (GAO, GAO-04-329R, Transfer of

Budgetary Resources to the Dep’t of Homeland Sec. (DHS) at 22 (Apr. 30, 2004) (on fi le with Select. Comm)). And since the establishment of the Department, the following programs have been transferred from FEMA to other Departmental entities

(OMB, Funding Chart (Oct. 4, 2005) (on fi le with Select Comm.): • Emergency Management Performance Grants • National Strategic Stockpile • Citizen Corps • Other grants for emergency management • Inspector General • FIRE Act Grants • First Responder Grants • Metropolitan Medical Response System grants

Moreover, according to information provided to the Select Comm. by DHS, the funding transfers that Brown referenced in his testimony Before the Select Comm. break down as follows (Briefi ng with Andrew Maner; FEMA, Reductions to FEMA Base, FY 2003-2005 (Jan. 18, 2006) (on fi le with Select Comm.)):

FY 2003 – • Unobligated balances from FY 2002 – $30.6 million (Id.) (DHS start-up costs) • FY 2003 appropriations – $12 million (DHS start-up costs) (Of the $12 million in FY 2003 appropriations, $10 million had been allocated

for Salaries and Expenses for preparedness functions and $2 million had been allocated for the programs of another management account – Emergency Management Planning and Assistance.)

• Transfer of Offi ce for National Preparedness functions to Offi ce of Domestic Preparedness/Bureau of Transportation Security - $10.6 million • Transfer to the Transportation Security Administration to fund a shortfall from the Liberty Shield Supplemental – $5.5 million • Transfer to the DHS Offi ce of Inspector General for audits and investigations of the Disaster Relief Fund – $21.4 million FY 2004 – • FEMA share of DHS e-government initiatives (mostly to maintain DisasterHelp.gov website) – $2.6 million • FEMA share of other DHS central services – $2.8 million • Transfer to Inspector General for audits and investigations of the Disaster Relief Fund – $22 million • National preparedness functions transferred to ODP – $28 million • General reduction to base funding for Departmental management – $34 million FY 2005 – • Reduction for management cost savings realized from effi ciencies attributable to the creation of DHS – $11.7 million • $18,501 million for Working Capital Fund

44 Hearing on Hurricane Katrina Response and Initial Recovery Operations: Mississippi Before Select Comm., 109th Cong. (Dec. 7, 2005) at 7 (written statement of William Carwile, former FEMA Fed. Coordinating Offi cer, State of Miss.) [hereinafter Dec. 7, 2005 Select Comm. Hearing]; Hearing on Hurricane Katrina: Perspectives of FEMA’s Operational Professionals Before the Senate Committee on Homeland Security and Governmental Affairs, 109th Cong. (Dec. 8, 2005) at 57-58 (statement of Scott Wells, Deputy, FEMA Fed. Coordinating Offi cer, State of LA) [hereinafter Perspectives of FEMA Hearing].

45 Dec. 7, 2005 Select Comm. Hearing at 7 (written statement of William Carwile, former FEMA Fed. Coordinating Offi cer, State of Miss.). 46 Perspectives of FEMA Hearing at 57 (statement of Scott Wells, Deputy, FEMA Fed. Coordinating Offi cer, State of LA) [hereinafter statement of

Scott Wells]. 47 Id. 48 Id. at 57-58. 49 Spencer Hsu, Leaders Lacking Disaster Experience, WASH. POST, Sept. 9, 2005 at A1. 50 Interview by Select Comm. Staff with William Lokey, FEMA Fed. Coordinating Offi cer in Wash., D.C. (Jan. 26, 2006); FEMA Regions I, II, III,

IV, V, VI, VIII, and IX with Acting Directors; See, e.g., Region VIII Acting Director, available at http://www.fema.gov/about/bios/maurstad.shtm (last visited Jan. 30, 2006).

51 Justin Rood, FEMA’s Decline: An Agency’s Slow Slide From Grace, GOVERNMENT EXECUTIVE (Oct.1, 2005). 52 www.ourpublicservice.org/usr_doc/2003-rankings.pdf (last visited Jan. 28, 2006). 53 Id. 54 Interview by Select Comm. Staff with Andy Kopplin, Chief of Staff, Offi ce of the Governor of LA, in New Orleans, LA (Nov. 6, 2005). 55 Perspectives of FEMA Hearing at 60 (statement of William Carwile, former FEMA Fed. Coordinating Offi cer, State of Miss.) [hereinafter

statement of William Carwile]. 56 Id. at 60. 57 Id. at 65-68. 58 Id. at 59 (statement of Senator Joseph Lieberman). 59 Id.. at 67 (statement of William Carwile). 60 Id. at 58 (statement of Scott Wells). 61 See id. at 67 (statement of William Carwile).

A FAILURE OF INITIATIVE 161

162 A FAILURE OF INITIATIVE

“The sheer force of Hurricane Katrina disabled many of the communications systems

that state and local authorities and fi rst responders rely upon to communicate with each

other and with FEMA. This was not an issue of interoperability, but of basic operability,

resulting from wind, fl ooding, loss of power, and other damage to infrastructure.”

Michael Chertoff

Secretary, U.S. Department of Homeland Security

Select Committee Hearing, October 19, 2005

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COMMUNICATIONS

Massive communications damage and a failure to adequately plan for alternatives impaired response efforts, command and control, and situational awareness

Summary

Massive inoperability—failed, destroyed, or

incompatible communications systems—was the

biggest communications problem in the response to

Katrina. It was predicted and planned for by some, while

others experienced problems with their operations or

were caught relatively unprepared. The loss of power

and the failure of multiple levels of government to

take the initiative to adequately prepare for its effect

on communications hindered the response effort by

compromising situational awareness and command

and control operations, particularly in New Orleans and

along the Mississippi Gulf coast. The Federal Emergency

Management Agency (FEMA) could have pre-positioned

mobile communications in New Orleans but did not

because it believed that it should fi rst be asked to do so by

local authorities. In turn, poor situational awareness, and

its resulting effect on command and control, contributed

to the negative effects of inaccurate or unsubstantiated

media reports because public offi cials lacked the facts to

address what the media reported. To deal with the loss of

power, some state and local governments had redundant

communications and other means to communicate, such

as satellite phones, which were invaluable. But they also

experienced certain problems due to technical diffi culties,

high winds, and exceptionally high demand that at times

overtaxed their capacity.

Where communications were operable or soon

were restored, long debated and unresolved issues

with interoperability among federal, state, and local

communications systems complicated the efforts of fi rst

responders and government offi cials to work together in

managing the response to Katrina. In recent years, local

and state governments in each of the affected states have

received several million dollars in federal funding to

address communication interoperability issues. Despite

claims of an “austere fi scal environment,”1 at each level

of government, internal debate, parochial interests,

and a general lack of prioritization and coordination

between affected jurisdictions regarding the formation

and implementation of interoperable communications

policies and plans severely hindered the rescue, response,

and recovery efforts at all levels of government.

Finding: Massive inoperability had the biggest effect on communications, limiting command and control, situational awareness, and federal, state, and local offi cials’ ability to address unsubstantiated and inaccurate media reports

Massive inoperability was the biggest communications

problem in the response to Katrina. By all accounts,

destruction to regional communications companies’

facilities and the power systems on which they depend

was extraordinary. For example:

■ More than three million customer telephone lines

were knocked down in Louisiana, Mississippi, and

Alabama.2 As of September 28, 2005, over 260,000

customer lines remained out of service, including

238,000 in Louisiana and 22,000 in Mississippi.

A downed communications tower, Plaquemines Parish, LA.

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164 A FAILURE OF INITIATIVE

■ The entire communications infrastructure on the

Mississippi Gulf coast was destroyed.

■ Signifi cant damage was infl icted both on the wire line

switching centers that route calls and on the lines used

to connect buildings and customers to the network.

■ Thirty-eight 911 call centers went down. Thirty days after

landfall, two call centers in Louisiana remained out of

service.

■ Two telephone company switches in New Orleans

responsible for routing 911 calls for the surrounding

parishes were knocked out by fl ooding, resulting in one

of the most signifi cant losses of capacity in and around

New Orleans.

■ Local wireless networks also sustained considerable

damage, with up to 2,000 cell sites out of service.3

A month after landfall, approximately 820 cell sites

remained out of service, the majority within New

Orleans and other areas of Louisiana.4

■ Over 20 million telephone calls did not go through the

day after the hurricane.

■ 37 of 41 broadcast radio stations in New Orleans and

surrounding areas were knocked off the air (2 AM and

2 FM stations continued to broadcast).

After surviving Hurricane Katrina’s initial blow, the

radio communications system for the New Orleans police

and fi re departments dissolved as its radio towers lost

their backup power generators in the ensuing fl ood.5

The New Orleans Police Department’s communications

system failed and was inoperative for three days following

the hurricane. At one point, hundreds of New Orleans

fi rst responders were trying to communicate on only

two radio channels on a backup system, forcing them

to wait for an opening in the communications traffi c

to transmit or receive critical information. The New

Orleans Police Department headquarters, and six of the

eight police districts’ buildings were out of commission

due to fl ooding, limiting (or precluding) their ability to

establish command and control by performing basic law

enforcement functions because their communications

were destroyed.

The Louisiana State Police reported the devastation

caused by the storm “severely hampered the ability of

emergency responders operating on the state system to

communicate with other emergency services personnel.”

The State Police currently operate a statewide analog

wireless communications system originally installed for

voice communications and last upgraded in 1996. It is used

by about 70 agencies with a total of over 10,000 subscribers.

Its infrastructure consists of 46 tower sites and 28 dispatch

consoles. In a report issued December 7, 2005, the State

Police reported, in addition to the effect it had on the state’s

system, storm damage to communications systems the local

governments maintained was “severe and debilitating,”

further restricting communications between emergency

responders. The equipment at its 46 towers depends on

electricity and, when that was lost, keeping them running

was nearly impossible once it became necessary to refuel

the generators operating them because debris and fl ood

waters hampered their refueling efforts.6

Mississippi experienced problems similar to the other

affected Gulf states. Most of its state and fi rst responder

communications capabilities were inoperable during

and in the immediate aftermath of the storm, forcing

the various responders to rely on satellite phones and

radios (which experienced their own problems due to

wind damage and interference). According to Mississippi

Emergency Management Agency (MEMA) Director Robert

Latham, the entire communications infrastructure of the

state’s Gulf coast was destroyed by Hurricane Katrina,

systems elsewhere across the state were inoperable,

and those systems that were working were overloaded,

resulting in delays processing local governments’ requests

for assistance. As a result, often the only communications

capability present in Mississippi — for both MEMA as

well as the affected counties — was through satellite

phones and radios, which operate by connecting to

satellites rather than routing calls through land-line or

cellular towers.7 FEMA, for its part, deployed a Mobile

Six of the eight police districts’ buildings were out of commission due to fl ooding, limiting (or precluding) their ability to establish command and control by performing basic law enforcement functions because their communications were destroyed.

A FAILURE OF INITIATIVE 165

Emergency Response Support detachment (MERS)8 to the

state Emergency Operations Center (EOC) in Jackson,

Mississippi, to provide satellite communications systems

for its operations in the Gulf coast counties. However,

despite the presence of MERS and hand-held satellite

phones in all of the affected counties’ EOCs, the Federal

Coordinating Offi cer for Mississippi, Bill Carwile, testifi ed

that communications capabilities were far short of what

was needed to be effective.9

The majority of site problems were due to lack of

power. Some sites had T-1 (high speed data) telephone

land-line problems, but the design of the system generally

allows access to more than one site in the area, so the

radio/telephone calls were routed from the secondary

tower site. This created some delays in accessing the

system, but was not a critical factor. Cellular telephone

service was generally available throughout Alabama’s

affected areas, but several tower sites were overloaded or

not fully operational after Katrina made landfall. This was

not a major problem because the Alabama Emergency

Management Agency (AEMA) does not consider cellular

telephone service a primary source of communications

during emergency response. Instead, AEMA has a cache

of pre-programmed Southern LINC radios that are

activated during disasters, programmed with specifi c

groups for users (such as Mutual Aid, Logistics, Emergency

Management Assistance Compact (EMAC), Staging, etc.)

and have telephone capability. There were approximately

115 LINC portable units activated and delivered for use in

the fi eld for this disaster.

The importance of power, fuel, and communications to disaster response and situational awareness

The near total failure of regional communications

degraded situational awareness and exacerbated problems

with agency coordination, command and control,

logistics, and search and rescue operations. Reliable

communications are critical to the preparation for and

response to a catastrophic event because of the effect

they have on establishing command and control and

maintaining situational awareness.10 Without functioning

communications systems, fi rst responders and government

offi cials cannot establish meaningful command and

control, nor can they develop the situational awareness

necessary to know how and where to direct their response

and recovery efforts. Similarly, without the ability to call

for help, citizens cannot seek emergency assistance, alert

responders or others to their whereabouts and needs, or

receive updates or instructions from offi cials.

Katrina interoperability problems were masked to

some degree by the larger and more serious breakdown

of operability resulting from the destruction of facilities

or power outages. Restoring phone service requires more

than waiting for the fl ood waters to recede and restoring

power. While many cables may be salvageable, the

electronics that pass the signals across those lines will

need to be replaced. As noted by Jim Gerace of Verizon

Wireless: “It’s essentially analogous to putting a PC in

your bathtub. It’s not going to work once it dries.”11

In Louisiana, the winds and fl ooding degraded the

quality of available communications, reducing most

communications to the limited number of available

satellite phones. Additionally, the communications

infrastructure that remained intact was soon overwhelmed

by the heavy communications traffi c during the

response.12 FEMA offi cials reported “there were no status

reports coming into the EOC Monday.”13 Deputy Federal

Coordinating Offi cer Scott Wells stated that if the Coast

Guard was doing fl yovers of New Orleans, those reports

did not get to the EOC on Monday.14 Additionally,

failed communications affected responders’ ability to

share information up and down the chain of command.

According to Louisiana offi cials, “Two or three days

after the storm, state police were running into division

commanders in the New Orleans Police Department who

reported that they had not talked to anyone above their

rank since the storm.”15

The Alabama communications infrastructure

fared better than in Mississippi and Louisiana. The

AEMA has various communications capabilities, with

redundant backups, to ensure it maintains a high level

of connectivity throughout the state. The EOC had

equipment and trained personnel to communicate

over all types of communications networks, including

satellite, 800 MHz digital phone service, amateur radio,

and others. AEMA staff viewed communications systems

and capabilities during Katrina as strengths, although the

goal of true interoperability within and among county

emergency response and law enforcement agencies

remains elusive to this day.16 The state has little ability to

mandate what types of communications technology each

166 A FAILURE OF INITIATIVE

county procures. AEMA makes recommendations, but

with so many different counties all with communications

equipment in various stages of their life cycle, the EOC

must be able to process all types of communications.

The AEMA integrates these systems with various bridging

technologies. Several attempts have been made in the

past to build a state-wide/state-owned system, but lack

of funding has prevented construction of this system.

Nevertheless, state and county emergency management

offi cials concluded their communications capacity

functioned reasonably well during their response to

Hurricane Katrina.17

Power is the most dominant factor for any

telecommunications system18 and hurricanes virtually

always knock out the power, even if only for a short

period of time. Very often these power outages can last

for several days or more following powerful storms. For

Hurricane Katrina, the Department of Homeland Security

(DHS) was aware the power outages caused by the storm

could go on for weeks after the storm, possibly longer. On

August 28, the DHS National Infrastructure Simulation

and Analysis Center issued and provided to the White

House (among others) a “Fast Analysis Report” predicting

the storm’s likely impact on the Gulf coast area based

on conditions as of August 27 when Katrina was still a

Category 5 storm. In the report, DHS made a number of

predictions about the storm’s impact on power supplies,

including:

■ Electric power loss is likely to affect over 2.6 million

customers;

■ Restoring power could take more than 2 weeks for most

of the affected areas excluding New Orleans and the coastal areas and may be hampered by fl ooding or other obstacles;

■ The New Orleans region could have power outages

lasting 16 weeks if excessive fl ooding occurs, disabling

existing pumping stations up to 10 weeks and entailing

power repairs that may take up to 6 weeks

to complete.19

As predicted, the affected states all suffered

severe damage to their power and communications

infrastructures. During Hurricane Katrina, the City of New

Orleans lost two primary tower sites and had to evacuate

the police and fi re communications centers because of

fl ooding. Associated with the loss of the communications

centers was the loss of all 911 capabilities and the federally

funded New Orleans Maritime Interoperable Committee’s

(NOMIC) interoperable bridging capability. Colonel Terry

Ebbert, the Homeland Security Director for New Orleans,

testifi ed “Over 2,000 police, fi re, and Emergency Medical

Services (EMS) personnel were forced to communicate

in a single channel mode, between radios, utilizing only

three mutual aid frequencies.”20

The government’s ability to communicate depends

upon the viability of the commercial network’s

infrastructure. Ninety percent of communications assets

are privately owned and operated.21 Verizon Wireless

serves the Gulf coast with two major switching stations in

Baton Rouge and Covington, Louisiana. These serve as the

links between cell phone antennae scattered throughout

the region and the rest of the global network. While the

stations themselves remained operational during and

after landfall, the Covington facility lost connectivity

with the cell towers due to two breaks in the connecting

fi ber-optic ring run by BellSouth.22 Normally, a fi ber-optic

link provides redundancy: if one link is cut, information

can still travel along the other route. Katrina, however,

knocked out both sources because of physical damage

to the fi ber-optic cable. In one case, the fi ber-optic cable

that transported calls and internet traffi c to and from

New Orleans and ran along the Lake Pontchartrain

Causeway was severed. Additionally, at least 20 cell

towers went down due to either power loss or fl ooding.

Verizon Wireless installed backup generators at many of

the towers, but not at all, reportedly, due to local zoning

restrictions.23 Refueling remote generators also proved

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diffi cult if not impossible. Verizon Wireless reported a

number of its generators were stolen, one of Nextel’s fuel

trucks was stopped at gunpoint and its fuel taken for other

purposes while en route to refuel cell tower generators,

and the Mississippi State Police redirected a fuel truck

carrying fuel designated for a cell tower generator to fuel

generators at Gulfport Memorial Hospital.24

Other power and telecommunications companies

reported similar problems due to exhausted fuel supplies,

disruption of natural gas supply lines, or refueling

diffi culties due to fl ooding or security concerns. BellSouth

reported that on September 1, 112 of its central offi ces

were running on emergency generators, an additional

17 were completely down, and an additional 32 had no

connectivity to the backbone network.25 These central

offi ces served as 911 tandems, and when they went down,

they created outages of 911 service in as many as 13

Louisiana parishes.26 In Gulfport, Mississippi, company

offi cers at Alabama Power and Southern Nuclear’s Watson

Electric Generating Plant watched as a 30-foot storm surge

rose 20 feet within the plant and fl ooded the 50-kilowatt

backup generator that normally would have started

when the power failed. The nerve center for the region’s

power company had no backup power to supply to the

community.27

The loss of power — a common and altogether

expected result of a hurricane — need not mean

an affected area has no communications capability

until the utility companies are able to restore normal

electricity service. A well-planned and robust emergency

communications system should be sustainable at

reasonable levels of operation even after electrical power

is lost.28 Resources to sustain operations include backup

generators and fuel, redundant systems, self-healing

networks, access to multiple technologies, common

radio frequencies for wireless communications, suffi cient

spectrum bandwidth to support communications needs,

and the proper equipment and infrastructure to make

it all work.29 Regular land-line telephone connections

can function after local power is lost if central switches

maintain power and lines are not damaged; telephone

switches can usually operate until their backup generators

run out of fuel or are knocked out by fl ooding. Similarly,

cell towers carrying commercial phone service and public

safety radio communications can continue to function

with back-up power, usually batteries.

Destruction to communications capability hindered command and control and severely limited situational awareness

“It sounds like it can happen again. How many local governments have a communications plan when everything fails?”

REPRESENTATIVE TAMMY BALDWIN (D-WI), query during hearing, U.S. House of Representatives, Sept. 7, 2005

In myriad ways, the vast destruction to the communications

infrastructures, particularly

those in Mississippi and

Louisiana, negatively

affected fi rst responders

and local and state

governments’ attempts

to establish command

and control. It also

limited — and sometimes

precluded — them from

achieving and maintaining

situational awareness. In

New Orleans and along

the Gulf coast, the National Guard and fi rst responders

were forced to rely on paper relays or face-to-face

communications to convey critical information between

emergency operation centers and the fi eld.30 This drastically

slowed the pace at which those in the EOCs became

aware of situations throughout their respective areas of

With communications knocked out, police relied on two-way radios.

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168 A FAILURE OF INITIATIVE

responsibility. It delayed the delivery of direct assistance

where it was most needed, and it hindered the ability to

forward requests to state or federal agencies that might

have been able to help. In the Louisiana state EOC, the

communications problems were so severe that state offi cers

could not reliably communicate with local offi cials, others

in the state government, or federal offi cials, exacerbating

the already severe problems with situational awareness.

On Tuesday, August 30, FEMA Deputy Federal

Coordinating Offi cer Phillip E. Parr traveled by helicopter

to the New Orleans Superdome.31 His mission there was

threefold: (1) form a unifi ed command with the state as

represented by the Louisiana National Guard, and the City

of New Orleans; (2) maintain visibility of commodities

ordered; and (3) build out a base from which FEMA teams

could be formed to locate and assist in the hardest hit

parishes. But according to Parr his ability to accomplish

those goals were hindered by the lack of appropriate

communications as mentioned in his statement: “To

accomplish these goals we were to meet a Mobile

Emergency Operations and Communications Vehicle

and use that as a base of operations and communication.

Due to extensive fl ooding in the city our communications

vehicle was unable to enter the Dome and this severely

hampered our operations.”32

First responders’ ability throughout the Gulf coast to

communicate across a broad range (or distance) and gain

control of an incident was compromised when power was

lost and many had only their mobile (cellular) phones

available. Because these phones run on batteries, they lose

power the longer fi rst responders have to use them in lieu

of other means and, as a result, have shorter and shorter

ranges over which they can operate as their batteries run

down.

In Mississippi, Major General Harold A. Cross, the

state’s Adjutant General, told Select Committee staff the

National Guard forward operating units on the coast

were unable to establish and maintain meaningful

communications with MEMA or Governor Barbour for

the fi rst 48 hours following landfall.33 As a result, their

initial activities were based on executing pre-landfall

assignments and reacting to events on the ground as they

found them. They acted with initiative. Exacerbating the

situation, and unknown to Cross, the company providing

the satellite service to his phones (Mobile Venture

Satellites) had not informed the Guard it had changed the

contact numbers on two of the Guard’s satellite phones.

As a result, no one attempting to reach these phones

— one with the Guard’s Director of Military Assistance,

Lieutenant Colonel Lee Smithson (the offi cer responsible

for coordination of the Guard’s materials and assets

during the response and recovery effort), and another

at the Stennis Space Center commodities distribution

center — could get through. The Guard did not learn of

the change until two days into the response when the

state National Guard’s Assistant Adjutant General, Gen.

Playnt, fi nally spoke with Smithson to ask why he was

not answering his satellite phone. Smithson contacted the

satellite phone company, and was only then informed of

the number change.34 Because of this failure to notify the

Guard of two number changes, those who needed to reach

two of the most important people or places involved in

the response did not have the correct numbers to do so.

This contributed to the problems and delays experienced

during commodity coordination and distribution efforts

experienced in Mississippi.35 These types of problems are

further discussed in the COMMAND AND CONTROL

chapter.

FEMA pre-positioned communications assets, but not in New Orleans, where the need became exceptionally critical

FEMA partially anticipated the communications

infrastructure, particularly the parts dependent on

electric power, would be needed in the Gulf coast and

pre-positioned with each of the three states’ EOCs a

MERS detachment.36 MERS detachments are designed to

provide rapid multi-media communications, information

processing, logistics, and operational support to federal,

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state, and local agencies during catastrophic emergencies

and disasters. They do so, in part, by providing mobile

telecommunications, operational support, life support,

and power generation for on-site disaster management;

this includes satellite, telephone, and video hook-ups.37

Former FEMA Director Michael Brown testifi ed, in

hindsight, FEMA should have pre-positioned a MERS

detachment in New Orleans. Brown stated:

In terms of communications, one of the things

that I didn’t mention in the litany of things that we

prepositioned is something called our MERS unit,

our Mobile Emergency Response System [sic]. Those

are vehicles that are command and control units

that have satellite hook-ups, telephone hook-ups,

video hook-ups; enable us to do communications.

I prepositioned those in all three states so that we

would have communications wherever we needed it.

I eventually sent one of those command units — in

fact, it’s one of the largest ones we have, called Red

October — I eventually sent one of those into New

Orleans for Mayor Nagin to use.

In retrospect, I wish I’d done that four days

earlier. Had I done it four days earlier, though,

guess what? It probably wouldn’t have gotten there.

So I’m now second-guessing myself, and perhaps I

should have prepositioned it there before Katrina

made landfall. But again, that’s not the role of the

federal government; that’s Mike Brown Monday

morning quarterbacking, having seen everything

that took place and trying to fi gure out, okay, now

seeing everything that did not work in Louisiana,

if I had known that beforehand, what could I have

done?38

As a result, one of the federal assets that might have

allowed FEMA and the local and state governments to

work around the damage to the communications systems

and sooner gain situational awareness about conditions in

New Orleans was not present. Arguably, this instance of a

failure of initiative — leaving a MERS detachment outside

of the city — exacerbated the degree to which the massive

damage to the local communications infrastructure

delayed the ability of FEMA to learn of or confi rm events

on the ground in New Orleans and act accordingly.

“Communications and coordination was lacking, preplanning was lacking. We were not prepared for this.”

WILLIAM M. LOKEY, FEMA Federal Coordinating Offi cer in Louisiana, testimony before U.S. Senate, Jan. 30, 2006

Poor situational awareness and its resulting effect on

command and control contributed to the negative effects

of inaccurate media reports because public offi cials lacked

access to the facts to address media reports. Throughout

the early days of the response, media reports from New

Orleans featured rampant looting, gunfi re, crime, and

lawlessness, including murders and alleged sexual assaults

at the Superdome and Convention Center. Few of these

reports were substantiated, and those that were—such

as the gunfi re—were later understood to be actually

coming from individuals trapped and trying to attract the

attention of rescuers in helicopters.

Offi cials on the ground in New Orleans interviewed

by Select Committee staff stated the media greatly

exaggerated reports of crime and lawlessness and that

the reports from the Convention Center and Superdome

were generally unsubstantiated. Of the six deaths in the

Superdome, none were crime-related (fi ve were due to

medical reasons and one was a suicide).39 In some cases,

the media’s coverage of its own performance - well after

the fact - showed many of these reports from the early

days after Katrina were false. In December, ReasonOnline

reported that:

On September 1, 72 hours after Hurricane

Katrina ripped through New Orleans, the

Associated Press news wire fl ashed a nightmare

of a story: “Katrina Evacuation Halted Amid

Gunfi re…Shots Are Fired at Military Helicopter.”

The article fl ew across the globe via at least

150 news outlets, from India to Turkey to

Spain. Within 24 hours commentators on every

major American television news network had

helped turn the helicopter sniper image into

the disaster’s enduring symbol of dysfunctional

urbanites too depraved to be saved.

Like many early horror stories about ultra-

violent New Orleans natives, whether in their

home city or in far-fl ung temporary shelters, the

A.P. article turned out to be false. Evacuation

from the city of New Orleans was never “halted,”

170 A FAILURE OF INITIATIVE

according to offi cials from the Coast Guard,

FEMA, and the Louisiana National Guard. The

only helicopter airlifts stopped were those by

a single private company, Acadian Ambulance,

from a single location: the Superdome. And

Acadian offi cials, who had one of the only

functional communications systems in all of

New Orleans during those fi rst days, were taking

every opportunity to lobby for a massive military

response.

More important, there has been no offi cial

confi rmation that a single military helicopter over

New Orleans—let alone a National Guard Chinook

in the pre-dawn hours of September 1—was fi red

upon.

The Air Force, to which the Air National Guard

reports, also has no record of helicopter sniping.

“We investigated one incident and it turned out

to have been shooting on the ground, not at the

helicopter,” Air Force Maj. Mike Young told The

New York Times on September 29.

Aside from the local National Guard, the other

government agency with scores of helicopters over

New Orleans was the U.S. Coast Guard, which

rescued more than 33,000 people. “Coast Guard

helicopters,” says spokeswoman Jolie Shiffl et,

“were not fi red on during Hurricane Katrina rescue

operations.”

[But] the basic premise of the article that

introduced the New Orleans helicopter sniper to a

global audience was dead wrong, just like so many

other widely disseminated Katrina nightmares.

No 7-year-old rape victim with a slit throat was

ever found, even though the atrocity was reported

in scores of newspapers. The Convention Center

freezer was not stacked with 30 or 40 dead bodies,

nor was the Superdome a live-in morgue.40

“[The] National Guard have landed in the city of New Orleans. These troops are fresh back from Iraq, well trained, experienced, battle-tested and under my orders to restore order in the streets. They have M-16s and they are locked and loaded. These troops know how to shoot and kill and they are more than willing to do so if necessary and I expect they will.”

GOVERNOR KATHLEEN B. BLANCO

According to offi cials on the ground in New Orleans

interviewed by Select Committee staff, and subsequent

media reports, erroneous or exaggerated reporting of

conditions in New Orleans created anxiety and fear among

those sheltering at the Superdome and Convention Center,

delayed some critical elements of the response effort, and

discouraged some residents in dry neighborhoods from

evacuating the city. Media reports described how BellSouth

evacuated its personnel from their Emergency Operations

Center near the Superdome under armed escort due to

security concerns. Reportedly, company offi cials worried

about the center being targeted by unruly individuals.

Gary Ludgood, vice president for integrated network

planning and implementation for BellSouth, stated,

“[W]e chose to evacuate

our employees before

anything happened.”41

Offi cials interviewed by

Select Committee staff

said some of the media

reporting made the

crowds in the Superdome

anxious and scared away

truck drivers carrying

critical commodities;

these same offi cials indicated some residents of the city

in areas not fl ooded were reluctant to evacuate because of

these reports, choosing instead to stay behind to protect

their belongings. ReasonOnline reported on the effect of

radio broadcasts containing erroneous reports:42

The information vacuum in the Superdome was

especially dangerous. Cell phones didn’t work,

the arena’s public address system wouldn’t run

on generator power, and the law enforcement on

hand was reduced to talking to the 20,000 evacuees

using bullhorns and a lot of legwork. “A lot of

them had AM radios, and they would listen to news

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Media reporting made the crowds in the Superdome anxious and scared away truck drivers carrying critical commodities.

A FAILURE OF INITIATIVE 171

reports that talked about the dead bodies at the

Superdome, and the murders in the bathrooms of

the Superdome, and the babies being raped at the

Superdome,” Bush [Maj. Ed Bush, public affairs

offi cer for the Louisiana Air National Guard] says,

“and it would create terrible panic. I would have to

try and convince them that no, it wasn’t happening.”

The reports of rampant lawlessness, especially the

persistent urban legend of shooting at helicopters,

defi nitely delayed some emergency and law

enforcement responses. Reports abounded, from

places like Andover, Massachusetts, of localities

refusing to send their fi refi ghters because of “people

shooting at helicopters.” The National Guard refused

to approach the Convention Center until September

2, 100 hours after the hurricane, because “we

waited until we had enough force in place to do an

overwhelming force,” Lieutenant General H Steven

Blum, Chief of the National Guard Bureau, told

reporters on September 3.

“One of my good friends, Col. Jacques

Thibodeaux, led that security effort,” [Maj.] Bush

says. “They said, ‘Jacques, you gotta get down here

and sweep this thing.’ He said he was braced for

anything. And he encountered nothing—other than

a whole lot of people clapping and cheering and so

glad that they were here.”

“I certainly saw fi ghts, but I saw worse fi ghts at a Cubs game. The people never turned into these animals. They are been cheated out of being thought of as these tough people who looked out for each other. We had more babies born [in the Superdome] than we had deaths.”

MAJOR ED BUSH, LA National Guard

Mississippi government offi cials echoed these concerns:

“Even drivers coming in to Mississippi were dissuaded by

the media reports in New Orleans. A lot of them ended

up demanding military escorts. They’d call and say ‘we’ve

been hijacked or we ran out of gas on Highway 49 or

59. When help arrived they’d admit that wasn’t the case,

that they just wanted an escort. Obviously this situation

impeded ‘just in time’ logistics,’”43 Ebbert said.

“We were going to protect the lives of our residents. It’s impossible to know what happened unless you were here. At the time, you don’t know what to believe, but you don’t want to be in a place to fi nd out if what you heard is true.”

RONNIE HARRIS, Mayor, Gretna, LA

Without suffi cient working communications capability

to get better situational awareness, the local, state, and

federal offi cials directing the response in New Orleans had

too little factual information to address — and, if need

be, rebut — what the media were reporting. This allowed

terrible situations — the evacuees’ fear and anxiety in the

Superdome and Convention Center — to continue longer

than they should have and, as noted, delayed response

efforts by, for example, causing the National Guard to wait

to assemble enough force to deal with security problems

at the Convention Center that turned out to be overstated.

For further discussions of exaggerated media reports, see

the LAW ENFORCEMENT chapter.

Finding: Some local and state responders prepared for communications losses but still experienced problems, while others were caught unprepared

Though the loss of power and damages to the Gulf coast

area’s communications infrastructure were massive, some

of the local and state responders had taken the steps

necessary to ensure that they had some communications

capability in the immediate aftermath of Hurricane

Katrina. The AEMA had various communications

capabilities, all with redundant backups, to ensure that

it maintained a high level of connectivity throughout the

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172 A FAILURE OF INITIATIVE

state. AEMA offi cials considered their communications

redundancy to be one area that worked well in their

response to Katrina.44 Southern LINC, the company

whose network Alabama uses as its primary radio system,

had a representative on site at the state EOC during this

period that provided outage updates (as noted earlier,

the AEMA has a cache of pre-programmed LINC radios

that it activates during disasters and which also provide

telephone capability).

In Mississippi, Gulf coast county governments had

taken steps (including using DHS preparedness grant

funds) to ensure some communications capability

would likely survive a disaster. For example, despite the

catastrophic damage suffered by the Gulf coast, Harrison

County’s Enhanced Digital Access Communication

Systems (EDACS)45 remained operational at nearly 100

percent capacity during and after Katrina’s landfall. One

interoperability success story from Mississippi was that

although the Harrison County EDACS was not capable

of linking to FEMA or to the MEMA EOC in Jackson,

Mississippi, it was capable of linking with similar systems

utilized by the Florida State Police and the Florida Fish &

Wildlife Agency who arrived in Mississippi shortly after

Katrina’s landfall. These Florida state agencies were able

to quickly reprogram their EDACS radios to communicate

over the county’s network. Within two weeks of landfall,

the Harrison County EDACS system was able to expand

to allow fi rst responder communications within the

adjoining Jackson and Hancock counties.46

MEMA Director Latham testifi ed that Mississippi

had satellite radios permanently mounted in the three

coastal counties (Harrison, Hancock, and Jackson)

and that 30 other counties also had these radios.47 All

MEMA personnel had access to a mobile satellite radio

for communications throughout the state. This proved

fortunate because often the only communications

capability in Mississippi after the storm—for both

MEMA and the affected counties—was through satellite

phones and radios, which operate by connecting to

satellites rather than routing calls through land-based

lines or cellular towers.48 The Harrison County EOC was

only able to use its cellular communications system for

approximately 12 hours until the battery on the cell tower

died. They were unable to use the satellite system at the

Harrison County EOC because it was damaged during the

storm. Additionally, and currently, MEMA has a mobile

operations unit, which it can deploy to disaster areas

and allows communication across all bands.49 Despite

problems the satellite systems experienced (discussed

below), Latham noted they did allow the state to learn

vital information it needed about conditions in the

counties and their assistance needs.50

Unlike the three coastal counties, Pearl River County

fared better at maintaining communications capability

during and after the storm. Pearl River County had two

satellite phones in its emergency operations center.

According to its Emergency Management Director, Bobby

Strahan, these worked throughout the response but

did prove problematic early on because it took a long

time for any calls to go through.51 In addition, Strahan

reported the county has four high band repeater systems

strategically placed throughout the county which allow all

of its fi rst responders (including police, fi re, and EMS) as

well as its schools to communicate. All of these systems’

locations had generator backup systems which functioned

properly during Katrina. In addition, Pearl River County

was able to sustain communications within the county

and, to a limited extent, with portions of adjacent

Hancock County because it had used DHS grant funds

to buy a mobile communications center (trailer) that

allowed it to communicate with agencies throughout the

county as well as with MEMA’s mobile operations unit.52

Others were caught relatively unprepared to deal with

the communications problems that resulted from the

hurricane’s damage or found their existing capabilities

were insuffi cient. In Louisiana, most of the parishes

did not have satellite phones (as their counterparts in

Mississippi did) because they chose to discontinue the

service after the state stopped paying the monthly fees for

the phones. In 1999, the state began using federal funding

to provide each parish emergency management offi ce with

a satellite telephone and paid the $65.00 monthly fee, but

In Louisiana, most of the parishes did not have satellite phones because they chose to discontinue the service after the state stopped paying the monthly fees for the phones.

A FAILURE OF INITIATIVE 173

it discontinued doing so for the parishes in August 2004.

As a result, all but three parishes—Orleans, Plaquemines,

and Jefferson—discontinued their satellite phone

service.53 Larry Ingargiola, Director, Offi ce of Homeland

Security and Emergency Management, St. Bernard

Parish, told Select Committee staff the parish returned

the satellite phones when the state stopped paying the

monthly service fee. After Katrina hit, the state sent the

phones back to St. Bernard because there was no other

means of communication available to the parish.54

The failure of 911 call centers in New Orleans also

illustrates how others were unprepared to deal with

communications problems. Identifying where calls to a

911 call center will be routed if it is rendered inoperable

is a basic preparation for Public Safety Answering

Points (PSAPs) such as 911 call centers.55 Although

the technology to switch calls to 911 to an alternative

location exists,56 many 911 call centers in Louisiana did

not have protocols in place to identify where their calls

should go and had not arranged for any rerouting. As a

result, numerous calls to 911 in the immediate aftermath

— especially as the fl oodwaters in New Orleans were

rising — simply dropped.57

In Mississippi, MEMA Director Latham testifi ed the state

found it did not have enough satellite radios when only

its satellite systems were operable.58 As a result, during its

response to Katrina, MEMA purchased additional portable

satellite phones for its State Emergency Response Team (in

the future, Mississippi indicated these additional phones

can be issued to local authorities as a redundant system in

disasters).59 Some Mississippi responders also found their

satellite communications capabilities were not suffi ciently

capable of withstanding high winds. Specifi cally, though

they generally remained operable and the state relied on

them during its response to Katrina, Mississippi’s satellite

communications capabilities suffered because the hurricane

force winds—at times sustained over 130 miles per hour—

shifted the antennas in each of the coastal counties, causing

satellite communications there to fail because the antennas

were no longer properly targeted. As a result, for several

days, these counties lost their ability to communicate with

the state EOC in Jackson or FEMA about their needs for

assistance or the status of any commodities requests they

had made before the storm.60 Because of the lessons it

learned from the damage to its satellite systems in Katrina,

Mississippi is investigating for future use in its counties’

EOCs the omni-directional antennas it has in place on all

of its state EMA and Department of Wildlife, Fisheries, and

Parks vehicles. According to Latham, these antennas would

not be affected by strong winds and would allow constant

communications.61

Responders in Louisiana similarly experienced certain

problems that can plague satellite-based communications.

Specifi cally, satellite phones are technically capable of

transmitting calls virtually anywhere on earth, but they

may have trouble doing so when the user is inside a

building or when the weather is cloudy. According to

the Louisiana State Police report, “heavy cloud coverage

and system inundation” limited the effectiveness of

the portable satellite phones delivered to several troop

headquarters in the affected areas.62 Even when weather

conditions permit smooth transmissions of signals for

satellite communications, this is meaningless if the caller

does not know how to use the satellite phone, or the

phone does not work at all. As Mayor Nagin noted during

Congressional testimony, “I have a huge box of satellite

phones that did not work.”63

For the systems that were functioning after the storm

as well as those that were eventually restored, problems

with interoperability further exacerbated rescue efforts.

As Colonel Ebbert testifi ed, “[T]here was no voice radio

contact with surrounding parishes or state and federal

agencies. Lives were put at risk and it created a direct

operational impact on their ability to maintain control

of the rapidly deteriorating situation within the city, carry

out rescue efforts and control the evacuation of those

people who had failed to heed the call for evacuation.”64

Despite hundreds of millions in federal funding for technology and communications, the absence of true communication interoperability within and between affected jurisdictions severely hindered rescue and response efforts at all levels of government

Many in the industry, media, and government have long

focused on the problem of “interoperability.” FEMA

offi cials claimed they did not know for days about the

thousands of people at the New Orleans Convention

Center, fi rst responders in helicopters could not talk

to crews patrolling in boats, and National Guard

Commanders in Louisiana and Mississippi had to use

runners to relay orders.

174 A FAILURE OF INITIATIVE

“We’ve got runners running from commander to commander. In other words, we’re going to the sound of gunfi re, as we used to say in the Revolutionary War.”

MAJOR GENERAL HAROLD A. CROSS, Adjutant General, Mississippi National Guard

Interoperability for public safety communication is

defi ned as the ability to share information via voice,

data, on-demand, in real-time, when needed and as

authorized. The public safety community expects this level

of interoperability will be available using equipment from

multiple manufacturers,

be transparent to the

user, require little or

no special knowledge

of the system, and

not be dependent on

common frequency

assignments.65 A

Conference of Mayors

2004 survey of 192

cities showed 44 percent

reported an accident

within the preceding

year in which the

lack of interoperable

communications made

response diffi cult;

49 percent of cities

are not interoperable with state police; 60 percent are

not interoperable with their state emergency operation

centers; and 83 percent are not interoperable with the

federal law enforcement agencies.66

Communications — particularly wireless

communications — enable all other functions in any

disaster relief operation along with the sensors to inform

offi cials and fi rst responders what is happening and share

the information and the ability to command and control

those functions and information. These are all mission-

critical functions. Hurricane Katrina was no exception.

Without effective communications, every operation

will suffer debilitating ineffi ciencies, some leading to

ineffectiveness.67 Too many public safety personnel

cannot communicate by radio because their equipment is

still incompatible or the frequencies they’re assigned are

different. They operate on 10 different frequency bands

and run communication systems that are often proprietary

and too often 30 or more years old. Over 90 percent

of the nation’s public safety wireless infrastructure is

fi nanced, owned, operated, and maintained by the more

than 60,000 individual local jurisdictions, police, fi re and

emergency medical services that serve the public.68

Louisiana government offi cials have long been

cognizant of the interoperability problem among the

state and parish fi rst responders.69 Despite longstanding

and sizable federal interoperability grants to multiple

Louisiana jurisdictions, coordinated planning had barely

progressed when Katrina hit.70 Although some New

Orleans and Louisiana state offi cials attribute the lack of

true interoperability for fi rst responders in the region to

fi nancial limitations,71 this explanation fl ies in the face of

the massive amounts of federal grants to Louisiana.72 State

and local governments were responsible for designing

and coordinating their efforts, and they failed to make

meaningful progress despite knowledge of the problem

for years and the expenditure of millions in federal funds.

Since 2001, the federal government has given $8.6

billion to states for equipment, fi rst responder training,

and disaster exercises. In 2005, DHS gave the states

$2.1 billion, of which $925 million was allocated for

communications upgrades.73 In Louisiana alone, since

fi scal year 1999, the federal government allocated over

$135 million for preparedness, of which more than $108

million was awarded to local governments, and nearly $27

million to the state. Of these funds, nearly $107 million

was dedicated to equipment purchases and the remaining

$28 million was allocated for planning, training, exercises

and administrative costs. Since 1999, approximately $16

million has been spent on interoperability.74 In addition

to these funds, Alabama, Mississippi, and Louisiana are

also the recipients of federal grants for law enforcement

agencies via the Justice Department’s Community

Oriented Policing Services (COPS) Offi ce.75

■ Alabama received $24,770,274 from FY2003 to FY2005

under the COPS Interoperability Communications, Law

Enforcement Technology, Universal Hiring Program

(UHP), COPS in Schools (CIS), and Homeland Security

Overtime (HSOP) grant programs;

■ Louisiana received $23,495,114 from FY2003 to FY2005

under the COPS Interoperability Communications,

F E

M A

A FAILURE OF INITIATIVE 175

Law Enforcement Technology, UHP, CIS, Regional

Community Policing Institute (RCPI) and Homeland

Security Overtime (HSOP) grant programs; and,

■ Mississippi received $7,003,688 from FY2003 to

FY2005 under the COPS Law Enforcement Technology,

UHP, CIS, and HSOP grant programs.76

More specifi cally, the COPS Interoperable

Communications Grant Program provides funding

to local communities to help them develop effective

interoperable communications systems for public safety

and emergency service providers. The grant program

funds projects that explore the use of equipment and

technology to increase interoperability and data sharing

amongst law enforcement, fi re departments, and

emergency medical services. From 2003-2005, the COPS

program awarded over $242 million to 63 agencies across

the nation to address the need to ensure interoperable

communications. In 2003, for example, the City of

New Orleans received a COPS grant for interoperable

communications technology in the amount of $5,510,412;

in 2004, the City of Shreveport and the Birmingham,

Alabama Police Department received COPS grants for

interoperable communications technology in the amounts

of $2,998,901 and $5,625,000, respectively; and in 2005,

the City of Baton Rouge Police Department and the Police

Department in Mobile, Alabama received COPS grants for

interoperable communications technology in the amounts

of $5,999,184, and $3,000,000, respectively.77

The $5,510,412 COPS interoperability grant awarded to

the City of New Orleans in September 2003 initially was

approved for one project. A year and a half later, however,

the city requested approval to modify its original plan,

and in May 2005, the COPS program offi ce approved a

new plan to build upon the Jefferson Parish 800 MHz

radio system, and link four parishes (Orleans, Jefferson,

St. Bernard and Plaquemines) together. As of September

2005, the City had spent only $275,428 of the $5,510,412

originally awarded in 2003.78

“Technology is at the center of this, but most of the components required to achieve interoperability in the near-term already exist. However, it requires agreements, planning, and governance arrangements across jurisdictions.”

DAVID BOYD, Deputy Director, Offi ce Systems Engineering & Development, DHS Testimony before U.S. Senate Sept. 29, 2005

Despite these awards (and other federal grants

described in detail in Appendix 4 of this report), offi cials

in Louisiana claim “austere fi nancial circumstances”

prevented the completion of the interoperability

modifi cations of its communications system. New

Orleans designed and purchased its M/A-Com 800 MHz

radio communications system in 1992. The Louisiana

State Police updated a different Motorola 800 MHz

radio communications system in 1996, and while the

two systems are capable of communicating, this requires

special integration modifi cations to each system, and

only is attempted, typically, for large events such as

the 2002 Super Bowl held in New Orleans.79 Under

normal circumstances, the City’s system is linked to

the state’s system via a traditional T1 landline. As Greg

Meffert, the New Orleans Chief Information Offi cer told

Select Committee staff, the two systems’ interoperable

capabilities are based on faulty assumptions. If the

T1 lines are damaged, this destroys the connection

between the systems.80 This is exactly what happened

during Katrina. The city’s system went down after the

system’s generators were fl ooded or damaged by fl ying

debris. As noted by Ebbert in his testimony before the

Select Committee, “there was no voice radio contact

with surrounding parishes or state and federal agencies.

Lives were put at risk and it created a direct operational

impact on their ability to maintain control of the rapidly

deteriorating situation within the city, carry out rescue

efforts and control the evacuation of those people who

had failed to heed the call for evacuation.”81

There was no voice radio contact with surrounding parishes or state and federal agencies. Lives were put at risk. Col. Terry Ebbert, New Orleans Director of Homeland Security and Public Safety

176 A FAILURE OF INITIATIVE

Finding: The National Communications System met many of the challenges posed by Hurricane Katrina, enabling critical communication during the response, but gaps in the system did result in delayed response and inadequate delivery of relief supplies

The federal government’s use of the National

Communications System (NCS) prior to, during, and

after Katrina’s landfall to coordinate assets and personnel

proved effective, but like the efforts of the Gulf states, it

too was overwhelmed by the magnitude of the damage

left in Katrina’s wake.

Following the Cuban Missile Crisis, President Kennedy

established the National Communications System by a

Presidential Memorandum on August 21, 1963.82 On

April 3, 1984, President Ronald Reagan signed Executive

Order 12472, which broadened the NCS’ national security

and emergency preparedness capabilities and superseded

President Kennedy’s original 1963 memorandum.

The NCS expanded from its original six members to

an interagency group of 23 federal departments and

agencies, and began coordinating and planning NS/

EP telecommunications for the federal government

under all circumstances, including crisis or emergency,

attack, recovery, and reconstruction. As mandated by

the Executive Order, the NCS also includes an industry

component called the National Coordinating Center for

Telecommunications (NCC), a joint industry-government

body within the NCS. The operational mission of the

NCC is coordination of restoring and reinstituting

national security and emergency preparedness

communications in an emergency situation. During

Hurricane Katrina, the NCC operated a 24-hour watch

center and conducted daily analysis and situational

monitoring of ongoing events, and coordination of

government and industry response capabilities.83

In addition to the Executive Order, the NCS has a

specifi c communications role in the National Response

Plan (NRP). Specifi cally, the NCS is the lead agency

responsible for the communications component of

Emergency Support Function 2 (ESF 2), which “ensures

the provision of Federal communications to Federal,

State, local, tribal and private-sector response efforts

during an Incident of National Signifi cance.” In support

of ESF 2, the NCC is tasked to function as a central

point of coordination and information sharing among

communications infrastructure operators.

To facilitate coordination of industry and government

operations during an emergency, the NCS maintains

and operates several priority service programs, which

help ensure critical calls are completed in the event

of congestion damage to the national commercial

communications infrastructure. They include the

Government Emergency Telecommunications Service

(GETS), which provides authorized users a higher rate of

call completion during periods of outages or congestion

resulting from disasters. During and after

Hurricane Katrina, the NCS issued 1,000 new

GETS access code numbers to fi rst responders

and emergency recovery offi cials in the affected

states. Between August 28 and September 9,

the GETS system was utilized to make over

35,000 calls.84 The NCS also operates a wireless

counterpart to GETS, the Wireless Priority

Service (WPS) program. It provides priority

treatment for calls made during periods of

wireless network congestion by emergency

response personnel with national security

and emergency preparedness responsibilities.

During Katrina, the NCS enabled and

distributed over 4,000 WPS cellular phones.85 In Gulfport, MS., video conferencing was used to coordinate disaster aid.

F E

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A FAILURE OF INITIATIVE 177

The NCS operates the Telecommunications Service

Priority (TSP) program, which establishes a regulatory,

administrative and operational framework for restoring

and provisioning priority communications services.

Through this program, service vendors are authorized

to give priority to restoration and provision of service to

those with TSP assignments. Following Hurricane Katrina,

the NCS completed more than 1,500 TSP assignments

helping to restore emergency response capabilities in the

Gulf states.86

The NCS also maintains the Shared Resources High

Frequency Radio Program (SHARES), which provides a

single, interagency, voluntary message handling system

using over 250 High Frequency (HF) radio frequencies

when other communications are unavailable. A network

of government, military, and Military Affi liate Radio

Service (MARS) radio stations (an organized network

of Amateur Radio stations affi liated with the different

branches of the armed services to provide volunteer

communications), and more than 90 federal, state, and

private industry organizations participate in the SHARES

program. Within days following Katrina’s landfall, the

NCS coordinated participation by 431 SHARES stations

across the nation and assisted fi rst responders conducting

search and rescue missions by relaying information

to appropriate government agencies; relayed logistical

and operational information between FEMA’s EOCs

in Georgia, Mississippi, and Louisiana; relayed health

and welfare messages between volunteer agencies in

Georgia and the national headquarters of the American

Red Cross in Washington, DC; established radio contact

with deployed U.S. Navy ships detailed to New Orleans;

and provided frequency coordination between federal

agencies, Louisiana and Mississippi’s EOCs, and the Civil

Air Patrol.87

Additionally, the NCS coordinated the frequencies

used by the nearly 1,000 Amateur Radio Emergency

Services (ARES) volunteers across the nation who served

in the Katrina stricken area providing communications

for government agencies, the Red Cross and the Salvation

Army. Emergency communications were conducted not

only by voice, but also by high-speed data transmissions

using state-of-the art digital communications software

known as WinLink. In Mississippi, FEMA dispatched

Amateur Radio operators to hospitals, evacuation centers,

and county EOCs to send emergency messaging 24 hours

per day. According to Bay St. Louis Mayor Edward A.

“Eddie” Favre, amateur radio operators were especially

helpful in maintaining situational awareness and

relaying Red Cross messages to and from the Hancock

County EOC.88 At airports in Texas and Louisiana,

radio amateurs tracked evacuees and notifi ed families

of their whereabouts. The Red Cross deployed amateur

radio volunteers at its 250 shelter and feeding stations,

principally in Mississippi, Alabama, and Florida.89

The Salvation Army operates its own Amateur Radio

communications system using Amateur radio volunteers,

known as SATERN. During the Hurricane Katrina response

and recovery effort, SATERN joined forces with the

SHARES program and received over 48,000 requests for

emergency communications assistance utilizing federal

frequencies made available via the SHARES program.90

Following landfall, the NCS activated the SHARES

network on August 29, and worked with The U.S.

Northern Command (NORTHCOM) to identify and

deploy communications assets, and by September

2, all NCS ESF 2 systems were in place to receive

communications requests from the affected region.

The NCS dispatched satellite communications vans to

various locations, including New Orleans City Hall, the

Louisiana State Police headquarters in Baton Rouge, the

New Orleans Airport, and the Louisiana National Guard

in Jefferson Parish; dispatched AT&T and MCI cellular

communication vans to the state EOCs in Mississippi and

Louisiana; and identifi ed and delivered satellite handsets

to fi rst responders in all three affected states. Additionally,

the NCS designed and installed a new E-911 system in

Plaquemines Parish, and provided an interim digital Land

Mobile Radio system to the eight parishes surrounding

New Orleans.91

Like all levels of government, the NCS was not able to

address all aspects of the damage to the communications

FEMA dispatched Amateur Radio operators to hospitals, evacuation centers, and county Emergency Operations Centers to send emergency messaging 24 hours per day.

178 A FAILURE OF INITIATIVE

infrastructure of the Gulf states. Although the NCS

performed several important functions prior to and

during the response efforts, the “historical magnitude of

Hurricane Katrina stressed the processes and procedures

of the NCS and required ESF 2 to perform functions . . .

which it [had] never done before.”92

Conclusion

The extent of destruction and damage to the

communications infrastructure and services caused

by Katrina exceeded that of any other natural disaster

experienced by the Gulf coast states. Simply put, Katrina’s

devastation overwhelmed government resources at all

levels. The loss of power and the failure of various levels

of government to adequately prepare for the ensuing and

inevitable loss of communications hindered the response

effort by compromising situational awareness and

command and control operations.

Despite the devastation left by Katrina, this needn’t

have been the case. Catastrophic disasters may have

some unpredictable consequences, but losing power

and the dependent communications systems after a

hurricane should not be one of them. The parish offi cials

in Louisiana who declined to spend $65 per month for

satellite phones showed a failure of initiative when they

gave up those assets. Why such a “penny wise-pound

foolish” decision was allowed to stand defi es explanation.

The same satellite phones that were given up by some

of the parishes eventually were returned to them after

Katrina’s landfall because they had no other means of

communicating with those bringing help to people in

need. Similarly, those in the 911 call centers who could

not reroute calls for help showed a failure of initiative by

not taking the steps necessary to ensure calls to them were

not in vain, simply because predictable things — power

losses and fl ooding — happened after a hurricane.

Issues with interoperability have existed for years.

Government offi cials and emergency service agencies are

well aware of the need to establish and maintain robust

emergency communications systems. Modern day National

Guard units should not have to rely upon runners to relay

messages. Governors should be able to communicate

with their generals. Police commanders should be able

to communicate with their offi cers in the street. Despite

knowledge of interoperability problems and the seriousness

of the consequences of failure to address them, and because

of often parochial desires for duplicative, expensive, and

diverse stand alone communications systems, offi cials

responsible for providing for public safety spent millions

on other priorities.

Disasters start and end at the local level. If fi rst

responders want interoperability with their counterparts

in the future, their leaders need to communicate.

Federal authorities need to establish standards. State

and local offi cials need to take the initiative to make

responsible use of federal, state and local funding to

develop communications systems that can grow with their

communities. These offi cials need to fulfi ll the public trust

given to them. They need to lead. ■

Catastrophic disasters may have some unpredictable consequences, but losing power and the dependent communications systems after a hurricane should not be one of them.

A FAILURE OF INITIATIVE 179

1 Hearing on Hurricane Katrina: Preparedness and Response by the State of Louisiana Before Select Comm., 109th Cong. (Dec. 14, 2005) at 3 (written statement of Col. Terry Ebbert, USMC (ret), Director of Homeland Security & Public Safety, City of New Orleans) [hereinafter Dec. 14, 2005 Select Comm. Hearing].

2 Hearing on Ensuring Operability During Catastrophic Events Before the Comm. on Homeland Security Subcomm. on Emergency Preparedness, Science, and Technology, 109th Cong. (Oct. 26, 2005) at 1 (written statement of Dr. Peter M. Fonash, Deputy Manager, National Communications System, DHS) [hereinafter Oct. 26, 2005 Comm. on Homeland Security Hearing].

3 Id. at 6. 4 Hearing on Public Safety Communications from 9/11 to Katrina: Critical Public Policy Lessons Before the Comm. on Energy and Commerce,

Subcomm. on Telecommunications and the Internet, 109th Cong. (Sept. 29, 2005) at 3 (written statement of Kevin J. Martin, Chairman, Federal Communications Commission) [hereinafter Sept. 29, 2005 Energy & Commerce Comm. Hearing].

5 Matthew Fordahl, Communication Breakdown: From 9/11 to Katrina, ASSOC. PRESS, Sept. 13, 2005. 6 LA State Police, Louisiana Totally Interoperable Environment at 2-3 (Dec. 7, 2005). 7 Hearing on Hurricane Katrina: Preparedness and Response by the State of Mississippi Before Select Comm., 109th Cong. (Dec. 7, 2005) at 3-4

(statement of Robert R. Latham, Jr., Executive Director, Mississippi Emergency Management Agency) [hereinafter Dec. 7, 2005 Select Comm. Hearing].

8 See http://www.fema.gov/rrr/mers01.shtm (last visited Jan. 26, 2006). 9 Dec. 7, 2005 Select Comm. Hearing at 7 (statement of William L. Carwile, III, former Federal Coordinating Offi cer, Hurricane Katrina Response

and Initial Recovery Operations: Mississippi). 10 Command and control are two key aspects of emergency management involving unity of command and effort among local, state, and federal

authorities as well as an accepted chain of command. (See DHS National Response Plan, (Dec. 2004) at 1 [hereinafter NRP].) Situational awareness simply refers to the extent to which the various responders—local, state, or federal offi cials, for example—have accurate, reasonably reliable information about conditions in the affected area and can use that information to guide their response efforts.

11 Stephen Lawson, Cell carriers tackle Katrina damage, IDG NEWS, (San Fran.), Sept. 1, 2005. 12 Interviews by Select Comm. Staff with FEMA, Louisiana state and local offi cials in New Orleans, LA (Nov. 3-10, 2005). 13 Interviews by Select Comm. Staff with FEMA offi cials, New Orleans, LA (Nov. 9-10, 2005). 14 Interviews by Select Comm. Staff with Scott Wells, FEMA, in New Orleans, LA (Nov. 9, 2005). 15 Interview by Select Comm. Staff with Gordon Mitchell and Ralph “Joey” Booth, Louisiana State Police in Baton Rouge, LA (Nov. 9, 2005). 16 Interviews by Select Comm. Staff with Jerry McRay, Branch Chief, Information Technology Systems, Alabama Emergency Management Agency

EOC offi cials in Clanton, AL (Oct. 11, 2005). 17 Interviews by Select Comm. Staff with Alabama Emergency management Agency EOC offi cials in Clanton, AL (Oct. 11, 2005). 18 Hearing on Communications in a Disaster Before the Senate Comm. on Commerce, Science & Transportation, 109th Cong. (Sept. 22, 2005) (statement

of Hossein Eslambolchi, President, AT&T Global Networking Technology Services and AT&T Labs) [hereinafter Sept. 22, 2005 Senate Commerce Comm. Hearing].

19 DHS National Infrastructure Simulation and Analysis Center, Fast Analysis Report (Update to Refl ect Category 5 Status) to DHS IP on Hurricane Katrina, Gulf coast at 1-2 (Aug. 28, 2005) (emphasis supplied).

20 Dec. 14, 2005 Select Comm. Hearing at 3 (written statement of Col. Terry Ebbert). 21 Hearing on Hurricane Katrina Before the Comm. on Energy & Commerce, 109th Cong. (Sept. 7, 2005) (statement of Kenneth P. Moran, Acting

Director, Offi ce of Homeland Security Enforcement Bureau, Federal Communications Commission). 22 Joab Jackson, Telecom infrastructure was no match for Katrina, WASH. TECH., Nov. 7, 2005 [hereinafter Telecom Infrastructure Article]. 23 Id. 24 Interview (telephone) by Select Comm. Staff with Anthony Melone, Vice President of Network Operations Support, Verizon Wireless (Jan. 27,

2006); See also, E-mail correspondence from Hans Leutenegger to Anthony Melone and Select Comm. Staff (Jan. 30, 2006) (9:45 a.m.). 25 BellSouth Press Release (Sept. 2, 2005). Prior to Katrina, BellSouth Corporation served 1.9 million lines in Louisiana. Approximately 1.03

million lines (54.2%) were initially affected. In Mississippi, approximately 438,000 (39.8%) were affected, and in Alabama 93,000 (5.5%) of the state’s 1.7 million lines were effected. By Sept. 2, approximately 144,000 remained out of services in New Orleans due to long term displacement. BellSouth News Release, Sept. 2, 2005.

26 Hearing on Communications Interoperability Before the Senate Comm. on Commerce, Science & Transportation, 109th Cong. (Sept. 29, 2005) at 5-6 (written statement of Chief Willis Carter, First Vice President of the Assoc. of Public Safety Communications Offi cials-Int’ and Chief of Communications, Shreveport Fire Department, Shreveport, LA) [hereinafter Sept. 29, 2005 Senate Commerce Comm. Hearing].

27 Julia Harwell Segars, Katrina’s Wrath, OPTIMIZE, Oct. 2005. 28 Congressional Research Service Report RL32594, Public Safety Communications Policy, by Linda K. Moore (Updated Jan. 5, 2006). 29 Id. 30 Interview by Select Comm. Staff with Major General Harold A. Cross, Adjutant General, Mississippi National Guard in Jackson, MS (Oct. 13,

2005). 31 Hearing on Hurricane Katrina: Perspectives of FEMA’s Operations Professionals Before the Senate Comm. on Homeland Security and Governmental

Affairs, 109th Cong. (Dec. 8, 2005) at 3 (statement of Phillip E. Parr, Deputy Federal Coordinating Offi cer, FEMA Joint Field Offi ce, Austin, TX) [hereinafter Dec. 8, 2005 Senate Homeland Security and Governmental Affairs Comm. Hearing].

32 Id. 33 Interview by Select Comm. Staff with Maj. Gen. Harold A. Cross, Adjutant Gen., Mississippi National Guard at Jackson, MS (Oct. 13, 2005). 34 Interview by Select Comm. Staff with Lt. Col. Lee Smithson, Mississippi National Guard, in Gulfport, MS (Jan. 19, 2006). 35 Id. 36 See http://www.fema.gov/rrr/mers01.shtm (last visited Jan. 26, 2006). 37 Id.

180 A FAILURE OF INITIATIVE

38 Hearing on Hurricane Katrina: The Role of the Federal Emergency Management Agency Before Select Comm., 109th Cong. (Sept. 27, 2005) at 32-33 (statement of Michael D. Brown, former Dir., FEMA) [hereinafter Sept. 27, 2005 Select Comm. Hearing].

39 Interview by Select Comm. Staff with Colonel Mark Mouton and Lieutenant General Jacques Thibideaux, Louisiana National Guard, in New Orleans, LA (Nov. 3, 2005).

40 Matt Welch, They Shoot Helicopters, Don’t They? How journalists spread rumors during Katrina, REASON ONLINE, Dec. 2005, available at http:// www.reason.com/0512/co.mw.they.shtml, (last visited Jan. 25, 2006) [hereinafter Media Rumors Article].

41 Telecom Infrastructure Article. 42 Media Rumors Article. 43 Briefi ng for Select Comm. Members and Staff by Mayor Favre, Bay St. Louis, MS, in Hancock County, MS (Jan. 20, 2006). 44 Interview by Select Comm. Staff with Bruce Baughman, Dir., State of Alabama Emergency Management Agency, in Clanton, AL (Oct. 11,

2005). 45 This simulcast trunked radio system consisting of three 20 channel sites and two 10 channel sites was installed in 2003 to serve law

enforcement, fi re, emergency medical, emergency management, and public utility services in Harrison County, which includes the cities Gulfport and Biloxi, MS.

46 E-mail correspondence from Benjamin J. Spraggins, Dir., Harrison County Emergency Management Agency, to Select Comm. Staff (Feb. 1, 2006) (2:53 p.m.).

47 Dec. 7, 2005 Select Comm. Hearing at 56 (statement of Robert R. Latham, Jr.). 48 Id. at 3-4. 49 Id. at 7 (statement of Bobby Strahan, MCEM, Director, Pearl River County Emergency Management Agency). 50 Id. at 97 (statement of Robert R. Latham, Jr.). 51 Interview (telephone) by Select Comm. Staff with Bobby Strahan, MCEM, Director, Pearl River County Emergency Management Agency (Nov.

29, 2005). 52 Id.; Dec. 7, 2005 Select Comm. Hearing at 2, 7-8 (statement of Bobby Strahan). 53 Interview by Select Comm. Staff with Matt Farlow, Information Technology Divisions Chief, LA Offi ce of Homeland Security and Emergency

Preparedness (Nov. 4, 2005). 54 Briefi ng for Select Comm. Staff by Larry Ingargiola, Director, Offi ce of Homeland Security and Emergency Management, St. Bernard Parish, in

St. Bernard Parish, LA (Nov. 3, 2005). 55 Sept. 22, 2005 Senate Commerce Comm. Hearing (written statement of Kevin J. Martin). 56 Id. 57 Id. 58 Dec. 7, 2005 Select Comm. Hearing at 35 (written statement of Robert R. Latham, Jr.). 59 Id. 60 Id. at 1 (written statement of Benjamin J. Spraggins; Id. at 4 (written statement of Robert R. Latham, Jr). 61 Id. at 4 (written statement of Robert R. Latham, Jr). 62 LA State Police Report, Louisiana Totally Interoperable Environment at 3 (Dec. 7, 2005). 63 Hearing on Hurricane Katrina: Hurricane Katrina Evacuations Before the Senate Comm. on Homeland Security and Gov’t Affairs, 109th Cong. (Feb. 1,

2006) (testimony of C. Ray Nagin, Mayor of New Orleans, LA). 64 Dec. 14, 2005 Select Comm. Hearing (written statement of Col. Terry Ebbert). 65 Sept. 29, 2005 Senate Commerce Comm. Hearing at 1 (written statement of Dereck Orr, Program Manager of Public Safety Communications,

Nat’l Institute of Standards and Technology). 66 Sept. 22, 2005 Senate Commerce Comm. Hearing at 5 (statement of Sen. Rockefeller). 67 Oct. 26, 2005 Comm. on Homeland Security Hearing (written testimony of Dr. Linton Wells II, Acting Ass’t Sec’y of Defense, Networks and

Information Integration, and DOD Chief Information Offi cer). 68 Sept. 29, 2005 Senate Commerce Comm. Hearing at 2 (written statement of David Boyd, Deputy Director, Offi ce Systems Engineering &

Development, DHS). 69 Correspondence from Colonel Henry L. Whitehorn, Superintendent, LA State Police, to Select Comm. (Dec. 29, 2005) [hereinafter Col.

Whitehorn correspondence]. 70 Dec. 14, 2005 Select Comm. Hearing at 3 (written statement of Col. Terry Ebbert). 71 Louisiana State offi cials claim for “Louisiana to achieve true interoperability, the initial acquisition cost infrastructure and equipment is

$552,680, 423” thus rendering “the achievement of true interoperability at the state level virtually impossible.” See also Col. Whitehorn correspondence.

72 Dec. 14, 2005 Select Comm. Hearing at 3-4 (written statement of Col. Terry Ebbert); Col. Whitehorn correspondence. 73 Matthew Fordahl, U.S. Lacks Unifi ed Emergency Radio System, ASSOC. PRESS, Sept. 13, 2005 [hereinafter Radio System Article]. 74 Col. Whitehorn correspondence. 75 The COPS Offi ce was created by Title I of the Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322). The mission of the

COPS Offi ce is to advance community policing in all jurisdictions across the United States. The COPS Offi ce awards grants to state, local and tribal law enforcement agencies throughout the United States so they can hire and train law enforcement offi cers to participate in community policing, purchase and deploy new crime-fi ghting technologies, and develop and test new and innovative policing strategies.

76 Congressional Research Service Memo, FEMA Hazard Mitigation, COPS and ODP Grants Awarded in Alabama, Louisiana and Mississippi in Fiscal Years 2003-2005 (Dec. 21, 2005).

77 Id. 78 Interview (telephone) by Select Comm. Staff with Gilbert Moore, COPS Program External Affairs Offi ce (Sept. 27, 2005). 79 Radio System Article. 80 Interview by Select Comm. Staff with Gregg Meffert, Chief Information Offi cer, City of New Orleans, in Wash., DC (Oct. 18, 2005).

A FAILURE OF INITIATIVE 181

81 Dec. 14, 2005 Select Comm. Hearing at 3 (written statement of Col. Terry Ebbert). 82 The NCS began in 1962 after the Cuban missile crisis when communications problems among the United States, the Union of Soviet

Socialist Republics, the North Atlantic Treaty Organization, and foreign heads of state threatened to complicate the crisis further. After the crisis, President John F. Kennedy ordered an investigation of national security communications, and the National Security Council (NSC) formed an interdepartmental committee to examine the communications networks and institute changes. This interdepartmental committee recommended the formation of a single unifi ed communications system to serve the President, Department of Defense, diplomatic and intelligence activities, and civilian leaders in order to provide better communications support to critical government functions during emergencies. The NCS mandate included linking, improving, and extending the communications facilities and components of various federal agencies, focusing on interconnectivity and survivability. See NCS website: http://www.ncs.gov/faq.html (last visited Jan. 31, 2006).

83 Oct. 26, 2005 Homeland Security Comm. Hearing at 3 (written statement of Dr. Peter M. Fonash). 84 Interview by Select Comm. Staff with Dr. Peter M. Fonash, in Wash., DC (Jan. 27, 2006). 85 Oct. 26, 2005 Homeland Security Comm. Hearing at 3 (written statement of Dr. Peter M. Fonash). 86 Id. 87 Id. at 4. 88 Briefi ng for Select Comm. Staff by Edward A. Favre, Mayor, Bay St. Louis, MS, in Bay St. Louis, MS (Oct. 13, 2005). 89 Hearing on Back to the Drawing Board: A First Look at Lessons Learned from Katrina Before the Government Reform Comm., 109th Cong. (Sept. 15,

2005), at 257-58 (written statement of Jim Haynie, President, National Association for Amateur Radio). 90 Sept. 29, 2005 Energy & Commerce Comm. Hearing (written statement of Harold Kramer, Chief Operating Offi cer, American Radio Relay

League). 91 Oct. 26, 2005 Comm. on Homeland Security Hearing at 9 (written statement of Dr. Peter M. Fonash). 92 Id. at 7.

182 A FAILURE OF INITIATIVE

“Natural disasters will always be chaotic situations. But with proper planning

and preparation, it is possible to respond quickly to restore order and begin

recovery efforts.” Bob Riley

Governor, State of Alabama

Select Committee hearing, November 9, 2005

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COMMAND AND CONTROL

Command and Control was impaired at all levels, delaying relief

Summary

Command and control are key aspects of emergency

management, and the federal government has taken

several steps, most notably developing an Incident

Command System (ICS), to promote unity of command

among local, state, and federal authorities. However,

during and immediately after Hurricane Katrina made

landfall, there were lapses in command and control

within each level of government, and between the three

levels of government.

Local governments’ command and control was often

paralyzed by the complete destruction of their entire

emergency management infrastructure. While state

command and control facilities (such as the Emergency

Operations Centers (EOCs)) were generally intact after

the storm, the magnitude of the storm and a variety of

operational factors impaired their unity of command. The

federal government also struggled to maintain unity of

command across different agencies and within individual

agencies. These problems exacerbated the challenges

of coordinating across all levels of government and

prevented overall unity of command.

One of the factors that impaired command and

control was the lack of communications and situational

awareness. While the reasons for these defi ciencies

were detailed previously (see the COMMUNICATIONS

chapter), their impact was to paralyze normal command

and control mechanisms. Local governments in

many locations in Louisiana and Mississippi lost all

communications capabilities for some period. This

prevented them from communicating their situation and

needs to the state level.

The state EOC in Louisiana experienced its own

communications problems. State offi cials in the EOC

could not reliably communicate with local offi cials, other

state offi cials, or federal offi cials. Similarly, the federal

government lost some communications, and initial

efforts to bring in supplemental capabilities to improve

command and control were unsuccessful. Other key

factors that impaired command and control can be traced

to a lack of suffi cient qualifi ed personnel, inadequate

training, and limited funding.

The lack of effective command and control, and its

impact on unity of command, degraded the relief efforts.

Delays and otherwise poor assistance efforts caused by a

lack of command and control are documented in this and

other chapters. They include:

■ delayed and

duplicative

efforts to plan

for and carry

out post landfall

evacuations at the

Superdome;

■ uncoordinated

search and rescue

efforts that resulted

in residents being

left for days without food and water;

■ separate military commands for the National Guard

and Department of Defense (DOD) active duty troops;

■ confusion over deliveries of commodities because

some offi cials diverted trucks and supplies without

coordination with others;

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■ lack of clarity as to who was assisting hospitals to

evacuate; and

■ the collapse of the New Orleans Police Department and

its ability to maintain law and order.

Finding: Command and Control was impaired at all levels of government

Command and control are key aspects of emergency management

Command and control are key aspects of emergency

management, and the federal government has taken

several steps to promote unity of command among

local, state, and federal authorities. For example, the

National Incident Management System (NIMS) was

developed in 2004 to enable all responders, regardless

of jurisdictions or discipline, to effectively and

effi ciently work together. The NIMS “provides a

nationwide template enabling federal, state, local,

and tribal governments and private-sector and

nongovernmental organizations to work together

effectively and effi ciently to prevent, prepare for,

respond to, and recover from domestic incidents

regardless of cause, size, or complexity.”1

In addition, NIMS incorporated the ICS, which

has been in existence since the early 1970s. ICS

is the standardizing scalable concept designed to

provide for an integrated and organized structure

while eliminating jurisdictional boundaries.2

The National Response Plan (NRP) calls for the

implementation of NIMS and the ICS upon

activation of the NRP to ensure maximum

fl exibility of operation during the situation at

hand.3

Optimal levels of coordination occur when there is

unity of command, unity of effort, and an accepted chain

of command. Unity of effort encompasses the concept

that all parties to a mission should be focused upon the

same agreed-to objectives and should work together to

achieve them. Unity of command is the concept that an

individual has only one superior to whom he or she is

directly responsible, creating a clear line of supervision

and command and control.

Chain of command furthers the concept of unity of

command, creating a line of authority from the lowest

ranking individual to those in command, establishing a

highly effective and effi cient system. It requires that orders

are given only to those directly below an individual in

the chain of command and orders are received from only

those directly superior in the chain of command. Those at

the appropriate level in the chain of command can then,

as authorized, coordinate their activities with peers in

their partner organizations.

Many local governments lost command centers or otherwise could not establish unity of command

Achieving unity of command — with local, state, and

federal authorities all acting together seamlessly to

plan and conduct emergency operations — is often a

challenge during a major disaster. It was particularly

so when Hurricane Katrina made landfall. Local

governments’ command and control was often paralyzed

by the complete destruction of their entire emergency

management infrastructure.

In Alabama, local counties had the least problems

with command and control. Because Katrina turned to

the west and hit Mississippi and Louisiana the hardest,

Alabama counties were able to maintain their emergency

management infrastructure. Both Baldwin and Mobile

counties still had operating EOCs and generally were able

to stay in contact with the state EOC.4

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In Mississippi,

there was a

massive storm

surge that

destroyed

government

facilities, making

it very diffi cult for the local communities to establish

command and control. According to FEMA’s Federal

Coordinating Offi cer (FCO) for Mississippi, Bill Carwile,

much of the emergency management and public safety

infrastructure was destroyed in the coastal counties.5

Mayor of Waveland Tommy Longo said the city staged

at various points around the city some of the resources

it expected to need to respond to the storm’s damage,

and it also staged some of these resources about 10 miles

north of the city as a backup in the event of a catastrophic

event.6 Despite the city’s preparations, the hurricane

destroyed these resources. The storm decimated all of

Waveland’s public buildings, severely limiting its ability to

provide command and control and to mount a response

to the storm.7

Similarly, Hancock County lost its EOC—the location

from which it expected to provide command and control

for the county’s response to the storm—because of severe

fl ooding early on in the hurricane.8 Pearl River County

also lost its EOC in the early hours of the storm due to

wind and water damage that knocked out its emergency

backup generator and caused other damage, making the

center inoperable.9

In Louisiana, there was a similar level of destruction

to the basic emergency management infrastructure at

the parish level. Many of the parish EOCs and public

safety facilities were wiped out or fl ooded.10 While

Jefferson Parish was hard hit, it was in better shape to

respond because it had protected its EOC. Jefferson Parish

Emergency Manager Dr. Walter Maestri explained the

EOC was in a hardened facility — an old incinerator with

cement walls — with the command center, living quarters,

and emergency generator all on upper fl oors.11 While the

EOC suffered immediate problems with communications

being down, and it eventually had a shortage of fuel for its

generator, it was able to keep operating at some level.12

Lack of command and control was particularly a

problem in New Orleans. The authorities in the city

lost their command and control facilities after the levee

breaches and subsequent fl ooding. The city abandoned

its EOC when City Hall was fl ooded and the emergency

generator was fl ooded, cutting out power.13 As discussed

in more detail in the LAW ENFORCEMENT chapter, the

New Orleans Police Department headquarters and district

stations were fl ooded, crippling command and control

for that department.14 Similarly, the Louisiana National

Guard, with headquarters at Jackson Barracks in New

Orleans, lost its command and control due to fl ooding

and had to abandon its operations center and re-establish

it in an elevated parking structure at the Superdome.15

According to Lieutenant General H Steven Blum, Chief

of the National Guard Bureau, “…Jackson Barracks

fl ooded at the most inopportune time, and he [Major

General Landreneau—the Louisiana Adjutant General]

had to relocate in the middle of trying to gain situational

awareness and coordinate the response.”16 Thus, in New

Orleans, for at least some period of time, emergency

managers, the police, and the military lost command

and control over their own personnel and lost unity of

command with the other local, state, and federal agencies

that needed to be involved in the relief efforts.

Even where there was still some infrastructure in

place and communications were less of a problem, local

command and control suffered from lack of clarity. The

most notable example of this was at the Superdome in

New Orleans. Although there were both National Guard

and New Orleans Police Department offi cials on site to

physically establish a unifi ed command and personally

talk to each other face to face, there was no consensus

on who was in charge. Louisiana National Guard offi cers

who ran security operations at the Superdome, Colonel

Mark Mouton and LtC. Jacques Thibodeaux said the New

Orleans Police Department had the lead for command

and control.17 They stated that the National Guard was

there in support of the police.18

These statements directly confl ict with New Orleans

Police Department comments that the National Guard

had the lead for command and control at the Superdome.

Deputy Chief Lonnie Swain, the senior New Orleans Police

Department offi cer at the Superdome, said the National

Guard always had the lead for command and control at

the Superdome and the police were there in support of the

military.19 In support of this position, New Orleans offi cials

said the Superdome was a state facility, so a state agency

(the National Guard) would naturally be in charge.20

One FEMA offi cial, Deputy FCO Scott Wells, also said

there was no clear unity of command at the Superdome.

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He said he arrived there on Wednesday, August 31, and

when he tried to contact the leadership at the location to

coordinate FEMA activities, he found “nobody in charge,

and no unifi ed command.”21 For example, he said there

was no organization or structure to collect requests,

prioritize them, and pass them on to the next appropriate

echelon. He described the conditions as “chaotic” and said

there appeared to be no one planning the next steps.22

The Cloverleaf was another location in New Orleans

where the command and control structure was unclear.

Louisiana State Police offi cials Ralph Mitchell and Joseph

Booth stated that one government agency (they did not

know which one) set up a medical triage and treatment

center at the Cloverleaf on Wednesday, August 31.23

Crowds grew there as people came to the dry land on their

own accord or were dropped off by the helicopters or

boats that rescued them from the water.

On Thursday, September 1, medical patients were

evacuated, but the rest of the crowd grew to about 6,000-

7,000 people. By Thursday afternoon and evening, the

crowd started getting restless. At one time, there were 60

state police offi cers there, in addition to National Guard

troops. The two offi cials — who had been on site — said

they did not know who was in charge of command and

control or which agency had set up the medical triage

center there in the fi rst place.24 Later on Thursday night

and Friday morning, some relief came from FEMA and

the National Guard, and the Cloverleaf was completely

cleared by Saturday, September 3.25

The Convention Center, discussed in more detail

in the EVACUATION chapter, suffered from no offi cial

presence at all. There was not even an attempt to establish

command and control there until the rescue mission

arrived on Friday, September 2 (four days after landfall).26

While there may have been some type of command

structures set up at both the Superdome and the

Cloverleaf, they do not appear to have been effective.

The fact that the senior offi cials who were stationed at or

visiting these locations disagreed on who was in charge,

could not fi nd out who was in charge, or did not know

who was in charge, shows there was a signifi cant lapse in

command and control and demonstrates there was little

unity of command at these locations in New Orleans.

State government unity of command was impaired by the magnitude of Katrina and other operational factors

While state command and control facilities (such as their

EOCs) were generally intact after landfall, the magnitude

of the storm and a variety of operational factors impaired

their unity of command.

Again, Alabama encountered the fewest command

and control problems because it was least affected by

Katrina. According to Alabama Emergency Management

Agency (EMA) Director Bruce Baughman, the state EOC

was up and running, with effective command and control

throughout the hurricane and its aftermath. Unlike

Louisiana (discussed below) where the parishes and

EOC lost use of their emergency management software,

Alabama used its software effectively. The software, known

as “EM 2000,” was used by county EOCs to send requests

for assistance and by the state EOC to task appropriate

state or federal agencies and to track the status.27 Select

Committee staff were able to review the EM 2000

database and confi rm the system was effectively used to

track and close out many of the local requests.

Many examples demonstrate the effectiveness of

Alabama’s EOC and the EM 2000 system. On August 29

at 9:30 p.m. the Mobile Police Department requested

vehicles for search and rescue operations. This task was

marked complete in the EM 2000 database in a little over

one hour at 10:41 p.m.28 Earlier on August 29, Baughman

ordered 40 truck loads of ice and 40 truck loads of water

from Lipsey Water. This task was marked complete by 2:00

p.m. the next day.29 At 6:41 p.m. on August 29, Baldwin

County EMA requested, through EM 2000, fi ve generators

for use at water wells. This task was marked complete at

9:16 am the next morning.30

When some FEMA requests were made, however, they

were not immediately addressed. On August 29, Mobile AP P

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County EMA Director Walter Dickerson requested two

FEMA operations personnel and two FEMA logistics

personnel to augment his staff. This need was not

addressed until September 21.31 Similarly, on August 30,

when Monroe County requested shelter supplies from

FEMA, it had to wait for six days for the task to be closed.

150 cots were needed in addition to a self-contained

shower and bath trailer.32

The Select Committee encountered severe

disagreements about whether the State of Louisiana

maintained effective unity of command. Some FEMA

offi cials were very critical of Louisiana’s command and

control. Michael Brown, Director of FEMA during Katrina,

called the state of Louisiana “dysfunctional” and said it

did not have unity of command.33 Brown cited this as one

of the main reasons for delays in relief efforts in Louisiana

and New Orleans.34

In addition, Wells said there was no unity of command

in the EOC. Wells was particularly critical of the state

for not practicing unity of command with the federal

government’s planning and coordination efforts.35 Wells

said state offi cials were “preoccupied with the evacuation”

and would not participate in critical pre-landfall “hasty”

planning in other areas such as (1) search and rescue,

(2) rapid assessment teams, (3) medical evacuation,

(4) sheltering and temporary housing, (5) commodity

distribution, and (6) debris removal.36

According to Wells, these “hasty plans” would have

helped guide the course of activities for the fi rst couple

of days after landfall, when situational

awareness was weak and before more

deliberate planning could take place.37

FEMA went ahead and developed the hasty

plans, but without the benefi t of state

EOC personnel participating. He said such

state personnel should have participated

because they had expertise in state and local

conditions and capabilities.38

The only exception to this was the

commodity distribution hasty plan. Wells

said that was the only plan the state worked

with FEMA to develop before landfall.39 As

another example, Wells cited the incident

(covered in more detail in the MILITARY chapter)

where the Louisiana Adjutant General requested DOD

active duty forces directly without going through or

even notifying FEMA.40 Instead of practicing unity of

command, Wells said the state bypassed FEMA for federal

assistance, then later complained FEMA did not know

what was going on, and that FEMA could not coordinate

the federal effort.41

Other FEMA offi cials were not as harsh in their

criticisms of Louisiana. Bill Lokey, the FEMA FCO in

the state EOC, said there was at least a minimum level

of command and control and unity of command, to

the extent the various parties were working together to

set common priorities for common objectives.42 Lokey

attributed any lack of unity of command and control to

a variety of operational factors (detailed below) and the

catastrophic nature of the event.43

Similarly, another FEMA offi cial who was in the

EOC and in New Orleans, Deputy FCO Phil Parr, said

some level of chaos occurs in any disaster, so it was not

particularly unusual that the EOC seemed chaotic under

the circumstances.44 As discussed in the next section, Lokey

and Parr both stated that not only was the state government

overwhelmed by the magnitude of the disaster, but the

federal government was overwhelmed as well.45

Louisiana state offi cials, including State Coordinating

Offi cer (SCO) Jeff Smith, countered FEMA criticisms by

saying the EOC was fully functional.46 Smith said it was

always clear who was in charge at the EOC: the SCO.

Michael Brown, Director of FEMA during Katrina, called the state of Louisiana “dysfunctional” and said it did not have unity of command.

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He also maintained the EOC and the state did maintain

unity of command.47 In response to then-FEMA Director

Brown’s comment that he arrived at the EOC and could

not fi gure out who was in charge, Smith said that such

comments were “just plain bull.”48 Smith stated — and

Lokey concurred — that the SCO and FCO worked closely

together throughout the crisis.49 Smith also provided the

Select Committee with a photo taken during the crisis

of Lokey and Smith together in the EOC.50 According to

Smith, “if FEMA Director Michael Brown had wanted to

fi nd out who was in charge of the EOC, all he had to do

was fi nd his FEMA FCO, because I was standing right next

to him.”51

The Select Committee attempted to make an

independent determination of the effectiveness of

command and control in the EOC by listening to

conference calls between the EOC and parishes.52 Based

on a review of pre-landfall conference calls, the EOC

appeared to be organized and unifi ed to the limited

extent this could be determined through these calls.53 For

example, the SCO was clearly in charge of coordinating

state and parish activities and managing all discussions

and decisions in an orderly and logical fashion.54

Participation in the calls was very broad, to include

multiple state agencies, more than a dozen key parishes,

federal agencies, other states, and the American Red Cross.

In addition, every organization got its opportunity to talk,

and there was time for each organization to ask questions.

It appeared pre-landfall decisions and issues were fully

vetted among the participants. However, these conference

calls do not cover the period just after landfall — the

most critical and challenging time for establishing and

maintaining command and control.55

Despite the disagreements over the degree of effective

command and control in the state EOC, federal and state

offi cials both cited several operational factors that made

unity of command diffi cult to maintain. Among the most

signifi cant factors were a lack of communications and

situational awareness and a lack of suffi cient qualifi ed

personnel, inadequate training, and limited funding.

These are described later in this chapter as separate

fi ndings. The other operational factors impairing

command and control in the state EOC, described by

a number of federal and state offi cials, included the

following:

■ Katrina’s late turn toward Louisiana: State offi cials indicated that Katrina had taken a “dramatic shift”

toward Louisiana on Friday (August 26). They said they

were not fully aware of the situation until Saturday and

were therefore not as prepared as they otherwise would

have been.56

■ Overwhelming number of requests: The size of Katrina and the destruction she wrought was

immense, including the fl ooding of New Orleans and

subsequent problems with security and the post-

landfall evacuation. All of these circumstances led to an

overwhelming number of requests for assistance.57

■ Overcrowding in the EOC: The EOC building and main room were very crowded by the large contingent

of state and federal offi cials. 58 The EOC main room

has a capacity of about 50 people, but there were about

200 people. The EOC building as a whole was also

overcrowded with about 750-1,000 people in it. There

were only 12 Emergency Support Function (ESF) rooms

for 15 ESFs. State offi cials cited the size of the current

Joint Field Offi ce (JFO) (in an old department store

with thousands of staff) as an indication of the amount

of physical space and number of people needed to run

an operation the size of Katrina.59

■ EOC Information Technology was overloaded: The Information Technology system was overloaded by the

number of additional computers logged in and the

volume of information processed. This was slowing

down and destabilizing the system, and offi cials had to

add two servers in the middle of the response.60

■ Deviation from normal procedures: Due to the overwhelming number of requests and degraded

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communications, offi cials had to deviate from normal

procedures for requesting assistance.61 The federal

government contributed to this problem by also

deviating from normal procedures. Specifi cally, other

federal agencies tasked FEMA directly rather than

putting requests to the parishes in the fi rst place so they

could go through the normal process (e.g., from the

parish to the state and then to FEMA to be mission-

assigned to other federal agencies.)62

■ Freelancing by other federal, state, and local agencies: State offi cials said, and a FEMA offi cial confi rmed, that federal agencies were “freelancing,”

or just showing up without coordinating with the

appropriate authorities at FEMA or the state. They

would bypass the command structure and just appear

in the EOC.63 In addition, several freelancers showed

up from other state and local agencies, again, without

coordinating with the appropriate authorities. They too

would just appear in the EOC not knowing what to do.64

■ Visits by politicians and celebrities: Several elected offi cials from the state and national levels showed up in

the EOC. While they just wanted to see what was going

on and were trying to help, their presence distracted

the EOC personnel.65 There were similar visits by

celebrities such as Oprah Winfrey and Sean Penn.66

Most visits by elected offi cials and celebrities had large

media crews covering them, further distracting the EOC

personnel from their more urgent tasks.67

State offi cials who directed operations in the EOC

— Col. William Doran and Mr. Jim Ballou — noted that

with all of these operational factors, it would be easy for

an outsider to conclude the EOC was a chaotic place.68

In response to criticism from FEMA’s Michael Brown,

these two state offi cials (as well as the SCO Smith) said

some level of confusion was to be expected in the EOC

under the circumstances. They said FEMA should have

been more sympathetic and provided more assistance

when it was clear Louisiana was overwhelmed by the size

of Katrina’s devastation.69

Federal government also lacked unity of command across and within agencies

Like the states, the federal government also struggled

to maintain unity of command across and within

agencies. According to Louisiana SCO Smith, the federal

government did not follow its own plan, the NRP, which

calls for a unifi ed command. In his prepared statement

before the Select Committee, Smith stated “[a]nyone who

was there, anyone who chose to look, would realize that

there were literally three separate Federal commands.”70

Smith’s statement goes on to describe these three separate

command structures:

■ FCO and Joint Field Offi ce (JFO): This was the unifi ed

joint command with the FCO (Lokey) and SCO

(Smith) located initially at the state EOC, then moved

to the Joint Field Offi ce (in the old department store)

once that was established.71 The FCO, by doctrine, is

the individual that is supposed to be in charge of all

federal response operations, and only the FCO has the

authority to obligate federal funds.72

■ Principal Federal Offi cial (PFO): Smith said that “[t]he

Primary [sic] Federal Offi cer (PFO) by doctrine is not

supposed to be an operational person directly involved

in response activities . . . . The PFO in Katrina went

operational and began directing and guiding response

operations and to a large degree left out the Federal

Coordinating Offi cer (FCO).”73 This was inconsistent

with the NRP: “The PFO cell was operating on its

own, communicating directly with the Governor,

communicating directly with the Mayor of New

Orleans and a myriad of other local elected offi cials,”

Smith said.74

■ Joint Task Force Katrina: This command was intended

to serve DOD active duty forces. According to Smith,

“[w]henever the task force commander of Hurricane

Katrina, General Honoré, came onto the scene, he

was also operating independently with little regard

whatsoever for the Joint Field Offi ce, which should

have been the only unifi ed command.”75

The Select Committee found ample evidence

supporting the view that the federal government did not

have a unifi ed command. For example, FEMA offi cials

Lokey and Wells supported Smith’s position, saying the

PFO was not supposed to have an operational role and

FEMA should have been more sympathetic and provided more assistance when it was clear Louisiana was overwhelmed by the size of Katrina’s devastation.

190 A FAILURE OF INITIATIVE

was not supposed to bypass the FCO.76 They stated the

initial PFO, Michael Brown, followed protocol. However,

the second PFO, Coast Guard Admiral Thad Allen,

immediately began directing operations and established

a separate command in New Orleans, set apart from the

SCO and FCO in the Joint Field Offi ce. Both FEMA offi cials

said Allen’s direction of operations as a PFO exceeded his

authorities as enumerated in the Stafford Act.77

Eventually Allen was appointed FCO in addition to

PFO.78 As Smith noted, “DHS in essence acknowledges

that there was a problem …when DHS appointed the

PFO as the FCO as well. DHS discovered the PFO did not

have the authority to obligate money. Only the FCO has

authority to obligate money.”79 This issue also arose in

an April 2005 national level exercise sponsored by DHS

called TOPOFF 3, where there was confusion over the

different roles and responsibilities performed by the PFO

and FCO.80 The PFO issue is also discussed in detail in the

NATIONAL FRAMEWORK chapter.

FEMA offi cials also acknowledged that DOD frequently

acted on its own, outside the established unifi ed

command. Lokey said Honoré was directing activities

from his JTF Katrina command ship (the USS Iwo Jima,

docked pier-side in Orleans) without coordinating with

the FCO at the state EOC and later the Joint Field Offi ce.81

He said Honoré, like the PFO was coordinating directly

with local parishes and was accepting taskings from

them, which violated established federal protocols.82

Requests for assistance are supposed to go from the

local level, to the state SCO, then to the FEMA FCO,

and if appropriate, then to the Defense Coordinating

Offi cer for DOD support.83 Some may forgive Honoré

for bypassing this process because it was broken and

therefore unworkable after Katrina (as we discuss in the

NATIONAL FRAMEWORK chapter). In fact, Lokey praised

Honoré for “doing what had to be done to get things

moving.”84 However, one of the results of Honoré’s modus

operandi of acting independently was further impairing

FEMA’s ability to maintain unity of command across the

federal government. Assistant Secretary of Defense Paul

McHale testifi ed that “[m]ilitary command and control

was workable, but not unifi ed.”85 Additional diffi culties

between FEMA and DOD are discussed in the MILITARY

chapter.

In addition to the problems with establishing and

maintaining a unifi ed command with DOD, FEMA

struggled to establish a unifi ed command with other

organizations within DHS. According to Wells, the

Coast Guard did not fuse their command in the search

and rescue operation with the state and FEMA. Wells

stated that for “the U.S. Coast Guard, who had junior

offi cer representation but no authority to direct search

and rescue air operations, all operations were directed

by senior Coast Guard offi cers from another location.

These offi cers refused to meet and conduct joint search

and rescue operations with FEMA and state agencies.”86

Captain Bruce Jones, the Coast Guard offi cer in charge

of air operations, commented that airborne search and

rescue was suffi ciently coordinated between the Louisiana

National Guard’s Task Force Eagle at the Superdome and

the Coast Guard’s air operations center at Belle Chasse

Naval Air Station and that having two incident commands

was an effective way to divide the work load.87 Regardless

of the positive outcome of saving lives, there was not unity

of command across the function of search and rescue.

In addition to its problems coordinating with other

federal agencies, FEMA had problems coordinating its

own activities. Because most communications systems

were impaired, Lokey could not talk directly with his

advance team leader in New Orleans, Parr.88 Thus, they

were unable to coordinate their activities. As another

example, Lokey and his staff in the EOC did not know

another FEMA offi cial, Marty Bahamonde, was in New

Orleans during and immediately after landfall until

they were informed by FEMA headquarters on late

Monday, August 29. Before that time, they did not even

know Bahamonde was there or what his function was.89

More generally, Lokey said the federal government and

particularly FEMA, were overwhelmed.90 Overwhelmed

organizations cannot achieve unity of command.

Louisiana EOC

conference calls

provide additional

evidence there was a

lack of coordination

within FEMA.91

Once emergency communications were restored and

the Louisiana EOC restarted its conference calls with the

Lokey said the federal government and particularly FEMA, were over- whelmed. Overwhelmed organizations cannot achieve unity of command.

S TA

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O F

L O

U IS

IA N

A

A FAILURE OF INITIATIVE 191

parishes on September 9, it was clear FEMA activities were

not well-coordinated. The September 9 call recorded a

discussion in which Smith stated FEMA’s “right hand is not

always knowing what the left hand is doing.”92

Parish offi cials agreed with this assessment and

provided several examples. They noted the local FEMA

representatives (situated in the parish EOCs) were working

hard to resolve their problems, but that “other FEMA

people just keep showing up.”93 The call indicates some

FEMA offi cials were making commitments to various local

elected offi cials, without coordinating with the FEMA FCO,

the state EOC, or the parish EOC. One parish offi cial said

this situation was “creating downright chaos.”94

Temporary housing was cited as a particular area where

FEMA coordination was unacceptable to the state and

parishes. According to Smith, a FEMA regional housing

team was not coordinating with the JFO. Smith said he

“blew his top” that morning because these FEMA regional

offi cials were bypassing the state and parish EOC process

in planning for temporary housing. FEMA needs to have

appropriate state and parish representatives involved in

any FEMA discussions of temporary housing, he said.

Smith told the parishes the FEMA FCO needs to “ride

herd” on the FEMA regional housing group so they follow

established procedures.95

Finding: Lack of communications and situational awareness paralyzed command and control

Localities, without communications, could not participate in unifi ed command

One of the key factors that impaired command and

control was the lack of communications and situational

awareness. While the reasons for these defi ciencies

were detailed previously (see the COMMUNICATIONS

chapter), their impact was to paralyze normal command

and control mechanisms. Many local governments in

Mississippi and Louisiana lost all communications

capabilities for some period. This prevented them from

communicating their situation to the state level.

Alabama, as noted before in this chapter and the

COMMUNICATIONS CHAPTER, experienced relatively

few communications problems. Federal and state

offi cials alike concluded their communications capacity

functioned well during their response to Katrina.96 The

Alabama EMA has various communications redundancy

programs to ensure that it maintains a high level of

connectedness throughout the state. The EOC has

equipment and trained personnel to communicate over

all types of communications networks, including satellite,

800 MHz digital phone service, amateur radio, and others.

Communications systems and capabilities are viewed

by AEMA staff as a strength, and during Katrina, this

redundancy proved effective. That said, the goal of true

interoperability within and among county emergency

response and law enforcement agencies remains elusive

since each county has its own authority and timetable to

procure communications technology.97

In Mississippi, most land-based communications

systems, including cellular phones, were inoperable.

According to Mississippi’s EMA Director, Robert Latham,

voice and data systems statewide were also inoperable.98

As a result, often the only communications capability

present in Mississippi — for both the state EMA as well as

the affected counties — was through satellite phones and F

E M

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F P

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T O

192 A FAILURE OF INITIATIVE

radios, which operate by connecting to satellites rather

than routing calls through land-based lines or cellular

towers. Despite FEMA efforts to bring in additional

communications capabilities to the affected counties’

EOCs, Carwile reported that communications capabilities

were far short of what was needed to be effective.99

To illustrate the problem in Louisiana, the EOC uses

conference calls as a way to provide command and

control and ensure unity of effort among the state and

effected parishes. However, after the conference call during

landfall on Monday morning, August 29, the parishes

lost their communications capabilities and were unable

to convene another conference call until 11 days later, on

Friday, September 9.100 Even then, the participants in the

conference call noted that it was still hard to make regular

phone calls.101

State of Louisiana offi cials lost local input to unifi ed command, and were unreachable for coordinating activities

The state EOC in Louisiana experienced its own

communications problems, with offi cials in the EOC

unable to communicate reliably with local offi cials, other

state offi cials, or federal offi cials.102 In one conference call,

Smith noted that part of the problem was the state EOC

had not been wired for the volume of communications

required for a major catastrophe.103 Many e-mails noted

the diffi culty of communicating with the state EOC. As

one example, a U.S. Northern Command (NORTHCOM)

e-mail that laid out the procedures for requesting DOD

assistance through the Defense Coordinating Offi cer in

the EOC also emphasized the EOC telephone appeared to

be continuously busy.104

Federal government also lost communications and failed in initial efforts to improve command and control

Similarly, the federal government lost some

communications, and initial efforts to bring in

supplemental capabilities to improve command and

control were unsuccessful. For example, FEMA has a

mobile command and control suite, named Red October,

which is housed in an oversized tractor trailer.105 Lokey

and his staff said during Hurricane Katrina, Red October

was pre-deployed to Shreveport, in northern Louisiana,

to keep it out of harm’s way but also to allow rapid

movement into Baton Rouge or New Orleans after the

hurricane passed.106 Red October, once deployed and

opened up, had a command and control suite with about

30 work stations and robust communications.

As the situation unfolded in New Orleans, and the

fl ooding destroyed much of the command and control

capability of the city, FEMA offi cials decided to move Red

October to New Orleans to provide on-site command

and control to its advance team and to help connect

with New Orleans and National Guard authorities at

the Superdome.107 However, while some tractor trailers

were able to get into the fl ooded city, Red October was

unable to do so because of its oversized dimensions.

Other FEMA communications vehicles, such as the Mobile

Emergency Response Support detachments, noted in the

COMMUNICATIONS chapter, were not capable of driving

through the fl oodwaters without damaging their sensitive

electronic equipment. Therefore, FEMA was unable to use

these to restore command and control with its forward

team in New Orleans, led by Parr.108

Finding: A lack of personnel, training, and funding also weakened command and control

A lack of suffi cient personnel hindered command and control

The lack of trained, professional personnel at both the

state and federal level greatly hindered the response.

According to FEMA, the Louisiana Offi ce of Homeland

Security and Emergency Preparedness (LOHSEP) had an

inadequate staff, both in numbers and training. “There

were too few professional staff” provided by the state,

according to Wells.109 The FCO Operations Chief, Tony

Robinson, agreed, saying the EOC had only 40 full-

time trained staff, leaving only 20 staff to operate in 12

hour shifts.110 Twenty people were far too few to run the

EOC during a large disaster and the state should have

developed a surge capacity, Robinson said.111

Wells said LOHSEP’s supplemental staff were

inadequately trained, and LOHSEP relied too heavily on

the Louisiana National Guard troops to work the EOC.112

A FAILURE OF INITIATIVE 193

He characterized the guardsmen as well meaning but not

trained to be professional emergency managers.113 Wells

cited this as one of reasons the state EOC personnel did

not understand the unifi ed command under the ICS.114

Robinson also said the ability to effectively operate

decreased as the state’s cadre of professional emergency

managers was augmented by these inexperienced

guardsmen.115 FEMA was also signifi cantly short on

available trained staff to send into the fi eld.116 Finally,

Wells stated that “[w]e did not have the people. We did

not have the expertise. We did not have the operational

training folks that we needed to do our mission.”117

A lack of training also hindered command and control

In Louisiana the lack of adequately trained personnel was

also a major impediment to utilizing ICS and achieving

effective command and control over state and federal

resources. Wells said the state personnel lacked overall

discipline, lacked clear control lines of authority, lacked

a clearly understood command structure, and lacked

consistency in operational procedures.118 “If people don’t

understand ICS, we can’t do ICS. And if we can’t do ICS,

we cannot manage disasters,” he stated in testimony

before the Senate.119

Valuable time and resources were expended to provide

on-the-job training in ICS to state personnel assigned

to the emergency operations center in Baton Rouge.120

Wells noted that state offi cials hired a consultant to teach

their EOC staff about ICS after landfall.121 Specifi cally,

the state hired former FEMA Director James Lee Witt

as a consultant, and one of Witt’s staff (a former FCO)

was training the state staff in the EOC on Tuesday and

Wednesday, August 30 and 31.122 Wells said it was

ridiculous to try to teach unifi ed command after the

hurricane had hit when everyone in the EOC should have

already known it by then; at that point, it was too late,

and the training created additional confusion in the EOC,

Wells said.123

In Mississippi, ICS issues were less of a problem.

According to Carwile, “[t]here had been training previous

to Hurricane Katrina by the Mississippi Emergency

Management Agency on down to the county emergency

managers. So, it worked well.”124

Inadequate funding cited as reason for inadequate personnel and training

As addressed more fully in the FEMA PREPAREDNESS

chapter, the lack of adequate staff and insuffi cient

training are directly attributable to limited funding for

FEMA operations. For example, the funding for training

exercises is, and has been defi cient. This is evident in the

lack of coordination of FEMA staff. According to Carwile,

training funding for national emergency response teams

dried up in 2003.125 Teams sent to the Gulf coast never

had an opportunity to train together beforehand. Prior

to activation, the teams were nothing more than names

on rosters. This contributed greatly to the ineffi cient and

timely delays in the initial federal response. Senator Joe

Lieberman described the training and funding issues as

“a FEMA disaster waiting to happen because we weren’t

giving [FEMA] the resources to get ready for this.”126

Finding: Ineffective command and control delayed many relief efforts

The lack of effective command and control, and its

impact on unity of command, degraded the relief efforts.

Moreover, the problems experienced individually by the

local, state, and federal governments exacerbated the

challenges of coordinating across all levels of government

and prevented overall unity of command.

The evacuation of the Superdome provided one of

the clearest examples of how ineffective command and

control and the lack of unity of command hindered

urgently needed relief. It was planned multiple times by

different parties. On the day after Katrina’s landfall, Parr

worked with the Louisiana National Guard to devise a

Senator Joe Lieberman described the training and funding issues as “a FEMA disaster waiting to happen because we weren’t giving [FEMA] the resources to get ready for this.”

194 A FAILURE OF INITIATIVE

evacuation of the Superdome population 24 hours later

than would have occurred under the joint National Guard

/ FEMA plan put together at the Superdome.130

Other delays and poor assistance efforts caused by

a lack of command and control, mainly in Louisiana,

include:

■ Search and Rescue. Search and Rescue efforts were

uncoordinated. During the critical fi rst days after

Katrina and the fl ooding, there was no unity of

command between the various local, state, and federal

agencies participating in search and rescue efforts.

While heroic efforts by these agencies immediately

saved lives, there was little coordination of where the

victims should be or actually were taken. This resulted

in victims being left in shelters or out in the open on

high ground for days without food and water. For more

details, see the EVACUATION chapter.

plan for evacuating the Superdome through the use of

Chinook and Blackhawk helicopters.127 After working

through most the night, the plan was ready for execution

Wednesday morning. Parr and the Louisiana National

Guard offi cer working with him estimated it would take

30 hours to completely evacuate the Superdome. However,

earlier that day Blanco had instructed Landreneau of

the Guard to contact Honoré of Northern Command

to arrange for active duty military support of response

operations in Louisiana.128

This request was made outside the unifi ed command

and without the knowledge of FEMA and Parr. During the

early morning hours of Wednesday, Landreneau instructed

Louisiana National Guard offi cials at the Superdome to

cease planning for the evacuation as Honoré would be

“taking charge” of the evacuation project, thus bypassing

the unifi ed command and requirements that state requests

to federal agencies go through FEMA to further coordinate

and limit duplication.129 Parr said this resulted in the

F E

M A

A FAILURE OF INITIATIVE 195

■ Military Support. Much of the military support was also

uncoordinated. The Louisiana National Guard and

DOD active duty forces, under Joint Task Force Katrina,

were under separate commands. Federal attempts to

bring them under the same command were rejected by

the Governor. This resulted in delays in the arrival of

DOD active duty troops—troops that provided a robust

reservoir of manpower and a wide array of capabilities.

For more details, see the MILITARY chapter.

■ Medical Evacuations. There was confusion over which

agencies or personnel were supposed to assist with

hospital evacuations. Hospitals reported that Army

and FEMA offi cials came and surveyed the situation

and never returned despite saying that they would.

This resulted in delays in evacuating patients, with

sometimes fatal consequences. For more details, see the

MEDICAL CARE chapter.

■ Lawlessness in New Orleans. The New Orleans Police

Department, in addition to losing hundreds of its

personnel who did not report to duty, lost command

and control over those that still reported to work. This

resulted in delays in determining where problems were,

dispatching offi cers to those locations, and otherwise

planning and prioritizing operations to restore law and

order. For more details, see the LAW ENFORCEMENT

chapter.

Conclusion

In responding to Hurricane Katrina, elements of federal,

state, and local governments lacked command, lacked

control, and certainly lacked unity. Some of the reasons

for this can be traced back to the magnitude of the storm,

which destroyed the communications systems that are

so vital to effective command and control. In addition,

the magnitude of the storm created so much damage

across such a wide area that it overwhelmed agencies and

individuals who were struggling to mount an organized

response.

But some of the lapses in command and control can

be traced back to agencies and individuals demonstrating

a failure of initiative to better protect their command and

control facilities, better clarify command and control

relationships on location, and better follow established

protocols for ensuring unity of command. This problem

of not following protocols is summed up well in a recent

DHS-IG report on an exercise involving federal, state,

and local governments: all levels of government have “a

fundamental lack of understanding for the principals and

protocols set forth in the NRP and NIMS.”131

Finally, to some degree, lapses in command and

control can be traced to a lack of suffi cient qualifi ed

personnel, inadequate training, and limited funding.

In total, these factors paralyzed command and control,

leading to an agonizingly disjointed and slow response to

the disaster. ■

“All levels of government have “a fundamental lack of understanding for the principals and protocols set forth in the NRP and NIMS.”

196 A FAILURE OF INITIATIVE

1 U.S. Dep’t of Homeland Security, National Response Plan, (Dec. 2004) at 1 [hereinafter NRP]. 2 Id. at 66. 3 Id. at 1. 4 See Interview by Select Comm. Staff with Leigh Anne Ryals, Emergency Manager, Baldwin County [hereinafter Ryals Interview], in Washington,

DC, via telephone from AL (Oct. 25, 2005); see Interview by Select Comm. Staff with Walter Dickerson, Emergency Manager, Mobile County [hereinafter Dickerson Interview], in Washington, D.C., via telephone from AL (Oct. 25, 2005).

5 Hearing on Hurricane Katrina: Preparedness and Response by the State of Mississippi Before Select Comm., 109th Cong. (Dec. 7, 2005) at 5 (written statement of William L. Carwile) [hereinafter Dec. 7, 2005 Select Comm. Hearing].

6 Id. at 125-127 (statement of Steve Longo). 7 Id. 8 Interview by Select Comm. Staff with Hootie Adams, Director, Emergency Management for Hancock County, MS, in Hancock County, MS

(Oct. 14, 2005). 9 Interview by Select Comm. Staff with Bobby Strahan, Director, Pearl River County Emergency Management Agency, in Washington, D.C., via

telephone from MS (Nov. 29, 2005). 10 Interview by Select Comm. Staff with Jeff Smith, Deputy Director, LA Offi ce of Homeland Security and Emergency Preparedness [hereinafter

Smith Interview], in Baton Rouge, LA (Nov. 7, 2005). 11 Interview by Select Comm. Staff with Dr. Walter Maestri, Emergency Manager for Jefferson Parish, in New Orleans, LA (Nov. 8, 2005). 12 Id. 13 See Interview by Select Comm. Staff with Rex Macdonald, Information and Technology and Communications Director, Department of Public

Safety and Corrections [hereinafter Macdonald Interview], in Baton Rouge, LA (Nov. 7, 2005); see also Interview by Select Comm. Staff with Terry Ebbert, Director of Homeland Security for the City of New Orleans [hereinafter Ebbert Interview], in New Orleans, LA (Nov. 9, 2005).

14 Macdonald Interview; see also Ebbert Interview. 15 See Interview by Select Comm. Staff with Jacques Thibodeaux, LtC, LA Nat’l Guard [hereinafter Thibodeaux Interview], in New Orleans, LA

(Nov. 3, 2005); see Interview by Select Comm. Staff with Mark Mouton, Col, LA Nat’l Guard [hereinafter Mouton Interview], in New Orleans, LA (Nov. 3, 2005).

16 Hearing on Hurricane Katrina: Preparedness and Response by the Department of Defense, the Coast Guard, and the National Guard of Louisiana, Mississippi, and Alabama Before Select Comm., 109th Cong. (Oct. 27, 2005) at 194 (statement of H Steven Blum) [hereinafter Oct. 27, 2005 Select Comm. Hearing].

17 See Thibodeaux Interview; Mouton Interview. 18 Id. 19 Interview by Select Comm. Staff with Lonnie Swain, Deputy Chief New Orleans Police Department [hereinafter Swain Interview], in New

Orleans, LA (Nov. 9, 2005). 20 Ebbert Interview. 21 Interview by Select Comm. Staff with Scott Wells, Deputy Fed. Cordinating Offi cer, FEMA [hereinafter Wells Interview], in Baton Rouge, LA

(Nov. 9, 2005). 22 Id. 23 Interview by Select Comm. Staff with Ralph Mitchell, LA State Police [hereinafter Nov. 4, 2005 Mitchell Interview], in Baton Rouge, LA (Nov. 4,

2005); see also Interview by Select Comm. Staff with Joseph Booth, LA State Police [hereinafter Booth Interview], in Baton Rouge, LA (Nov. 4, 2005).

24 Mitchell Interview; see also Booth Interview. 25 Id. 26 See Thibodeaux Interview; Swain Interview. 27 See Interview by Select Comm. Staff with Bruce Baughman, Director, AL Emergency Management Agency [hereinafter Baughman Interview],

in Clancy, AL (Oct. 11, 2005); see also, Interview by Select Comm. Staff with David Tranter, General Counsel for AL Emergency Management Agency [hereinafter Tranter Interview], Clanton, AL (Oct. 11, 2005).

28 AL Emergency Management Agency EM/2000 Tracker System message 05-1992, (Aug. 29, 2005) (Doc. No. AL 002567). 29 AL Emergency Management Agency EM/2000 Tracker System message 05-1969, (Aug. 30, 2005) (Doc. No. AL 002600). 30 AL Emergency Management Agency EM/2000 Tracker System message 05-1948, (Aug. 30, 2005) (Doc. No. AL 002625). 31 AL Emergency Management Agency EM/2000 Tracker System message 05-1974, (Sept. 21, 2005) (Doc. No. AL 002593). 32 AL Emergency Management Agency EM/2000 Tracker System message 05-2096, (Sept. 5, 2005) (Doc. No. AL 002444). 33 Hearing on Hurricane Katrina: The Role of the Federal Emergency Management Agency Before Select Comm., 109th Cong. (Sept. 27, 2005) at 32, 157

(statement of Michael Brown) [hereinafter Sept. 27, 2005 Select Comm. Hearing]. 34 Id. 35 Wells Interview. 36 Id. 37 Id. 38 Id. 39 Id. 40 Id. 41 Id. 42 Interview by Select Comm. Staff with Bill Lokey, FEMA Federal Coordinating Offi cer [hereinafter Lokey Interview], in Washington, DC (Dec. 2,

2005); see also Hearing on Hurricane Katrina: Preparedness and Response by the State of Louisiana Before Select Comm., 109th Cong. (Dec. 14, 2005), at 229-230 (statement of Bill Lokey) [hereinafter Dec. 14, 2005 Select Comm. Hearing].

A FAILURE OF INITIATIVE 197

43 Lokey Interview; see also Dec. 14, 2005 Select Comm. Hearing at 229-230 (statement of Bill Lokey). 44 Interview by Select Comm. Staff with Phil Parr, Dep. Fed. Coordinating Offi cer, FEMA [hereinafter Parr Interview], in Washington, DC (Dec. 6,

2005). 45 Lokey Interview; see also Dec. 14, 2005 Select Comm. Hearing at 196 (statement of Phil Parr). 46 See Interview by Select Comm. Staff with LTC William Doran, Chief, Operations Division, LA Offi ce of Homeland Security and Emergency

Preparedness (LOHSEP) [hereinafter Doran Interview]; see Interview by Select Comm. Staff with Jim Ballou, Operations Division, LA Offi ce of Homeland Security and Emergency Preparedness (LOHSEP) [hereinafter Ballou Interview], in Baton Rouge, LA (Nov. 7, 2005); see also Smith Interview.

47 Smith Interview. 48 Id. 49 Smith Interview; see also Lokey Interview. 50 Dec. 14, 2005 Select Comm. Hearing, Appendix: Photo Presentation Slide 26 (written statement of Jeff Smith). 51 Smith Interview. 52 See generally Audio recordings of Hurricane Katrina Conference Calls, Louisiana State Emergency Operations Center (Aug. 26 – Sept. 9, 2005). 53 Id. 54 Id. 55 Id. 56 See Doran Interview; Ballou Interview. 57 Id. see also Lokey Interview; see also Parr Interview. 58 Id. 59 Id. 60 See Doran Interview; Ballou Interview; see also Parr Interview. 61 See Doran Interview; Ballou Interview; see also Lokey Interview; Parr Interview. 62 See Doran Interview; Ballou Interview; see also Parr Interview. 63 See Doran Interview; Ballou Interview; see also Lokey Interview; Parr Interview. 64 See Doran Interview; Ballou Interview; see also Parr Interview. 65 See Doran Interview; Ballou Interview; see also Lokey Interview; Parr Interview. 66 Nicole Bode, Sean Penn Gets into Rescue Act, DAILY NEWS (N.Y.) (Sept. 8, 2005) at 6; Ryan Parry, 150 Hurricane Brits Missing, MIRROR

(London) (Sept. 5, 2005) at 1, 4 (“Last night [Sept. 04] TV’s Oprah Winfrey arrived in New Orleans with 33 supply trucks.”). 67 See Doran Interview; Ballou Interview; see also Parr Interview. 68 See Doran Interview; Ballou Interview; see also Lokey Interview; Parr Interview; Smith Interview. 69 See Doran Interview; Ballou Interview; see also Smith Interview. 70 Dec. 14, 2005 Select Comm. Hearing at 16 (written statement of Jeff Smith). 71 Id. 72 Id. 73 Id. 74 Id. 75 Id. 76 Lokey Interview; see also Wells Interview. 77 Id. 78 Smith Interview. 79 Dec. 14, 2005 Select Comm. Hearing at 16 (written statement of Jeff Smith). 80 Offi ce of Inspector General, Dep’t of Homeland Security, A Review of the Top Offi cials 3 Exercise (Rpt. No. OIG-06-07) at 1, 12 (Nov. 2005)

[hereinafter DHS IG Report]. 81 Lokey Interview; Offi ce of the Assistant Secretary of Defense: Legislative Affairs, DOD Support for Hurricane Katrina Relief: Executive Summary

Mon., Sept. 12, 2005 as of 0700 (Sept. 12, 2005). 82 Lokey Interview. 83 Id. 84 Id. 85 Oct. 27, 2005 Select Comm. Hearing at 134 (statement of Paul McHale). 86 Hearing on Hurricane Katrina: Perspectives of FEMA’s Operational Professionals Before Senate Comm. on Homeland Security and Governmental Affairs,

109th Cong. (Dec. 8, 2005) at 45 (statement of Scott Wells) [hereinafter Dec. 8, 2005 Senate Hearing]. 87 Interview by Select Comm. Staff with Bruce Jones, Captain, Coast Guard, in Washington, D.C. via telephone from New Orleans, LA (Jan. 10,

2006). 88 Lokey Interview; see also Parr Interview. 89 Id. 90 Lokey Interview. 91 See Audio recordings of Hurricane Katrina Conference Calls, LA State Emergency Operations Center (Aug. 26 – Sept. 9, 2005). 92 Id. 93 Id. 94 Id. It was not possible to determine exactly which parish offi cial made this statement. 95 See Audio recordings of Hurricane Katrina Conference Calls, LA State Emergency Operations Center (Sept. 9, 2005). 96 See generally Ryals Interview; see also Dickerson Interview; Baughman Interview; Tranter Interview. 97 Baughman Interview; see also Tranter Interview. 98 Dec. 7, 2005 Select Comm. Hearing at 34 (statement of Robert R. Latham, Jr.).

198 A FAILURE OF INITIATIVE

99 Id. at 7 (written statement of William L. Carwile). 100 See Audio recordings of Hurricane Katrina Conference Calls, LA State Emergency Operations Center (Aug. 26 – Sept. 9, 2005). 101 See Audio recordings of Hurricane Katrina Conference Calls, LA State Emergency Operations Center (Sept. 9, 2005). 102 Macdonald Interview. 103 See Audio recordings of Hurricane Katrina Conference Calls, LA State Emergency Operations Center (Sept. 9, 2005). 104 E-mail correspondence from Clair Blong (DHS/FEMA NORAD USNORTCOM IC) to FEMA-NRCC and FEMA-HSOC Staff (Sept. 01, 2005 7:51

p.m.), citing e-mail correspondence from Nanette Nadeau (DAF NORAD USNORTHCOM), to Clair Blong, Sept. 01, 2005 (Doc No. DHS- FEMA-0028-0000685).

105 Lokey Interview; see also Parr Interview. 106 Id. 107 Id. It is not clear which FEMA offi cial ultimately approved this decision. 108 Lokey Interview; see also Parr Interview. 109 Dec. 7, 2005 Select Comm. Hearing at 5 (written statement of William L. Carwile). 110 Interview by Select Comm. Staff with Tony Robinson, FEMA JFO Operation [hereinafter Robinson Interview], in Baton Rouge, LA (Nov. 10,

2005). 111 Robinson Interview. 112 Wells Interview. 113 Id. 114 Id. 115 Robinson Interview. 116 Wells Interview. 117 Dec. 8, 2005 Senate Hearing at 58 (statement of Scott Wells). 118 Wells Interview. 119 Dec. 8, 2005 Senate Hearing at 46 (statement of Scott Wells). 120 Wells Interview. 121 Dec. 8, 2005 Senate Hearing at 46 (statement of Scott Wells). 122 Wells Interview. 123 Id. 124 Dec. 8, 2005 Senate Hearing at 48 (statement of William L. Carwile). 125 Id. 126 Dec. 8, 2005 Senate Hearing at 61 (statement of Senator Joseph Lieberman). 127 Parr Interview. 128 Id. 129 Id. 130 Dec. 8, 2005 Senate Hearing at 70-72 (statement of Phil Parr). 131 DHS IG Report at 1, 12.

A FAILURE OF INITIATIVE 199

200 A FAILURE OF INITIATIVE

“In the early hours of Hurricane Katrina, and without regard to

their own safety, and in many cases, knowing their own homes

were probably destroyed, these great citizens of Louisiana began

to go out, by helicopter and boat, to begin the massive search and

rescue operations.

“Pulling residents from rooftops, out of attics, and directly from

the water, the men and women of the Louisiana National Guard

were there, saving thousands of lives …”

Major General Bennett C. Landreneau

The Adjutant General, State of Louisiana

Select Committee hearing, October 27, 2005

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A FAILURE OF INITIATIVE 201

The military played an invaluable role, but coordination was lacking

Summary

The active and reserve components of the United States

armed forces have a long and proud history of providing

essential aid to the civilian populace of this country in the

aftermath of natural disasters. There are several reasons

the nation continues to rely on the military to perform

this role. One is that the military is able to provide

essential, life saving services more quickly and more

comprehensively than any other entity when local and

state response capabilities are overwhelmed, including

the ability to provide helicopter and boat rescue, shelter,

food, water, and medical support. Importantly, much of

this capability is vested with the National Guard, and is

thus an asset under the control of the governor of each

respective state or territory and the District of Columbia.

As robust as the military capability is, there are

limitations, many of which are highlighted in the specifi c

fi ndings below. The most important limit to the military’s

ability to manage domestic disaster response is the nation’s

traditional reliance on local control to handle incident

response. The federal government, with the Department

of Defense (DOD) serving as part of the federal response

team, takes its directions from state and local leaders. Since

that is our nation’s tradition, DOD does not plan to be the

lead agency in any disaster situation and expects to assist

as local authorities request and direct. Furthermore, DOD

lacks the detailed knowledge of local conditions essential to

effective relief operations.

Even so, the element of the U.S. military with the

longest tradition of service — the militia, now called the

National Guard — is a particularly valuable asset to each

state, territory, and the District of Columbia. Units can be

called to active duty by the order of the governor and serve

as the state’s chief executive directs. Thus, the National

Guard is responsive and will possess knowledge of local

conditions. In contrast, the processes by which active

military forces are brought to a region are lengthy and

burdensome. When they arrive, these forces will not have

detailed local knowledge and will be prohibited by law

THE MILITARY

from performing law

enforcement functions.

In addition, there will

be two distinct military

chains of command

— one for federal

troops and one for

National Guard troops

under state command.

This dual chain of

command structure,

lengthy federal troop

activation system,

and, in the case of

Katrina, devastated

local authorities,

contributed to a poorly coordinated federal response to

Katrina. It would not be possible to anticipate all problems

and prevent all the diffi culties that ensued from a storm

of this magnitude, but better planning, more robust

exercises, and better engagement between active forces

and the National Guard both before and during disaster

response would have helped prevent human suffering.

Two new organizations created after September 11, 2001,

the Department of Homeland Security (DHS) and DOD’s

Northern Command, are integral parts of this process, and

the growing pains were evident to the Select Committee.

Northern Command is charged with managing the federal

military response to disasters and DHS is in charge of the

overall federal effort. Northern Command has taken strides,

but needs better integration with FEMA and with the

National Guard effort at disasters and emergencies. Clearly,

more needs to be done.

Even though there were problems, the military played

an invaluable role in helping the citizens of Louisiana,

Alabama, and Mississippi respond to the devastation of

Katrina and saved countless lives. Indeed, as Assistant

Secretary of Defense for Homeland Defense Paul McHale

testifi ed:

“The Department of Defense’s response to the

catastrophic effects of Hurricane Katrina was the

largest military deployment within the United States

since the Civil War.”1

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There is no doubt DOD

resources improved the

national response to Katrina.

Although trained and

equipped for war fi ghting,

there is enough commonality

of expertise and equipment

that made for a signifi cant

military contribution to

the majority of Emergency

Support Functions (ESFs) of

the National Response Plan.

DOD is the only federal

department with supporting

responsibilities in each of the fi fteen ESFs.2

The Hurricane Katrina response also reinforced the

National Response Plan’s designation of the National

Guard as the military’s fi rst responders to a domestic crisis.

“In contrast to Hurricane Andrew (1992) in which

National Guard forces constituted 24% of the military

response, National Guard forces represented more than

70% of the military force for Hurricane Katrina.”3

Number of National Guard and active Duty Personnel in Joint Operational Area of Hurricane Katrina

Date National Guard Active Duty

August 26 2,505 n/a

August 27 2,633 n/a

August 28 4,091 n/a

August 29 7,522 n/a

August 30 8, 573 1,000

August 31 11,003 2,000

September 1 13,113 3,000

September 2 16,928 4,011

September 3 22,624 4,631

September 4 30,188 10,952

September 5 32,760 15,204

September 6 42,990 17,417

September 7 45,420 18,342

September 8 48,560 19,749

September 9 50,116 21,408

September 10 50,116 21,168

September 11 48,045 22,028

September 12 48,280 22,670

September 13 45,791 22,232

September 14 45,063 18,690

SOURCE: NORTHERN COMMAND TIMELINE

Despite the immediacy of required action, confusion

created by multi-intergovernmental agency activities

and dual military responses, the men and women of the

armed services came when they were called. And whether

on the ground, in the air, or on the water, they worked

extremely hard to save and offer aid to the victims of

Hurricane Katrina.

There are a number of specifi c areas where better

coordination mechanisms could have greatly improved

the execution of military support during Hurricane

Katrina. The protocols associated with sharing essential

information, the coordinated movement of personnel and

equipment, and prior joint planning and training are vital

to an effective and comprehensive response.

Finding: The National Response Plan’s Catastrophic Incident Annex as written would have delayed the active duty military response, even if it had been implemented

The National Response Plan (NRP) creates confusion

about federal active duty military involvement due to

unresolved tension between the possible need for active

duty military assistance when state and local offi cials

are overwhelmed, and the presumption that a governor

will use his or her understanding of the situation on the

ground to decide whether and when to ask for active duty

military support.

A foundational assumption of the NRP’s Catastrophic

Incident Annex (CIA) is that local and surrounding

jurisdictions’ response capabilities may be insuffi cient as

they could be quickly overwhelmed by an event. Despite

this guiding assumption, NRP-CIA policy assumes that

state/local incident command authorities will be able to

integrate federal resources into the response effort. The

NRP-CIA fails to refl ect whether in a catastrophic incident,

DHS should rely upon the same principle — the presence

of local and state fi rst responders for the fi rst 48-72 hours

of an emergency — as the non-catastrophic incident

portion of the NRP. This failure would have delayed the

federal military response and prevented full integration of

the National Guard and active duty missions, even if the

NRC - CIA had been involved.

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A FAILURE OF INITIATIVE 203

Whether there exists an effective local and state

response for the fi rst 48-72 hours of a disaster is a critical

element in determining the need for and extent of military

involvement. Some point out that in cases of a major

catastrophe, the President through the Stafford Act can

designate and deploy federal resources without following

NRP procedures. This view does not address if the NRP

procedures in place in the event of a major catastrophe

— whether or not the President chooses to federalize the

response — are sound.

Recognizing that federal resources might be required

to augment overwhelmed state and local response

efforts, the NRP-CIA establishes protocols to pre-

identify and rapidly deploy essential resources that are

urgently needed to save lives and contain incidents.

Under the NRP-CIA, normal procedures for a number

of the Emergency Support Functions (ESF) may be

expedited or streamlined to address urgent requirements.

These include: medical teams, urban search and rescue

teams, transportable shelter, medical and equipment

caches, and communications gear. Standard procedures

regarding requests for assistance may be, under extreme

circumstances, temporarily suspended.

One of the planning assumptions of the NRP-CIA is

that a detailed and credible common operating picture

may not be achievable for 24 to 48 hours after the

incident. As a result, the NRP-CIA calls for response

activities to begin without the benefi t of a complete

situation and critical needs assessment. Moreover, under

this Annex, notifi cation and full coordination with states

should not delay or impede the rapid mobilization and

deployment of critical federal resources.

Finding: DOD/DHS coordination was not effective during Hurricane Katrina

The Department of Homeland Security and the

Department of Defense share responsibility for ensuring

the security and safety of America. Since the establishment

of DHS after 9/11, both departments have sought to

defi ne their roles and responsibilities.

McHale testifi ed at a recent congressional hearing that

he was the Defense Department’s principal liaison with

DHS.4 A memorandum of understanding between DHS

and DOD assigns 64 DOD personnel to DHS to fi ll critical

specialties, principally in the areas of communications

and intelligence. There is also a Homeland Defense

Coordination Offi ce at DHS headquarters, as well as

around-the-clock DOD presence in the DHS Homeland

Security Operations Center.

Despite these efforts to integrate operations, gaps

remained in DOD/DHS coordination. During a BRAC

Commission hearing conducted August 11, 2005, a

commissioner asked Peter F. Verga, Principal Deputy

Assistant Secretary of Defense (Homeland Defense), of the

existence of any document issued by DHS that would help

DOD determine the requirements for military assistance

to civilian authorities. Verga replied: “To my knowledge,

no such document exists.”5

On August 30, an e-mail generated in the Offi ce

of the Secretary of Defense (OSD) indicated concern

about the fl ow of information between DOD and FEMA

and a lack of understanding of what was an offi cial

request for assistance and what was not.6 Another e-

mail from DHS to DOD on this day indicated Secretary

Chertoff was requesting updated information on the

levees in New Orleans, shelter information, and search

Communications between DOD and DHS, and in particularly FEMA, during the immediate week after landfall, refl ect a lack of information sharing, near panic, and problems with process.

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204 A FAILURE OF INITIATIVE

and rescue missions DOD was performing. The OSD

response expressed wonder at why DHS was asking for

this information, as FEMA had not yet even generated

requests for these missions for DOD.7 Communications

between DOD and DHS, and in particularly FEMA,

during the immediate week after landfall, refl ect a lack

of information sharing, near panic, and problems with

process.8 As time went on, and FEMA and DOD worked

out Requests for Assistance (RFAs), and communications

and information sharing did improve.9

These problems are indicative of a dispute between

DOD and DHS that still lingers. DOD maintains it

honored all FEMA requests for assistance in the relief

effort, refusing no missions.10 FEMA offi cials insist

that notwithstanding the offi cial paper trail, DOD

effectively refused some missions in the informal

coordination process that preceded an offi cial FEMA

request.11 Therefore, when DOD thought a mission was

inappropriate, FEMA simply did not request the assistance

from DOD.

The reliance of FEMA on DOD during the Hurricane

Katrina response, although not anticipated in scope,

became at its most basic, a takeover of FEMA’s

responsibilities as the logistics manager for the federal

response. According to Secretary McHale:

During Katrina, the federal military remained

under FEMA’s control. It meant that the Defense

Department, which had the resources to appraise

the situation and prioritize its missions more

quickly than could FEMA, actually drafted its own

requests for assistance and sent them to FEMA,

which copied them and sent them back to the

Department of Defense for action.12

Finding: DOD, FEMA and the state of Louisiana had diffculty coordinating with each other, which slowed the response

The process for requesting DOD active duty forces has

several layers of review and is understandably not well

understood or familiar to state offi cials who rarely

would need to request DOD support. Even though state

offi cials do not routinely work with DOD, requests for

DOD assistance are generated at the state level. These go

from the state to FEMA’s Federal Coordinating Offi cer

(FCO), who in turn requests assistance from the Defense

Coordinating Offi cer (DCO). The DCO passes these

requests on to the joint task force, which routes them

through Northern Command to the Offi ce of the Secretary

of Defense Executive Secretariat, to the Joint Directorate

of Military Support on the Joint Staff. At each stage, the

request is validated to ensure it can be met and that it is

legal to provide the assistance. Once vetted, the request is

tasked to the services and coordinated with Joint Forces

Command, and forces or resources are then allocated to the

joint task force, which in turn gets the support down to the

user level by way of the DCO. This process is in place not

only to satisfy DOD internal requirements, but to ensure

maximum coordination with both FEMA and the state.

DOD’s process for receiving, approving, and executing

missions was called bureaucratic by Louisiana offi cials.13

Despite the multiple layers of paperwork requirements

described above, the Select Committee could not

defi nitively determine the origin of the request for DOD

to provide active duty forces. Louisiana offi cials said their

Adjutant General made the request directly of General

Russel L. Honoré — without coordinating the request

through FEMA — the established process to request

all federal assistance.14 This request outside of normal

channels may refl ect frustration with the bureaucratic

process.

Current FEMA FCO Scott Wells told Select Committee

staff this direct state request to DOD was indicative of

Louisiana not having a unifi ed command during Katrina

and created coordination problems during the response

and recovery efforts.15 Without a unifi ed command,

the system for requests for assistance was diffi cult. This

diffi culty was compounded by the scarcity of telephone

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A FAILURE OF INITIATIVE 205

communication capability remaining in Louisiana,

resulting in a communications chokepoint at the EOC in

Baton Rouge where the telephone was continuously busy.

Prior to the arrival of Honoré, senior FEMA

offi cials were unable to get visibility on their requests.

For example, former Undersecretary for Emergency

Preparedness and Response and FEMA Director, Michael

Brown, testifi ed that he did not know what happened to

some of his requests for assistance.16

While DOD offi cials testifi ed in October that DOD

was “leaning forward” and taking quick action prior to

Katrina’s landfall, FEMA offi cials said the DOD process

appeared cumbersome.17 Louisiana Governor Blanco’s

Chief of Staff Andy Kopplin said DOD was, in his

opinion, slow and overly bureaucratic.18 It appears that

although DOD may have been doing the best it could

with the system it had, Hurricane Katrina was of such

magnitude that more rapid response was necessary.

Although acknowledging that General Honoré operated

outside normal FEMA-led channels, FEMA FCO William

Lokey praised him for getting things done that Louisiana

and FEMA could not.19

Finding: National Guard and DOD response operations were comprehensive, but perceived as slow

National Guard response

“I am particularly proud of the timeliness and

magnitude of the National Guard’s efforts in

advance of Hurricane Katrina and our response in

its immediate aftermath. National Guard forces

were in the water and on the streets of New Orleans

rescuing people within four hours of Katrina’s

passing. More than 9,700 National Guard Soldiers

and Airmen were in New Orleans by the thirtieth of

August. The National Guard deployed over 30,000

additional troops within 96 hours of the passing of

the storm.”20 Lieutenant General H Steven Blum,

Chief, National Guard Bureau

When reports on the catastrophic damage in

Louisiana and Mississippi began to fl ow in, the National

Guard Bureau did not hesitate to act. The NGB took

responsibility for coordinating the fl ow of Guard

resources and personnel from all 50 states to speed up

the process and increase effi cient use of resources as

requirements from coastal states grew beyond their ability

to coordinate individual state-to-state compacts.21 The

NGB Joint Operations Center (NGBJOC) worked closely

with the Army National Guard Crisis Response Cell and

the Air National Guard Crisis Action Team to source and

move these forces into the Gulf Coast.

Initially, this operated via a “push” methodology

with supporting states pushing available forces based on

requirements identifi ed by the Adjutants General in the

supported states.22 As situational awareness improved,

this gradually transitioned to a “pull” process whereby

supported states submitted requests for forces through the

NGBJOC to be sourced by the supporting states.

NGB operated its Joint Operations Center around the

clock to coordinate all National Guard actions associated

with information sharing between Offi ce of the Secretary

of Defense, the Army and the Air Force, Northern

Command, state emergency operations centers, and

other DOD liaison offi cers. This coordination supported

National Guard response activities in the affected states.23

One of the challenges of Katrina for the Department

of Defense was the lack of protocols set by Northern

Command for information fl ow between the separate

DOD entities.24

On Tuesday, August 30, state Adjutants General

reported the following troop deployments to the NGB:

5,149 to Louisiana, 2,826 to Mississippi, 1,066 to

Alabama, and 753 to Florida for a total of 9,794.25 At

this time, Louisiana and Mississippi were supplemented

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206 A FAILURE OF INITIATIVE

by Guardsmen from nine other states. In position and

responding were 64 Army National Guard aircraft, that

reported 186 search and rescue missions performed, 1,017

patients moved, 1,910 evacuees, 91 cargo movements, and

29 food and water movements.

On August 31, at 7:21 a.m., Lieutenant General Blum

and Army National Guard Director Lieutenant General

Clyde A. Vaughn placed a phone call to Louisiana State

Adjutant General Landreneau.26 The following is a record

of their conversation:

General Blum: Benny, how are things going? General Landreneau: Sir, we’ve had a diffi cult night.

General Blum: What do you need? General Landreneau: We need 5K soldiers to help out. The armory is fl ooded. My command

and control is at the Superdome. We have a lot of

undesirables here trying to cause trouble.

General Vaughn: Hey Benny, can we drive to the Superdome?

General Landreneau: No sir, we are cut off by the rising water, along with the armory.

General Vaughn: Where do you want us to send the incoming soldiers?

General Landreneau: Sir, send them to the intersection of Interstate 310 and State 10.

General Blum: Benny, when’s the last time you got any sleep?

General Landreneau: Well sir, I think two days ago. General Blum: Listen, you need to get some rest, you sound exhausted.

General Landreneau: I’ll try Sir, but every time I lay down someone gets me up for a little emergency.

General Blum: Try and get some rest, this is an ongoing effort and we need your energy.

General Vaughn: Benny, we’re going to push help so be ready.27

On Wednesday, August 31, Blum set up a

teleconference with all state Adjutants General at noon

to coordinate “full capabilities of National Guard to be

deployed as rapidly as possible to save life and limb.”28

Every state Adjutant General reported their Guard forces

deploying or available for deployment.29

On Thursday, September 1 at 11:30 a.m., Secretary of

Defense Rumsfeld and Blum met with President Bush to

discuss the National Guard response.30 At this briefi ng, the

President agreed with Rumsfeld that the National Guard

was responding effectively to the disaster and chose not to

federalize Guard troops.31 At 1:15 p.m., Blum was asked

to be part of a DHS press conference with Chertoff and

McHale, to discuss federal assistance to the Gulf. At 5:30

p.m., after coordinating with McHale and Rumsfeld, Blum

departed for Belle Chasse, Louisiana, and immediately

met with Louisiana State Adjutant General Landreneau

at the Superdome. Later that evening, Blum met with

Governor Kathleen Blanco to discuss troop and resource

requirements in Louisiana.32

Also during this time, federal offi cials considered ways

to structure a unifi ed command. According to Deputy

Homeland Security Advisor Ken Rapuano, federal offi cials

discussed with Blanco federalizing the National Guard.33

President Bush ultimately offered Blanco a “Memorandum

of Agreement Concerning Authorization, Consent and

Use of Dual Status Commander for JTF Katrina,” making

Honoré, as commander of Joint Task Force Katrina, a

member of the Louisiana National Guard.34 An excerpt

from a DOD letter drafted for Governor Blanco to President

Bush explained how the command would have been

structured under the proposal:

In order to enhance Federal and State efforts, and if

you grant permission, I would like to appoint the

Regular Army offi cer commanding the Federal Joint

Task Force Katrina to be an offi cer in the Louisiana

National Guard. I would assign him to command

the National Guard forces under my command.35

Thus, President Bush’s proposal would not have put

National Guard troops under federal control. Rather,

the proposal would have put Honoré under Blanco’s

command in the chain-of-command over National Guard

troops in Louisiana. In this proposal, Honoré would

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A FAILURE OF INITIATIVE 207

have served in two capacities — fi rst, as the commander

of federal troops ultimately answering to the President,

and second, as the commander of the Louisiana National

Guard, answering to Blanco. This proposal was intended

to establish a single command for all military operations

in Louisiana.

Blanco wrote to President Bush on September 3,

declining this proposal. The Governor only agreed to the

importance of creating a single military commander for

federal forces that “could enhance the contribution of over

25 National Guard states currently being commanded

by the Louisiana State Adjutant General.”36 As a result,

federal troops remained under one command — Honoré

and Northern Command, while the National Guard

remained under the separate command of Landreneau

and the Governor.

Administrative matters proved to be a challenge as well

for National Guard troops deploying under Emergency

Management Assistant Compacts (EMAC) with various

states. Since these forces were activated in state-to-state

agreements they were on state active duty and subject

to the rules and entitlements authorized by their

respective home states. This plethora of statuses made

administration problematic for the National Guard, and

led to a request that these forces be activated under Title

32 of the U.S. Code. This federal status permits uniform

administration while allowing continued command and

control by the Governor.37 Numerous state Adjutants

General suggested the National Guard Bureau request that

guard troops be activated under Title 32.38 In response,

the National Guard Bureau strongly advocated for the use

of Title 32:

not only because it allowed Governors to retain

control, but because it was the right thing to do for

the soldiers and airmen. Each state has a different

way of handling pay and benefi ts under State Active

Duty. We had soldiers and airmen operating under

54 different payroll systems and receiving different

benefi ts such as medical care and disability

coverage. Our forces needed the protection

provided by DOD entitlements.39

Between September 2 and September 5, the governors

of Alabama, Mississippi, and Louisiana sent letters to the

Secretary of Defense asking for all National Guard assets

to be put under Title 32.40 Blum then discussed putting

the Guard on Title 32 status with McHale and together,

they submitted a formal Title 32 request to Rumsfeld.41

On September 7, Deputy Secretary of Defense Gordon

England approved Title 32 status retroactive to August

29.42

On September 8, the NGB noted 50 States, two

territories, and the District of Columbia had contributed

forces in support of operations in Louisiana and

Mississippi. National Guard forces reached peak

deployment numbers for Katrina relief with over 50,000

personnel mobilized on this day.43

Army National Guard

“Four hours after landfall, Army National Guard

helicopters are performing rescue missions, with 65

helicopters positioned in Florida, Texas, Louisiana,

Mississippi and Alabama.” Northcom Timeline:

Hurricane Katrina 1/3/0644

The Army National

Guard contributed heavily

to the Katrina response,

including the primary

priority of search and rescue,

evacuation, and commodity

distribution. Distribution

of water, ice, and food from

military stockpiles in the

days immediately following

landfall was done at both

designated and undesignated

distribution sites. The

Army Guard also provided much needed military

transportation, helped clear debris from roads and

residences, and provided assistance to law enforcement.45

Unlike their active duty counterparts, the National

Guard is not restricted from performing law enforcement

duties under federal law, and thus rendered considerable

assistance to civilian law enforcement efforts.46 According

to the daily log of Mississippi National Guard activities

prepared for the Select Committee, the majority of the

mission requests were for security, a mission that would

only increase in the weeks following landfall.47

The following chart contains the number of Army

National Guard present in the Gulf States.

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Date Number of Army Guard Personnel

In Katrina Joint Operational Area

August 26 922

August 27 1,701

August 28 4,444

August 29 6,908

August 30 9,668

August 31 10,428

September 1 14,284

September 2 18,678

September 3 24,548

September 4 29,588

September 5 33,608

September 6 38,093

September 7 39,736

September 8 40,667

September 9 42,164

September 10 42,257

September 11 42,264

September 12 41,530

September 13 40,928

September 14 41,119

September 15 38,831

NATIONAL GUARD BUREAU AFTER ACTION REVIEW OBSERVATIONS TIMELINE, 12/21/05

Air National Guard

August 30: “The Air National Guard launches its

fi rst Air National Guard JTF-Katrina mission. A

C-17 crew assigned to the 172nd Fighter Wing,

Mississippi ANG fl ew its fi rst sortie in support

of Hurricane recovery. The mission lasted for 3

days. They airlifted 85 civilians from Gulfport.”

Northcom Katrina Timeline 12/22/05

The Director of the

Air National Guard

Lieutenant General

Daniel James III, told

the Select Committee

the efforts of the

Air National Guard

during Hurricane

Katrina represented

“the largest military airlift operation supporting disaster

relief in the United States.”48

But the Air National Guard brought more than

evacuation, rescue, and airlift capabilities to the response.

The Air National Guard also has an emergency medical

capability. ANG medics treated over 13,000 patients by

September 19.49 Expeditionary Medical Support (EMEDS)

units provided medical personnel and equipment to

support up to 10 major trauma surgeries without re-

supply.50 The Air National Guard also has a large civil

engineering capability in its Rapid Engineer Deployable

Operational Repair Squadron Engineer (RED HORSE)

Squadrons.

Date Number of Air Guard Personnel

In Katrina Joint Operational Area

(includes Air Guard in transit from outside wings transporting personnel, supplies and equipment)

August 26 8

August 27 932

August 28 932

August 29 933

August 30 956

August 31 960

September 1 972

September 2 2,464

September 3 3,998

September 4 4,596

September 5 6,613

September 6 5,770

September 7 5,952

September 8 5,735

September 9 4,347

September 10 4,581

September 11 4,125

September 12 4,109

September 13 4,112

September 14 3,477

September 15 3,512

NATIONAL GUARD BUREAU AFTER ACTION REVIEW OBSERVATIONS TIMELINE, 12/21/05

Some of the highlights of ANG activity in the fi rst few

days following landfall include:

August 29 Aero-medical Evacuation Squadron

positioned to respond in Mississippi

50 ANG medical personnel at Naval Air

Station New Orleans

August 30 The ANG launches its fi rst Air National

Guard JTF Katrina mission. A C-17 crew

assigned to the 172nd FW, Mississippi ANG

fl ew its fi rst sortie in support of Hurricane

recovery. The mission lasted for three days.

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They airlifted 85 civilians from Gulfport.

All ANG Airlift and Tanker units put on

alert and places all air crew on Title 32

status

Texas ANG starts reconnaissance, activates

search and rescue personnel and security

forces to Louisiana

ANG establishes Tanker Airlift Control

Center

August 31 ANG sources a NORTHCOM request for

ANG Combat Weather Team to

New Orleans

ANG reports 700 ANG Civil Engineer and

350 Red Horse personnel available

Tennessee and Oklahoma ANG help

evacuate 143 patients from the New

Orleans Veterans Hospital

The 259th ATCS Louisiana Air National

Guard deploys their MSN-7 Mobile Control

Tower to the Superdome51

September 1 First Air Force, composed of ANG wings

across the country, is tasked to lead for

planning, orchestrating and overseeing

all Air Force support to Joint Task Force

Katrina.52 Gulfport, Mississippi is

designated the main operating base

for sustained ANG Hurricane relief efforts,

including evacuation.

ANG Expeditionary Medical Support

(EMEDS) units, civil engineering units

arrive in Mississippi and New Orleans

On this day ANG Para-rescuemen are

credited with 48 air saves and 250 boat

saves in New Orleans. ANG Combat

Controllers provide air movement for 750

helicopter sorties where 3,000 people are

evacuated. From September 1 through

9, ANG from Alaska and Oregon pushed

through 3,169 military and civilian

helicopter sorties at multiple landing zones

in New Orleans. ANG aircraft and crew

would fl y 2,542 sorties, airlifting 21,874

people and 11,110 pounds of cargo in

support of hurricane relief.53

September 2 149th Air National Guard Surgical Team

established fi eld hospital in parking lot

adjacent to New Orleans Convention

Center.54

The National Guards of other states also played

key roles in the Hurricane Katrina response. Through

Emergency Management Assistance Compacts (EMAC),

Louisiana and Mississippi were able to request and

receive assistance from scores of states from across the

country. While the EMAC process is a direct state-to-state

relationship, both FEMA and the National Guard Bureau

participated in negotiations to facilitate the identifi cation

and procurement of specifi c types of assistance from other

states. There was a consensus among federal, state, and

local offi cials that EMAC worked well. These troops served

in Title 32 status, and were therefore commanded by the

respective Governors of Louisiana and Mississippi and

paid with federal funds.

Louisiana

The Louisiana National Guard conducted roving patrols,

manned checkpoints, and supported the New Orleans

Police Department in the parishes. The Army National

Guard also secured key infrastructure sites, including

levees,55 and provided support for general purpose shelters

and special needs

shelters with medical

personnel. One of

the Guard’s largest

missions was to

provide security

and other support

at the Superdome.

Approximately 250

Guardsmen were

at the Superdome,

searching entrants for weapons, providing them with food,

water, and medical attention, and attempting to maintain

law and order.

After Katrina hit, the National Guard was deeply

involved in search and rescue operations to save people

after the levees breached and many areas fl ooded.56 Their

role included both helicopter and boat sorties to rescue

people from roofs and fl oodwaters and take them to

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high ground. They were also part of the more deliberate

post-fl ood activities to go house to house and search for

survivors and victims.

The National Guard also had a law enforcement mission

beyond the shelters (e.g., the Superdome) to help restore

law and order through street patrols and other activities in

support of the overtaxed New Orleans Police Department.57

One of the National Guard’s law enforcement missions was

to secure the Convention Center and generally maintain

order there as occupants were evacuated. They provided

food, water, and medical treatment, and searched evacuees

as they boarded buses. Because the National Guard

was never federalized, they could fully participate in all

law enforcement

missions.

Finally, the

National Guard

played a key role

in logistics and

transportation,

using their high-

clearance vehicles

and helicopters to

ferry personnel and

supplies into and out of fl ooded areas.58 For example,

they transported and distributed food into the Superdome

and supported the evacuation of its occupants.

The Louisiana National Guard received much

assistance from many states across the country through

EMAC.59 Examples of the specifi c deployments included

2,426 infantry from Pennsylvania, 1,016 military police

from Puerto Rico, 580 security troops from Michigan,

500 support troops from Arkansas, 535 security troops

from Massachusetts, 350 security forces from Tennessee,

315 transportation and logistics troops from Alabama,

310 maintenance troops from Illinois, 250 air traffi c

controllers from Texas, and 221 truckers from South

Carolina. In total, Louisiana made 451 EMAC requests,

and 29,502 National Guard troops responded from other

states to undertake these missions.

Alabama

The Alabama National Guard headquarters began

monitoring Hurricane Katrina on August 23 and actively

engaged in discussions with the National Guard Bureau

on August 25. When Katrina became a Category 3

hurricane on August 27, the Alabama Guard increased

staff at the state emergency operations center. EOCs

along the Alabama Coast for the 20th Special Forces

Group, 711th Signal Battalion, and 16th Theater Support

Command were opened and manned. When FEMA

designated Maxwell Air Force Base as a federal staging

area for supplies, the Alabama National Guard sent

troops there to help prepare for distribution.60 Governor

Riley declared a state of emergency on August 28, which

formally activated the state National Guard.61

On August 29, the Alabama Emergency Management

Agency (AEMA) received requests for commodities from

Mobile, Baldwin, Butler, and Washington counties,

and the Alabama Guard took control of all recovery

and relief operations in coastal Alabama to include

county distribution points. When AEMA requested

special boat teams for search and rescue, and security,

the Alabama National Guard responded. The Guard

also performed damage assessment tasks. The Alabama

National Guard had developed mission specifi c force

packages for emergencies like hurricanes, snow and ice

storms, and chemical and biological attacks. These force

packages include security forces, engineers, medical,

communications and logistical equipment, and trained

personnel.62

The Alabama National Guard deployed approximately

750 soldiers and airmen within Alabama, but also

provided 2,000 soldiers to locations in Mississippi and

Louisiana in response to immediate EMAC requests for

support on August 29 and 30.63

Mississippi

On August 29, in the rear area operations center in

Jackson, it was recorded that the Mississippi National

Guard had activated 2,736 Army National Guard

soldiers, and 1,003 Air National Guard members to

provide security, search and rescue, and debris removal

operations.64

In his testimony before the Select Committee,

Mississippi Adjutant General, Harold A. Cross, made the

following observations:

During and immediately after landfall,

National Guard search and rescue operations

began on the Gulf Coast. My personnel night

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ground reconnaissance on the 29th and aerial

reconnaissance early the next morning clearly

revealed a disaster of unprecedented proportion all

along the Gulf Coast of Mississippi and signifi cant

damage as far as one hundred and fi fty miles

inland. After reporting this initial surveillance to

Governor Barbour, I immediately directed my rear

operations center to activate all remaining available

Mississippi National Guardsmen and to execute the

movement of pre-planned assistance from other

states. In addition, I requested assistance through

the National Guard Bureau from other states, up

to division sized strength. Accordingly, the 4,533

Mississippi National Guard soldiers and airmen

were ultimately augmented by 11,839 National

Guard personnel from 36 states under EMAC

agreements.65

The Mississippi National Guard personnel on

standby at Camp Shelby moved forward after the storm

had passed to a scene of unbelievable destruction.

Hurricane Katrina was by all accounts the worst storm

in nearly a century, but Cross was prepared.66 As soon

as the storm abated somewhat, Mississippi National

Guard personnel deployed from Camp Shelby into the

devastated Mississippi coast to provide security, search

and rescue and debris removal operations.67 Even so,

Cross recognized his own resources would be insuffi cient

to assist along the whole coast of the state and he needed

help from the National Guard of other states. In that

regard, General Cross said:

EMAC agreements negotiated with 40

states creating a division-sized force

within 96 hours eliminated need for

Title 10 forces. The fi rst out of state

National Guard units to arrive in

Mississippi were units from Alabama.

483 soldiers arrived on 30 August with

an additional 359 soldiers arriving

on 31 August. This Alabama National

Guard Force consisted of combat

engineers, military police, security

forces, and communications assets.

Their quick response was due to the

fact that the Alabama National Guard

was already postured to respond

to Katrina in the event it impacted

Alabama. The personal relationship

between the adjutants general of the two states

allowed for the rapid response of forces.68

MISSISSIPPI NATIONAL GUARD

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The initial requests for assistance from Cross were

through personal relationships with other State Adjutant

Generals.69 General Blum, held a video teleconference

on August 31 to solicit assistance from each of the 54

states and territories for both Louisiana and Mississippi.

States responded rapidly to the urgent need and decided

to worry about the authorizing paperwork later. In most

cases, EMAC documentation followed after individual

states provided the assets requested by Louisiana or

Mississippi.70 As noted earlier, all National Guard troops

were retroactively placed in Title 32 status on September 7

by Deputy Secretary of Defense England.71

Out of state National Guard support in Mississippi through EMAC process

State National Guard Assistance

Alabama 1,500 Security Forces, 7 Tactical planners and engineers, 2- CH47s with crew for S and R, 2-UH60s with crew for S and R, 300 Sleeping Bags and 80 cots, Engineering Brigade, MP Battalion, 1,450 personnel for TF, 37 personnel from Air Refueling Wing, CBCS Communications support, Ministry Team, Ground Safety Manager, EMEDS personnel

Arizona Family Assistance Personnel, Medical support

Arkansas 100 soldiers, MP Company, 25 Heavy Trucks with 75 soldiers

California Fire Team, Aircraft Maintenance personnel, medical support personnel

Colorado MP Company, 50 Signal company personnel

Delaware MP Security Company, 100 personnel to assist command and control, EMEDS personnel

Florida 4-UH60s, rescue teams, infantry battalion, 50 ambulances with crew, 15 cooks, OH-58 with crew, logistics aides, safety personnel, aircraft maintainers

Georgia 2- UH1s, 2 CH47s with crew, 1,500 Task Force personnel, Fire Vehicle, Cable/Copper Repair personnel

Idaho Refuelers

Illinois Security Forces, EMEDS personnel, public health personnel

Indiana 2,300 soldiers, 40 tankers

Iowa Medical Support Battalion

Kansas Air Refueling personnel, Emergency Medical teams, Guard Fire Fighters, Ministry Team, Internist, 25 EMEDs personnel and supplies

Kentucky 50 Heavy trucks with 150 soldiers, 24 person refueling team, food service personnel, Medical Preventative Medicine personnel, communications and LNO personnel

Kentucky Water Purifi cation Equipment with Operators, Ministry Team, medical personnel

Maine Preventative Medicine Team, Cable repair personnel, Security personnel

Maryland MP Security Company, 104 Personnel for S and R and ice and water distribution

Massachusetts Medical Offi cers

Michigan MP Security Company, construction engineers, EMEDS personnel

Minnesota Ministry Teams, Mental Stress Team, medical support

Missouri 2-C130 Aircraft with Crew, medical personnel

Montana Public Affairs Team

Nebraska Security Forces, Priest, Ground Safety Manager, ARW personnel

New Hampshire EMEDS personnel, bioenvironmental personnel

New Jersey Medical Support Personnel, bioenvironmental personnel

New York 8 UH6s, 2 CH7, 6 UH1 and 130 personnel, Rabbi, EMEDS personnel

North Dakota Water Purifi cation Equipment with Operators, 72 personnel from fi ghter wing

Ohio 119 soldiers for debris removal, etc., 1,300 Task Force soldiers, aviation assets, generators, 3 OH-58 with crew, aircraft maintenance personnel, food service personnel, EIS Management Team, tactical support personnel, EMEDS personnel, Air wing personnel

Oklahoma 25 personnel/Air Mobility, Fire Vehicle, Medical Support personnel

Oregon Chief of Safety, Medics, EMEDS personnel

Pennsylvania SatCom with personnel, AVC ATS Company, Food Services, Medical Support Personnel, EMEDS personnel

Puerto Rico Air wing personnel

Rhode Island Units to load and unload aircraft

South Carolina Bioenvironmental Engineer

Tennessee ATS Co. with Tower, TTCS, 3 MP Security Companies, fi xed wing support teams, engineering battalion, logistics control cell, Mobile Emergency Operations Center, EIS Teams, 26 personnel from air refueling wing, aviation assets, Forklift loader, Fire Vehicle, EIS Management Team, EIS Repair Team, 26 Security personnel

Utah Ministry Teams

Vermont Bioenvironmental personnel

Virginia 447 Light Infantry for security and recovery, EMEDs personnel

West Virginia Airlift Wing support

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Wisconsin EMEDs personnel

Wyoming Medical Support, Bioenvironmental Engineer

MISSISSIPPI EMAC COST TRACKER DATED OCTOBER 10, 2005

Cross also coordinated closely with all other state

entities involved, including the Mississippi Department

of Public Safety, in order to maintain a coordinated

law enforcement effort. Cross noted that coordination

between Guard engineering companies with various

utility companies to clear roads and restore electricity and

phone services was instrumental in getting power restored

to the majority of coastal counties well in advance of

projections.72

The National

Guard provided

immediate and

continued support

to the people of

Mississippi during

Hurricane Katrina.73

National Guard

accomplishments

included: 3,900

miles of roads

cleared of fallen

trees and debris; 1.2

million meals ready

to eat (MRE) and 1 million gallons of water delivered

via air (over 2,000 missions); 39 million pounds of ice,

56.4 million gallons of water, and 2.7 million MREs

distributed to central distribution points in 37 counties;

200 presence patrols and more than 600 search and rescue

missions conducted; law enforcement assistance provided,

resulting in 72 arrests; aircraft logged over 1,995 hours

and delivered 2.57 million pounds of cargo. Emergency

medical assistance from the Air National Guard assisted

hundreds of Mississippi citizens.

Department of Defense response

The day after Katrina made landfall, England led an

early roundtable session to get damage assessments for

DOD facilities and review resources that may be required

of DOD to support hurricane relief.74 The Secretary of

Defense was briefed on DOD’s response and Northern

Command issued several more alerts in anticipation of

requests for assistance.

While Honoré arrived on Wednesday, August 31, as

the commander of the newly established Joint Task Force

Katrina to supervise federal military operations, the

fi rst active duty Navy and Air Force personnel arrived in

Louisiana late Thursday, September 1, and active duty

Army personnel started to arrive early Friday, September

2.75 These active duty personnel helped the Louisiana

National Guard and the New Orleans Police Department

(NOPD) control the crowds during the evacuation of the

Superdome, maintain law and order in the streets, and

eventually conduct secondary searches, going door to

door looking for survivors or bodies and assisting those

who had not yet

escaped.

The support

provided by DOD

was invaluable,

according to a wide

variety of offi cials.76

DOD active duty

forces were involved

in search and

rescue, but generally

after the initial rescues from roofs by helicopters and

boats. They were involved in the more deliberate search

activities where mixed teams, to include National Guard,

law enforcement, Coast Guard, and DOD worked together

going house to house and searching for hold-outs and

dead bodies.77

DOD also took over FEMA’s logistics distribution

functions. According to FEMA Acting Director for

Response during Hurricane Katrina, Edward G. Buikema,

FEMA initially approached DOD about this mission on

Thursday, September 1.78 On that date, Colonel Richard

Chavez informed FEMA Acting Director of Operations Ken

Burris the request “would require a Secretary DHS [sic]

to Secretary DoD call to initiate and signifi cant General

Counsel input.”79 The formal Mission Assignment was

prepared the next day at 6:15 p.m.80 and by 7:41 p.m.,

McHale informed DHS Deputy Secretary Michael P.

Jackson that “SecDef agreed to support your RFA for broad

logistics support” and that DOD was “working on the

specifi c language — and a planning staff to implement

it.”81 Execution of the mission apparently began the next

day, September 3, according to written orders signed by

Principal Deputy Secretary of Defense for Homeland

Defense Pete Verga.82

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In the same e-mail to Jackson, McHale also said,

“We may actually be able to do more than you have

requested.”83 This apparently led to further meetings

and, according to McHale, an additional seven approved

mission assignments on Monday, September 5.84

Although Buikema and his FEMA colleague Deputy

Director of Response Michael Lowder expressed their

view that DOD acted slowly on the logistics request,85

the record refl ects a prompt decision, followed by fi nal

resolution of details involving a billion dollar mission

assignment. FEMA offi cials’ perception of a slow response

from DOD refl ected that they were (1) unaware of the

planning already under way (as refl ected in McHale’s e-

mail) before fi nal details were resolved and (2) possibly

an unrealistic expectation that acceptance of such a

massive mission would result in immediate action. This

was not, however, just a single airlift of needed supplies

— it was “planning and execution for the procurement,

transportation and distribution of ice, water, food, fuel

and medical supplies in support of the Katrina disaster in

Louisiana and Mississippi.”86

This is not to say that all went smoothly with

DOD support. For example, DOD apparently refused

to allow the shipment of MREs on FEMA-provided

transportation.87 The Defense Logistics Agency (DLA)

apparently claimed DLA could only ship MREs on “DOD

approved carriers” and DLA “would arrange transportation

within the next 24-48 hours.” The September 4 e-mail

lamenting this problem ended: “SEND MRE’S NOW.”

Finding: The Coast Guard’s response saved many lives, but coordination with other responders could improve

On August 29, the day Katrina made landfall, the U.S.

Coast Guard Sector New Orleans Incident Management

Team was stood up in Alexandria, Louisiana.88 Outside

of the forecasted area of impact, Coast Guard Disaster

Assistance Teams from Ohio, Kentucky, St. Louis,

Pittsburgh, and Miami were pre-positioned to the region

to respond as soon as conditions permitted.

During normal conditions, there are 15 helicopters

assigned within the Eighth Coast Guard District, along

with four fi xed-wing aircraft and 16 cutters.89 Within

hours of Hurricane Katrina’s passing, the Coast Guard

surged 31 cutters, 76 aircraft, 131 small boats, and over

4,000 personnel into the affected areas.

The fi rst Coast Guard rescue occurred within a few

hours after the storm made landfall.90 An HH-65 helicopter

working out of the Coast Guard’s Air Station New Orleans

located at Naval Air Station Bell Chasse rescued two adults

and one infant, operating in 60-knot winds.

On August 30, all pre-positioned Coast Guard aircraft

began conducting search and rescue missions, damage

over-fl ight assessments, and logistical support, and the

medium endurance cutter DECISIVE arrived offshore to

conduct damage assessment of oil platforms.91

To maximize the number of missions that could be

fl own, all of the helicopters refueled at Air Station New

Orleans, which was also in charge of Coast Guard air asset

coordination.92 When crew changes were to occur, the

Mobile-based aircraft would return to Mobile. Tasking

orders, such as directing a helicopter to pick up a particular

group of people, were provided when the aircraft was located

at a base, as well as any time communications were possible.

Nevertheless, specifi c tasking orders were not necessary in

the initial days after the storm because of the large volume

of survivors throughout the region. Helicopters were able to

rescue people without needing instructions.

Search and Rescue Communications

Communications were limited in many respects. Vital

communications infrastructure was destroyed by the

storm, and it was not possible for the Aviation Training

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Center or Air Station

New Orleans to

communicate directly

with the operations

centers in the rescue

area, nor could the

Emergency Operation

Center (EOC) in

Baton Rouge be

contacted.93 When

aircraft left their

base in Mobile,

communication

was limited to

aircraft-to-aircraft

transmissions; pilots were unable to speak with the

Aviation Training Center.94 When aircraft fl ew over

New Orleans, communication was possible with Task

Force Eagle (the National Guard command center for

air operations at the Superdome) and occasionally with

Air Station New Orleans.95 Air Station New Orleans lost

all power and telephone lines were inoperable.96 When

power was restored, however, it was intermittent at times

and continued to limit communications.97 By 5:00 p.m.

on the fi rst day of rescue operations, communication

became more diffi cult because of the large volume of

radio traffi c in the area.98 Boats were able to communicate

via limited range low-level radios, but these did not afford

continuous coverage for airborne assets.99 On Monday

August 29, a Coast Guard C-130 arrived to provide

communications assistance; it could occasionally patch air

communication to land lines (if operational) in St. Louis,

Missouri and Alexandria, Louisiana (where Sector New

Orleans had set up operations).100

For the fi rst three days, no air traffi c control was

available, and pilots relied solely on internal pilot-

to-pilot communications and standardization of

training to maintain order in the airspace.101 The Coast

Guard practice of standardization allowed for easy

communication between pilots who had never fl own

together before, and this proved to be critical to the

success of search and rescue missions in the fi rst days

without air traffi c control. A U.S. Customs and Border

Protection P-3 aircraft arrived four days after landfall to

provide air traffi c control and ground communication.

On the day of the storm, helicopter crews monitored

weather reports to determine locations in the region

where the weather would permit them to begin rescue

fl ight operations.102 Subsequently, crews proceeded to

areas located at the edge of the storm.103 The fi rst rescue

occurred in 60-knot winds in Port Sulphur, Louisiana

at approximately 3:00 p.m.104 One helicopter fl ew to

Air Station New Orleans to drop off three personnel

to clear the fi eld of debris, activate the generators, and

permit operations to resume at that location, while

others conducted rescues in Grand Isle, Louisiana and

St. Bernard Parish, Louisiana.105 At approximately 5:00

p.m., Coast Guard helicopters from Mobile and Houston

began rescuing people in New Orleans.106 At that time,

the Coast Guard only rescued people from immediate

danger and brought them to higher ground because of the

tens of thousands of people in immediate danger and the

limited fuel capacity of each helicopter.107 In the case of

people with medical conditions which required treatment,

helicopters transported them to the Louis Armstrong New

Orleans International Airport (New Orleans Airport).108

Central drop-off locations were not set up until the

next day, when large areas that were dry and close to

operations were able to be identifi ed.109

Conduct of Coast Guard search and rescue operations

Upon the completion of each mission and arrival on the

ground at either the Mobile or New Orleans Air Stations,

pilots briefed the Operations Commander on their missions,

including the number of people rescued.110 Given the time

constraints of performing rescues, the Coast Guard did not

record the names of those rescued, nor the locations where

they were deposited.111 While the immediate life saving

measures taken by the Coast Guard crews were laudable,

the failure to systemically communicate the location of the

rescued citizens to local authorities resulted in some rescued

persons being effectively stranded, lacking food, water, and

shelter for extended periods. There was no way to confi rm

whether survivors would remain in these locations, and

specifi c information concerning a number of those rescued

was communicated to other entities (EOCs and other Coast

Guard stations) whenever communications were possible.112

Within 24 hours of the storm, surface operations

(boats) were conducted out of Zephyr Field (a local

professional baseball stadium). According to the Coast

Guard, a unifi ed command for surface operations was

established at Zephyr Field with the Coast Guard, FEMA,

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216 A FAILURE OF INITIATIVE

and the Louisiana Department of Wildlife and Fisheries.113

A Coast Guard offi cer dispatched vessels. Crews returned

to the site for food and rest.

On the second day of operations, August 30, drop off

locations were chosen by helicopter pilots and established

at the Superdome, Lakefront Airport, the “Cloverleaf” (an

area along I-10), the University of New Orleans, Zephyr

Field, and New Orleans Airport.114 This information was

communicated to the FEMA representative at Zephyr

Field, who coordinated resources to assist survivors at

each location. Notwithstanding this effort to coordinate,

the hand-off was not effective, leaving many “rescued”

persons without sustenance or shelter for extended

periods. In addition, as larger numbers of survivors were

placed at each location, requests were made for larger

Department of Defense and National Guard helicopters,

including MH-53s (from the USS Bataan) and CH-47s to

shuttle them from dry land islands to locations accessible

by bus for further evacuation; the helicopters began

arriving on the same date.

On August 31, a Coast Guard liaison offi cer arrived at

Task Force Eagle (the National Guard command center for

air operations) at the Superdome.115 The National Guard

also received rescue requests at this site, and tasking orders

would be passed to Coast Guard helicopters that arrived at

that location.

The fi rst heavy lift aircraft to arrive at the New Orleans

Airport was a Coast Guard C-130.116 It brought water and

food to the area on approximately August 31, which was

subsequently forwarded to Zephyr Field, the Superdome,

and Air Station New Orleans to be distributed by

helicopters on their return fl ights to fl ooded areas. The

Coast Guard initiated this effort because it recognized that

victims placed on higher ground “islands” had not yet

been completely evacuated and required water and food,

as temperatures during the day were nearing one hundred

degrees. Once again, the effort was laudable but fell short

of the need, as some evacuees remained in distress.

On the afternoon of September 1, additional

communications were re-established when Coast Guard

Cutter SPENCER arrived on-scene in New Orleans.117

SPENCER took tactical control of Coast Guard surface

forces in New Orleans and, on September 2 established a

Vessel Traffi c System (VTS) to control marine vessel traffi c

in the area. The SPENCER’s communications capabilities

include satellite, medium frequency, high frequency,

and very high frequency voice and data communications

(surface – to - surface communications, and surface - to

- air voice and data links).

On September 2 and 3, Joint Field Operations (JFOs)

were established.118 In Louisiana, however, there were

Coast Guard and urban search and rescue personnel at

While the immediate life saving measures taken by the Coast Guard crews were laudable, the failure to systemically communicate the location of the rescued citizens to local authorities resulted in some rescued persons being effectively stranded, lacking food, water, and shelter for extended periods.

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the state EOC in Baton Rouge before the formalized JFO

was established. A cadre of Coast Guard personnel from

Port Arthur, and others, who had been evacuated from

New Orleans, was already in the EOC handling search and

rescue coordination.

By September 20, the Coast Guard had organized and

coordinated the rescue or evacuation of 33,544 people.119

At the height of Katrina operations, over 33 percent

of Coast Guard aircraft were deployed to the affected

region.120 Despite coordination diffi culties, the Coast

Guard’s efforts were heroic and saved countless lives.

Finding: The Army Corps of Engineers provided critical resources to Katrina victims, but pre-landfall contracts were not adequate

The Army Corps of Engineers (“USACE” or “Corps”),

another active duty military unit, provided critical

resources to respond to Hurricane Katrina. The Corps

provided relief and response support to FEMA in

accordance with the National Response Plan as the

lead federal agency for public works and engineering

(Emergency Support Function #3). Some of the Corps’

specifi c missions related to Hurricane Katrina included

providing water and ice to regional warehouses, providing

emergency power, providing emergency roof repair, and

removing debris.

During Katrina and the aftermath, USACE provided

112 million liters of water, 232 million pounds of ice,

installation of about 900 large generators, repairs to

170,000 roofs, and removal of a million cubic yards

of debris.121 USACE had pre-awarded competitively

bid contracts for all of these functions to allow quick

deployment of resources prior to and immediately after an

event.122 These pre-awarded contracts are part of USACE’s

Advanced Contracting Initiative (ACI) which has been in

place for six years.

Due to the magnitude of the destruction, USACE

pre-awarded contracts for roofi ng repair and debris

removal were not adequate, and additional contracts were

advertised and awarded using shortened but competitive

procedures.123 In addition, FEMA tasked USACE to

provide structural safety evaluations of low-rise and non-

public buildings in New Orleans and other locations.

To date, USACE has completed assessments of 47,800

of an estimated 80,000 to 100,000 units.124 Given the

large number of uninhabitable or unusable buildings,

FEMA has recently tasked USACE with demolition of

buildings.125 To date, USACE is still developing estimates

and conducting planning for the demolition mission.

Finding: The Department of Defense has not yet incorporated or implemented lessons learned from joint exercises in military assistance to civil authorities that would have allowed for a more effective response to Katrina

The Department of Defense participates in several

command and control exercises involving responses

to domestic emergencies, ranging from the combatant

command level to the national level.126 In the past these

have included Northern Command exercises UNIFIED

DEFENSE (2003,2004), ARDENT SENTRY (2005),

DETERMINED PROMISE (2003, 2004), VIGILANT

SHIELD (2005), DILIGENT ENDEAVOR (2003),

DILIGENT WARRIOR (2004), NORTHERN EDGE (2003),

SCARLET SHIELD (2004), DARK PORTAL (2004) and

TOPOFF (2003, 2005). Many of these exercise scenarios

were designed to overwhelm local and state assets to

evoke a response under the National Response Plan,

including the employment of DOD assets.

Hurricane Katrina was a test of the recently established

(post - 9/11) United States Northern Command, and its

ability to oversee and coordinate the largest use of active

duty and Guard military in a domestic action in recent

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history. Although Northern Command has conducted

numerous exercises with the National Guard in state and

local exercises, the lessons learned during these events were

not consistently applied to the military response to Katrina.

NORAD/NORTHCOM ARDENT SENTRY 05 was a

combined exercise with TOPOFF 3, conducted April 4-9,

2005.127 The overall goal of this exercise was to conduct a

joint service and interagency exercise that would provide

realistic training opportunities for all agencies in incident

management. Canadian forces also participated as part

of the North American Aerospace Defense Command

(NORAD). Another objective was to plan, deploy, and

employ DOD forces in support of civilian authorities’

operations in accordance with the National Response Plan

and DOD policy. The lessons learned during this exercise

offered a preview of problems that would surface again

during the Katrina response. Some of Northern Command’s

recommendations for improvement were as follows:

Conduct strategic effects-based planning between

DOD and DHS for each Incident Annex in the

National Response Plan.

Investigate requirement for integrated “National

Strategic Communications Plan” in coordination

with interagency partners.

Develop national capability to electronically

produce, staff, validate, approve and track mission

accomplishment of mission assignments.

Determine requirements for a “National Common

Operating Picture” in coordination with DHS,

Department of Justice, and other Federal agencies.128

TOPOFF 2 also contained fi ndings that, if corrected,

would have enhanced the federal response to Katrina.129

From uncertainty between federal and state roles

to the lack of robust and effi cient local emergency

communications and the need to improve data collection

from military agencies, TOPOFF 2 fi ndings were telling

predictors of some of the challenges the military faced.

Northern Command predicted in its ARDENT SENTRY/

TOPOFF 3 Master Executive Summary, that “this exercise

success is due in part to scenario constraints that could

provide a false sense of security and lack of incentive

to initiate or aggressively participate in the integrated

regionally-based planning that is so essential.”130 Just over

four months later, Katrina struck.

After Katrina, DOD offi cials refl ected on the

value of prior exercises. McHale commented that

government training exercises “have not been suffi ciently

challenging.”131 Other Pentagon offi cials noted that in

many cases, top offi cials, from Cabinet-level secretaries

and generals to governors and mayors, do not participate

and these simulations do not last long enough.132 The

Government Accountability Offi ce, in a November 29

briefi ng also noted key players are not always involved

in drills, the lessons from previous training and exercises

are not retained, and the training and exercises are more

targeted at terrorist events than natural disasters.133

The lack of implementation of lessons learned and

the training necessary to learn them resulted in less than

optimal response by all military components. Oxford

Analytica took the following view:

After Katrina made landfall, the NORTHCOM-led

military support mission suffered many of the

same planning failures, unclear lines of authority,

communication breakdowns, and shortages of

critical resources that were experienced by the

civilian agencies, such as the Department of

Homeland Security.134

Finding: The lack of integration of National Guard and active duty forces hampered the military response

“Title 10 versus 32 versus 14…again.”135

Coast Guard Vice Admiral Jim Hull, NORTHCOM

“Advance planning between active-duty personnel

and the Guard is vital – in contrast to the

cooperation that . . . unfolded during Katrina ‘on

the fl y’ – albeit by ‘superb leaders’.”136 Washington

Post, October 13, 2005, quoting Assistant Secretary of Defense Paul McHale

In a speech on October 21, McHale indicated planning

by the National Guard was not well integrated with the

A FAILURE OF INITIATIVE 219

overall military, and the Joint Staff did not

have a grasp of the National Guard’s plans.137

Interestingly, a September 14 e-mail originating

in the Joint Chiefs of Staff (JCS) offi ces

commended the Bureau’s efforts to provide

operational information to JCS.138 McHale

stated that National Guard plans were not well

integrated with overall DOD plans. The Joint

Staff acknowledged that the NGB was providing

timely and accurate reports, but Northern

Command was apparently more focused on active

operations and therefore did not have a well informed

view of the signifi cant National Guard effort in the region.

The Joint Staff e-mail went on to say that Northern

Command’s briefi ngs are too active duty focused and lack

unity of effort.139 In the same speech, McHale said DOD

did not understand how to integrate with the plans of the

National Guard.140 The reverse was also true, despite past

lessons learned.

In the TOPOFF 3 exercise in April 2005, it was clear the

National Guard and the National Guard Bureau would be

part of a large scale emergency response. The New Jersey

National Guard noted that “although TOPOFF 3 began as

an exercise with minimal National Guard involvement, it

quickly evolved into one that heavily relied upon Guard

participation, and identifi ed a need early on for assistance

from the National Guard Bureau.”141

At the time of Katrina landfall, however, the National

Guard did not have adequate knowledge of DOD

planning guidance developed at Northern Command,

including concept of operations plans and functional

plans for military support to civilian authorities.142

The National Guard After Action Report on TOPOFF 3

found that numerous members of the Guard operational

leadership did not have adequate knowledge of these

plans.143

At an after action meeting of state Adjutants General,

the Adjutants General agreed coordination between

active duty and National Guard in the response operation

needed to be improved. According to the meeting report,

“There was a lack of coordination of Joint Task Force

Katrina operation with the National Guard Headquarters

in the supported states.”144

The National Guard Bureau also reported lines of

command, control, and communications lacked clear

defi nition and coordination between federal military

forces and National Guard forces operating under state

control, resulting in duplicate efforts. For example,

elements of the 82nd Airborne Division moved into a

sector already being patrolled by the National Guard.145

The meeting report also stated:

Federal troops often arrived prior to being

requested and without good prior coordination.

This resulted in confusion and often placed

a strain on an already overburdened disaster

response system. A specifi c case in point was the

Marine Corps amphibious units which landed

in Mississippi without transportation, requiring

National Guard transportation assets to move

them to New Orleans increasing the burden on an

already stretched support system.146

The National Guard 38th Infantry Division, composed

of smaller Guard units from many states, reported they

never formally coordinated with Northern Command.147

Members of the 82nd Airborne Division, the fi rst active

duty personnel to arrival in New Orleans on September

3, had a similar experience. In a September 9 e-mail, a

soldier in the 82nd indicated coordination of evacuation

efforts in New Orleans was very poor.148

We’re conducting boat patrols using Coast Guard

boats but coordination is very diffi cult . . . . National

Guard seems to move in and out of sectors doing

what they want then just leaving without telling

anyone . . . . And this is in 4 days of operations.149

Despite the lack of integration in Washington, D.C.

and in Louisiana, active and reserve forces worked

well together in Mississippi. Notably, the Governor of

Mississippi did not request active duty military assistance,

relying instead on Mississippi and other National Guard

personnel provided through EMAC.

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However, in the DOD effort to lean forward, Honoré

contacted Cross immediately to offer any help needed,

and remained in contact with him daily in person or on

the phone.150 On September 3, Northern Command and

JTF Katrina received confi rmation from the Secretary of

Defense that JTF Katrina was to assume responsibility

for logistical operations in Mississippi and Louisiana in

response to FEMA’s request.151 All DOD operations in the

state of Mississippi were conducted with Cross’ consent.152

One of the most important roles played by DOD in

Mississippi was the delivery of military stocks of food and

water that started to arrive in Gulfport on September 1. In

his testimony before the Committee, Cross noted:

By the end of the second day after landfall, my

intelligence reports indicated that the previously

assumed fl ow of food and water was severely

restricted. Many pre-planned distribution points

were inaccessible and

many hundreds of

people were stranded by

fl ood waters, blocked

roadways or lack of fuel

for transportation. These

desperate civilians were

primarily observed by

aerial reconnaissance

in Hancock County.

Upon realization that

food and water was not

going to arrive by normal

means in time, I offered

an immediate airlift of

food and water utilizing our helicopters and our

rations and immediately requested through US

NORTHCOM an emergency airlift of military

stocks of MRE’s. Within a day, massive amounts

of MRE’s began arriving at Gulfport just in time to

be disseminated to prevent starvation. Almost 1.7

million MRE’s were fl own in to my position thanks

to the quick reaction of Lieutenant General Joe Inge

of Northern Command.153

Air Force personnel and aircraft from the 920th

Rescue Wing and 347th Rescue Wing, as well as Special

Operations Command aircraft arrived at the Jackson Air

National Guard Base the day after landfall, and along with

National Guard, performed search and rescue mission in

the fi rst days.154

The USS Bataan, the USS Truman, the USS Whidbey

Island, and other vessels supported Navy and Marine

Corps operations in Mississippi, delivering personnel,

equipment, and commodities.155 The USS Bataan had six

helicopters, one land craft, extensive logistics supplies,

and trauma medical capabilities that were used for

search and rescue in both Mississippi and Louisiana.156

According to a September 1 e-mail from Colonel Damon

Penn, Mississippi’s Defense Coordinator, a total of 19

active duty and National Guard teams were conducting

search and rescue missions on the Mississippi coast.157

The Naval Construction Battalion Center at Gulfport

was severely damaged during Katrina, and although most

of the 800 “Seabees” were evacuated before the hurricane

struck, remaining personnel and other Seabees deployed

by the Navy helped with Hurricane Katrina recovery

operations.158 Gulfport-based Seabees, who linked up

with the National Guard at their Joint Operations Center

in Gulfport, coordinated with the National Guard to clear

roads and assisted in removing debris.159 The Seabees also

set up logistics centers to distribute food and water and

provide emergency medical services.160 Two active-duty

Seabee battalions from Port Hueneme, California, their

subordinate detachments from both coasts, and Reserve

Seabee volunteers joined those already in Gulfport,

Mississippi, forming a total Seabee force of about 3,000

sailors by September 9.161 The Seabees were also joined by

100 Mexican Marines and 215 Canadian Navy personnel

who helped them work on FEMA temporary housing

sites, nursing home repair, and repairs to public buildings,

schools and construction sites.162

On September

5, 1,000 Marines

from the I Marine

Expeditionary

Force (MEF),

Camp Pendleton,

California, arrived

at Biloxi, and

1,000 Marines

from the II MEF Camp Lejeune, North Carolina, arrived at

Stennis Space Center.163 These Marine units, commanded

by Marine Corps Reserve Major General Douglas V.

Odell, Jr., assisted in the transportation of large amounts

of commodities, as well as providing personnel and

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equipment to assist in recovery operations in Hancock

County as directed by Cross.164 “Without concern for

service lines and or ‘Title of Authority,’ [Major General]

Odell accepted the mission and executed all requirements,

until directed by his higher headquarters to move to New

Orleans,” Cross said.165

On September 8, the USNS Comfort arrived in

Pascagoula to offer medical assistance and facilities.166

Four days later, the Northern Command suggested to

the Joint Chiefs of Staff that the Comfort be withdrawn

because there was “very limited usage;” estimated at

“fewer than a dozen patients.”167

According to Cross’ response to questions by the Select

Committee, the Mississippi National Guard maintained

a very good relationship with DOD forces. “Active

duty units that responded always took a subordinate,

support role and these units coordinated directly with

the Mississippi National Guard Forward Operations

Center.”168

In Louisiana, airborne search and rescue was another

area where National Guard and DOD integration was

lacking. As noted in the National Guard Bureau’s After

Action Report, National Guard and DOD active duty (as

well as other) helicopters were conducting rescue missions

over New Orleans with no preplanning for command and

control. The different helicopters had different radios and

used different frequencies, creating a dangerous situation

for mid-air collisions in an area with little or no air traffi c

control.169 Beyond the safety issue, National Guard and

DOD active duty assets operated under their own tasking

orders, which sometimes led to duplication.170 Search and

rescue coordination problems are discussed in more detail

later in this chapter.

Another Louisiana example illustrating integration

problems is the area of communication. The 35th Infantry

Division, a National Guard unit, arrived at Belle Chasse

Naval Air Station on September 6, and the 82nd Airborne

Division, a DOD active duty unit, was to provide them

with some communications support. Specifi cally, the

35th Infantry Division had forwarded its frequency

and network requirements and the 82nd Airborne

Division was to provide frequency management support

– providing specifi c frequencies to use. However, after the

arrival of the 35th, there was still confusion over what

frequencies to use because many systems were already

using the assigned frequency. The 35th Infantry Division

did not have the proper equipment to de-confl ict the

frequency use, and could not obtain it until September

12, almost a week later.171 For more information on

communication diffi culties during Hurricane Katrina, see

chapter on COMMUNICATIONS.

Finding: Northern Command does not have adequate insight into state response capabilities or adequate interface with governors, which contributed to a lack of mutual understanding and trust during the Katrina response

“There must be a strong agreement between

state and federal leadership as to the operational

objectives. State concerns about maintaining

sovereignty must be respected.”172 General H

Steven Blum, Chief, National Guard Bureau

“Admiral Keating, who heads US NORTHCOM, a

newly created military body overseeing homeland

defense, has told lawmakers that active-duty forces

should be given complete authority for responding

to catastrophic disasters. . . . The head of the

Washington State National Guard, General Timothy

Lowenberg, suggested in emails to colleagues

that Admiral Keating’s suggestion amounted to a

“policy of domestic regime change.”173 Wall Street

Journal, December 8, 2005

On Friday, September 1, the President offered to place

Honoré under the joint command of Northern Command

and Governor Blanco. Under this proposal, Honoré

would have commanded both active duty U.S. military

forces and the Louisiana National Guard, subject to the

command of the Governor with respect to the Guard and

Northern Command with respect to the federal active

duty troops. Governor Blanco declined this offer, leaving

Honoré and Northern Command in charge of the federal

active troops and Landrenau and Blanco in charge of the

Louisiana National Guard.

The Governors of the Gulf states chose not to

relinquish command of the National Guard units in their

respective states. While better coordination of the military

222 A FAILURE OF INITIATIVE

effort may have resulted if one commander were in charge

of all aspects of military support, the Governor had

confi dence in Landreneau and saw no need for an added

layer of command.

The Department of Defense was eager to assist the Gulf

states. The establishment of JTF Katrina to coordinate the

military response and the command’s desire to help made

state sovereignty an issue during the Katrina response.174

Florida, Alabama, and Mississippi declined active duty

military assistance, but active duty units pre-positioning

at active duty bases in Mississippi operated smoothly with

the Mississippi National Guard. Therefore, the issue of

federalism played out in Louisiana. Resolving this issue

may have slowed the active duty military response and

contributed to tension in the state-federal relationship. In

the end, there was a dual military response to Hurricane

Katrina in Louisiana. Honoré commanded the active

duty military response, and Landreneau commanded the

Louisiana National Guard response.

The failure of DOD, governors, and other state offi cials

to actively participate in joint planning for emergencies,

both natural and man-made, that occurred within

Northern Command’s area of responsibility contributed

to the tension. There were too few “civilian authorities” in

DOD’s military assistance to civilian authority planning.

As Northern Command lamented it did not have

adequate insight into the states, the Gulf governors also

lacked insight into the operations of Northern Command.

In Northern Command’s Master Exercise Summary

Report on ARDENT SENTRY/TOPOFF 3, concern

was expressed that Northern Command “does not

have adequate insight into state response capabilities

(responders, medical systems, National Guard, etc.) and

other federal capabilities (contracts, FEMA, DHHS, etc). .

. . This lack of understanding could contribute to off-

target planning for potential active duty DoD roles and

missions.” 175

DOD understands the different capabilities of

Transportation Command, Forces Command, 1st Army,

5th Army, the Air Force, the Marine Corps, the Navy and

role and capabilities of Joint Forces Command, Northern

Command and Joint Task Force Katrina, but the Governor

of Louisiana did not. In a September 19 interview

with Gannett News Service, Blanco commented on the

diffi culties of communicating her request for troops. She

said others asked, “Did you ask for this; did you ask for

that[?] It got to be a very diffi cult little game,” she said.176

One cause of this misunderstanding is that DOD and

DHS have not adequately defi ned what is required for

military assistance to civilian authorities during large

disasters. According to McHale, “It has never been the

plan, nor has the Department of Defense been trained,

resourced and equipped to provide a fi rst responder

capability.”177

According to a September 2003 report to Congress on

DOD’s role in supporting homeland security missions:

[The] Chairman [of the] Joint Chiefs of Staff,

maintains visibility of National Guard assets performing homeland security missions. . . .

Moreover, NORTHCOM and PACOM must have

insight into state-controlled National Guard operations to facilitate coordination between

Title 10 and Title 32 or State Active Duty military

operations, which might be occurring in the same

area, at the same time, towards a common goal.

[emphasis added]178

Honoré was not familiar with emergency operational

procedures and personnel within the Katrina states.

According to Blum, granting him a state commission

without the knowledge and understanding of the state’s

operational environment would not necessarily have

added anything to the response.179 The Gulf coast

governors, with their close relationships to state Adjutants

General and common experiences with past emergencies,

shared that view.180

Admiral Keating, the Commander of Northern

Command has acknowledged that there are advantages

to having a National Guard offi cer in command of

homeland response:

The advantages of using a N[ational] G[uard]

offi cer during a disaster are: (1) the overwhelming

majority of forces that respond to disasters are/will

DOD and DHS have not adequately defi ned what is required for military assistance to civilian authorities during large disasters.

A FAILURE OF INITIATIVE 223

be National Guard who will usually be on the scene

in a state active duty status before DOD is requested

to respond; (2) the NG is familiar with the local

area and the local culture; (3) the NG usually has

close ties with fi rst responders such as local and

state law enforcement, fi re departments, etc.; and

(4) the local community knows and relies upon the

NG because they are part of the community. . . . NG

personnel are more likely to have more experience

working with local responders than the active

component. A disadvantage of using a NG offi cer is:

NG commanders might not be familiar with federal

capabilities brought to the table, especially those

from Navy and Marines.181

Some of the Adjutants General from the Gulf states and

around the country believe the much needed integration,

trust, and increased understanding by state offi cials of

what constitutes joint military assistance would improve

if Northern Command were a National Guard Command,

led by an experienced National Guard offi cer.182

Northern Command’s mission is to “deter, prevent,

and defeat threats and aggression aimed at the United

States.”183 It also has a mission to “provide defense

support of civil authorities.”184 During a national

emergency within the United States, NORTHCOM

requires policies and procedures for interaction with

state offi cials. The absence of these policies hampered the

Katrina response.

The Select Committee does not believe there is a simple

answer to improving state and federal integration. Local

control and state sovereignty are important principles

rooted in the nation’s birth that cannot be discarded

merely to achieve more effi cient joint military operations

on American soil.

Finding: Even DOD lacked situational awareness of post-landfall conditions, which contributed to a slower response

The Department of Defense has signifi cant assets for the

collection of intelligence, as well as communications and

satellite equipment needed in all military operations. These

assets are at the very heart of conducting comprehensive

and directed military operations around the world, and

were not optimally used during the Katrina response. For

example, the Select Committee found little evidence that

DOD satellite imagery was used to great advantage to target

relief to the hardest hit areas, nor was information resulting

from DOD aerial damage assessment fl ights properly

disseminated. Lack of a unifi ed data collection system

among DOD military and civilian personnel also forced the

Department to rely on other sources.

Department of Defense documents indicated

an unusual reliance on news reports to obtain

information on what was happening on the ground in

the days immediately following landfall. It appeared

the Department also relied on the press for initial

damage assessment in New Orleans. Reliance on often

unsubstantiated press stories appeared to make DOD

reactive instead of a leading participant in the response.

DOD e-mail and JTF Katrina Commander’s

Assessments cited press as the source of the information

on looting, the situation at the Superdome, other shelters,

and the New Orleans Hyatt.185 E-mail from private

sources to Honoré and McHale about people needing to

be rescued at Xavier University and the Salvation Army

Building in New Orleans were acted on. In the Xavier case,

Honoré dispatched a reconnaissance team based on this

Department of Defense documents indicated an unusual reliance on news reports to obtain information on what was happening on the ground in the days immediately following landfall.

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information.186 An e-mail dated August 30 from a colonel

from the National Guard Bureau noted that Northern

Command, First Army, and Fifth Army commanders

could not make contact with the Louisiana State Adjutant

General.187

Keating stated that the biggest challenge for Northern

Command was “gaining and maintaining situational

awareness as to the catastrophic disaster.”188 This also

came as no surprise to McHale, who commented that

“early situational awareness was poor, a problem that

should have been corrected following identical damage

assessment challenges during Hurricane Andrew.”189

Finding: DOD lacked an information sharing protocol that would have enhanced joint situational awareness and communications between all military components

According to a National Guard assessment, JTF Katrina

“had limited visibility on in-transit forces” being

deployed. There was no system in place to track all

active duty or Guard “forces and material from ports of

embarkation” through distribution.190 For example, an

August 29 e-mail generated in the Offi ce of the Secretary

of Defense indicated concern over a Navy ship that

announced its deployment without legal authority or

Secretary of Defense approval.191

Information fl owing up from the National Guard

state headquarters or the National Guard Bureau also did

not always make its way to the JTF Katrina commander.

An August 31 e-mail confi rmed that 1st Army and 5th

Army headquarters could not communicate directly

with the Louisiana Defense Coordinating Offi cer, which

prevented the JTF Katrina commander from knowing

what Guard assets were streaming into New Orleans at the

time. On September 1, a general offi cer at NORTHCOM

complained he had not been getting e-mail from the

DCOs for two days.192

The Offi ce of the Assistant Secretary of Defense for

Homeland Defense also had problems keeping track of

what DOD capabilities were being utilized and what tasks

had been performed for the Homeland Defense Secretary.

In a September 4 e-mail, some questions posed were:

How many MREs have been made available by DoD? . .

What is the # of hospital beds on USN ships?. . .

What is the status of aerial surveillance capability? . . .

What is [the] status of the New Orleans Police

Department?

How linked up is the Guard with NOPD?193

There was also a request: “Need a daily DoD roll-up

matrix: What we’re doing, Who’s doing it, [and w]hat’s the

progress?194

During the TOPOFF 3 and ARDENT SENTRY 05

exercises, NORTHCOM learned that

. . . the ground rules for the channel of

communications between USNORTHCOM,

NGB J[oint] O[perations] C[enter] and State

National Guard JOCs is largely undefi ned. There

is not an agreement that delineates reporting

responsibilities for force readiness and disaster

response planning. Needed is a framework and an

agreed on channel of communications to ensure

the fl ow of information between USNORTHCOM,

NGB and State National Guard JOCs is timely and

complete.195

Yet, during Katrina, the National Guard Bureau learned

NORTHCOM did not standardize reporting guidelines.196

E-mails, logs, and daily briefi ngs indicated a great fl ow

of information between DOD component headquarters

and the National Guard Bureau. There also appeared to

be numerous mechanisms to assist in integrating federal

and state operations. These included the establishment

of a National Guard desk at the National Military

Command Center, Guard representation in the Northern

Command Joint Operations Center, web portals, daily

conference calls, and e-mail situation updates to key

leaders.197 However the Select Committee could fi nd no

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reporting requirements for sharing important information

between DOD entities. Blum, however, noted that “these

efforts, while effective, cannot be expected to overcome

the inability of forces on the ground to effectively share

information.”198

Finding: Joint Task Force Katrina command staff lacked joint training, which contributed to the lack of coordination between active duty components

Hurricane Katrina required the Army, Air Force, Navy, and

Marine Corps to work together in an emergency mission

in the continental United States. Although skilled and

trained in war-fi ghting missions abroad, conducting joint

missions in this country, quickly, and under tremendous

public pressure, posed integration challenges. One of the

fi ndings in an after action report from the Department

of the Navy stated: “Service cultural issues seemed to

dominate in a negative fashion.”199

The core element of the JTF is formed by the

1st Army Staff. There is a perception that JTF is

in essence, an Army T[ask] F[orce], with joint

augmentation and that this disposition colors their

decision making processes and view of the conduct

of operations. . . . In a crisis, organizations play to

their strengths and [tend] to disregard unfamiliar

capabilities or concepts.200

Retired Coast Guard Vice Admiral Jim Hull was asked

by Northern Command to assess the command’s Katrina

response. Hull’s observations were critical of JTF Katrina,

noting that the capabilities of 1st Army headquarters,

which formed the nucleus of JTF Katrina, “was not

organized or resourced to operate as a Joint Task Force.”201

Specifi c challenges ranged from inexperienced personnel

to lack of communications and equipment. “The JTF is

an ad-hoc organization doing the best it can without

the resources necessary to make it an optimal enabler,”

he said. Hull noted that as Honoré made command

decisions away from his headquarters, his staff was not

always informed. “We track General Honoré’s location by

watching CNN,” JTF Katrina staff said.

The Department of the Navy Emergency Preparedness

Liaison Offi cer Program in a September 12 After Action

Report listed key problems within JTF Katrina:

Joint Doctrine was largely ignored. In the melee

of the fi rst few days where lives literally hung in

the balance, perhaps this was a necessary course of

action. However, as the Active Duty Force began

to develop, the JTF Katrina headquarters never

transitioned from the very tactical mindset of life

saving to the operational mindset of sustaining

and enabling a Joint Force. Since the Forward

Command Element (General Honoré) was unable

to communicate, they became embroiled and

distracted with the tactical and were unable to focus

on even the most basic of operational issues….

Other units who were responding from outside

the area to integrate with what was called a “Joint”

task force expected certain doctrinal norms which

materialized very slowly or not at all.202

The report also remarked that since the JTF did not

establish a commander for all land components, 1st

Army, 5th Army, and the Marine Corps were unclear on

JTF Katrina expectations, causing confusion and lack of

coordination between land forces in New Orleans.203 The

effects of the diffi culties with creating and sustaining a

truly joint effort were visible on the ground in Louisiana,

especially during later evacuation efforts, and the

patrolling of New Orleans parishes.

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Finding: Joint task force Katrina, the National Guard, Louisiana, and Mississippi lacked needed communications equipment and the interoperability required for seamless on the ground coordination

Reliable communications were the exception in

the aftermath of Katrina. Even Honoré experienced

communications problems. Honoré moved into Camp

Shelby before he had the communications equipment

necessary to support JTF Katrina.204 Honoré’s staff was

frustrated at the lack of communications equipment.

According to a Navy after action report, “At this stage it is

believed that when the commander leaves Camp Shelby

in the morning and returns in the evening, the staff’s only

access to communicate with him is through a borrowed

Nextel cell phone and his Blackberry.205 The Navy

reported the USS IWO JIMA did have task force-capable

communications equipment during the fi rst ten days of

the storm that would have been of great help to General

Honoré.206

Blum also noted that “one critical area where we lack

integration is in interoperable communications. National

Guard units do not have the equipment necessary to

effectively share information with Title 10 forces. This

caused signifi cant challenges on the ground that then

bubbled up the chains.”207

At the time of Katrina, Northern Command had yet to

establish standardized communications architecture or

to identify the system and information requirements to

be used during homeland response operations.208 Oxford

Analytica reported:

Since September 11, emergency response planners

have recognized that during a major disaster, local

communications systems would be disrupted or

disabled, and communication between federal,

state, and local offi cials is a particularly weak

link in coordinating emergency response. Katrina

showed that little has been accomplished to fi x this

disconnect. Within the military, the National Guard

was hindered by a shortage of communications

equipment. These shortcomings suggest that the

Pentagon does not assign homeland defense a

suffi ciently high priority.209

The loss of communications infrastructure in

Mississippi and Louisiana due to hurricane forces caused

a great deal of confusion for days following landfall.

Communication outages that occurred in state emergency

offi ces also caused problems in situational awareness. The

state Adjutant General of Mississippi on the Gulf coast

could not reach the Mississippi Emergency Management

Agency in Jackson until two days after landfall.210 When

cell phones and towers were destroyed or lost power,

states were not equipped with backup communications

capabilities even with Guard forces. According to Cross:

One of the biggest lessons learned was the need to

adequate, redundant communications systems with

an emphasis on satellite backhaul capability in the

event of cellular and landline failure. Obviously,

this type of equipment requires resourcing. The

Mississippi National Guard received $29,100

for fi scal year 2005 for Military Support to Civil

Authorities. $8,000 of this amount was applied to

pay the satellite phone service bill for the seven

satellite phones currently on hand. In order for

the Mississippi National Guard to be prepared to

respond to catastrophic events, it must be funded

accordingly.211

The Louisiana National Guard also experienced

problems with lost or weak communications

infrastructure.212 Immediately after Hurricane Katrina

passed, the Industrial Canal levee broke, fl ooding the

National Guard headquarters at Jackson Barracks. The

Guard had to abandon its headquarters operations center

and establish a new one, including new communications

connections, at the Superdome. Re-establishing these

communications was greatly facilitated by the arrival of the

state’s Weapons of Mass Destruction (WMD) Civil Support

Team (CST) and its emergency communications suite.

However, the National Guard in Louisiana was also

plagued by problems with the state’s 800 MegaHertz

public safety radio system, which it shares with the state’s

law enforcement and other public safety agencies. State

offi cials said this system was about 11 years old and

A FAILURE OF INITIATIVE 227

limited to 48 channels.213 They said it was not designed

to handle thousands of calls, so the volume of calls after

Hurricane Katrina overloaded the system. In addition,

one of the state’s three 800 MegaHerz relay towers, the

Buras tower in Plaquemines Parish, was toppled by the

hurricane, which further degraded the capacity of the

system.214 Louisiana National Guard offi cials cited the

weaknesses in this system as one of the reasons they had

problems communicating with the state’s Emergency

Operations Center in Baton Rouge.215

The National Guard Bureau confi rmed that its liaison

teams should also be deployed with signifi cant mobile

communications.216 The Louisiana NGB Liaison Offi cer

was equipped with a satellite phone, which was critical

during the fi rst days of response.217

Finding: EMAC processing, pre-arranged state compacts, and Guard equipment packages need improvement

Although there was a consensus among federal, state,

and local offi cials that Emergency Mutual Assistant

Compacts worked very well, the current EMAC approval

process is cumbersome, and therefore not fast or suited

to a large scale emergency. While initial Adjutant General

to Adjutant General coordination allowed for rapid

deployment of National Guard forces during Katrina, the

sheer size of the emergency pointed out weaknesses in the

current system.

As key communications infrastructure was taken out,

the ability to negotiate state-to-state compacts became

diffi cult, if not impossible. In the hours immediately

following landfall, when it was needed most, offers of

assistance from states all over the country were delayed in

the EMAC process, as other states’ invaluable assets were

not immediately visible to the states affected.

The National Guard Bureau stepped in to help the

Gulf state Adjutants General prior to landfall, and

increased its management of requests for National Guard

forces throughout the response, but some states still

used the standard EMAC process through the National

Coordinating Committee (NCC). As both the National

Guard Bureau and the NCC tried to anticipate requests,

this dual track approach for requesting troops caused

confusion and duplicated efforts. Better coordination

between the NGB and the NCC was needed.218

In addition, not all National Guard personnel are

trained in the EMAC process. Louisiana National Guard

offi cers seemed to lack the knowledge and experience

necessary to manage the tremendous surge of requests for

assistance, as well as fi eld offers from other states under

EMAC. This inexperience was one of the reasons the

National Guard Bureau played an unusually large role in

the EMAC process.219

More familiarity with the EMAC procedures and assets

by Northern Command and other federal forces would

also have enhanced joint response efforts and given them

a better appreciation of National Guard capabilities.220

Finding: Equipment, personnel, and training shortfalls affected the National Guard response

Needed equipment and manpower

The Army National Guard relied heavily on its aviation

units and found that helicopter hoist-equipped aircraft

resulted in immediate and successful search and rescue

operations. Current Army doctrine, however, does not

provide suffi cient numbers of hoist-equipped aircraft to its

Guard counterpart, nor stage them regionally to support

responses to events of signifi cant size.221 For example,

the Mississippi National Guard needed more airlift and

helicopters immediately. Cross suggested pre-arranged

state compacts for hurricane assets, especially search and

rescue aviation assets, would make these assets more

readily available and not run the risk they could not be

obtained through EMAC requests.222

The current EMAC approval process is cumbersome, and therefore not fast or suited to a large scale emergency.

228 A FAILURE OF INITIATIVE

The Air National Guard also relied heavily on its airlift

capabilities during Hurricane Katrina. The Air National

Guard fl ew 351 missions with C-130s between August

30 and September 6.223 Air National Guard personnel

reported that:

The C-130 is the ANG work horse, moving

equipment for the National Guard such as CST’s,

EMEDS, and civil engineering equipment into areas

with moderate to heavy infrastructure damage…the

Guard can’t have enough of them for responding

to major homeland emergencies…they are

essential.224

New aircraft like the C-17 are better suited to carry

over-size equipment such as the Rapid Engineer

Deployable Operational Repair Squadron Engineer

(RED HORSE) Squadrons, but the limited number

of C-17s in inventory require its use to take care

of war fi ghting requirements overseas. This 404-

person mobile construction squadron does it all:

rapid damage assessment, repair, contingency

heavy construction operations such as roads and

ramps.225 Red Horse Squadrons were invaluable

during Katrina.226

At the time of Katrina’s landfall, Northern Command

had not yet articulated specifi c requirements or capabilities

that National Guard forces need during major homeland

disasters.227 Without established formal requirements, the

equipment deemed necessary for the National Guard to

assist civilian authorities in Katrina had not been purchased

by the Department of the Army and the Department of the

Air Force. The military departments only establish units and

procure equipment for which formal mission requirements

have been validated, like Title 10 warfi ghting missions

abroad. Northern Command has yet to determine — with

or without input from DHS — which specifi c military

assets should be dedicated to provide military assistance to

civilian authorities, in part because DHS has not articulated

the requirement to DOD in any formal manner.228

Therefore, at the present time, DOD does not require the

purchase of equipment specifi cally for homeland defense

or military assistance to civilian authorities for the National

Guard.

Attempts to rent needed equipment were complicated

by the great demand for heavy machinery created by the

storm. Cross noted that contractors responding to other

federal, state, and local requests for assistance leased the

same type of equipment sought by the National Guard,

leaving little

available for

National Guard

use.229

In a National

Guard After

Action Review

dated September

2005, it was

strongly recommended that the Department of Defense

“identify the Continental United States mission as a valid

requirement and equip it as a valid tasking.”230

“I was there. I saw what needed to be done. They

were the fastest, best capable, most appropriate force

to get there in the time allowed. And that’s what it’s

all about.” General Blum231

Hurricane Katrina required signifi cant National Guard

manpower, and quickly. With the current level of 457,000

personnel in the National Guard, the Katrina response

demonstrated the Guard response was not hindered

by the deployment of Guard troops to support the War

on Terrorism. According to Blum, although National

Guard from the affected states were deployed overseas,

Guardsmen from surrounding, and then other states

quickly supplemented the effort.232 At landfall, over 40

percent of the Mississippi Guard, some 4,200 troops, were

deployed overseas. Fortunately, critical engineering units

and military police units were home.233 In Louisiana,

Blanco asked for the immediate return of Louisiana

National Guard troops from Iraq, but the National Guard

Bureau was satisfi ed it could provide suffi cient troops

from other states to meet the needs of Louisiana more

quickly than trying to extract Louisiana troops from

combat operations in Iraq.234 The Joint Staff and Center

for Army Lessons Learned were very impressed at the

ability of the Guard to mobilize and move a Corps worth

of personnel and equipment in four days.235

Nonetheless, organizational challenges surfaced in this

rapid deployment. The National Guard forces fl owing

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A FAILURE OF INITIATIVE 229

into the staging areas at Alexandria, Louisiana, and to the

Naval Air Station New Orleans at Belle Chasse arrived

so quickly that the number of Guardsmen assigned

to process and task these units was too small.236 The

capabilities of each unit were not readily known by the

logistics personnel tasking offi cers, causing further delays.

A lack of well defi ned personnel and equipment

packages by the Department of Defense to support

civilian authorities in large disasters degraded instant

tasking of units deployed to Louisiana.237 General DOD

development of regional strike forces composed of various

National Guard units would have done a great deal to

mitigate the effects of a large natural disaster or other

catastrophic event: “Hurricane equipment packages for the

Guard should be developed by the Department of Defense

to help them provide more adequate assistance to civilian

authorities in the future, Cross said.”238

Current law hindered some congressionally mandated National Guard Civil Support Teams’ response

Congress established WMD Civil Support Teams (CSTs)

to deploy rapidly to assist local incident commanders in

determining the nature and extent of an attack or incident;

provide expert technical advice on WMD response

operations; and help identify and support the arrival of

follow-on state and federal military response assets.239 The

fi rst 10 teams were funded as part of the National Defense

Appropriations Act for FY 1999. Each team consists of 22

highly skilled, full-time National Guard members who

are federally resourced, trained, and exercised in chemical,

biological, and nuclear specialties, and skilled in

reconnaissance, medical support, logistics, administration,

communications, air liaison, and security.240

In these capacities, especially the use of their

communications vehicles, the National Guard CSTs

proved invaluable to the Katrina response. On September

2, a JTF Katrina offi cial relayed a report from the National

Guard Bureau that CSTs from Connecticut, North

Carolina, Nebraska, Utah, Arkansas, West Virginia,

Indiana, Kansas, Alabama, and the District of Columbia

were on route to the Gulf Coast.241

During Katrina, there was confusion regarding the legal

aspects of CST deployment, as some states interpreted

the law to mean they were only authorized to be used

for WMD incidents, and only in their states.242 This

interpretation delayed deployment of these vehicles

to Mississippi. Lieutenant Colonel Smithson of the

Mississippi National Guard said, “CSTs saved the day, I

just wish they were here sooner.”243 Clarifying that they

are available for use beyond WMD events would have

greatly enhanced states abilities to react quickly to the

Katrina disaster. 244

Guard personnel categories caused confusion

Multiple types of duty status of National Guard

personnel presented some legal challenges in the proper

employment of forces.245 State military lawyers interpreted

laws, regulations, and policies pertaining to the various

statuses and units of assignment very differently, which

caused unnecessary delays. Delays in the Title 32 approval

process, previously identifi ed, added to the diffi culty. The

National Guard Bureau May 23, 2005 after action report

on TOPOFF 3 found:

As highlighted in Operation Winter Freeze, [the

Democratic National Convention, the Republican

National Convention] and [the] G-8 summit,

and further during Ardent Sentry 05 events, the

T[itle] 10/ T[itle] 32 approval process must be

standardized. Current process is lengthy, largely

undefi ned, and requires excessive time periods for

approval.246

E-mails from various state Adjutants General began

to arrive at the National Guard Bureau immediately after

landfall inquiring about changing all Guard response

to Title 32.247 The National Guard Bureau agreed with

these suggestions and began to actively discuss this status

change with the Department of Defense.248 On September

2, 4 and 5 respectively, Governor Riley of Alabama,

Governor Barbour of Mississippi, and Governor Blanco

of Louisiana wrote to the Secretary of Defense to formally

ask that all National Guard personnel responding in their

states be put on Title 32, Chapter 9, a new operational

section of Title 32 that allows for the National Guard to

perform homeland missions under governor control.249

The Select Committee believes the Guard response in

Katrina would have been more effective had the decision

to place National Guard troops in Title 32 status been

made earlier by the governors, the National Guard Bureau,

and the Secretary of Defense.

230 A FAILURE OF INITIATIVE

Lack of unifi ed DOD support for enhanced Guard resources under Title 32

A September 10 NGB e-mail to Blum indicated frustration

at the lack of understanding by the Army and Air Force

and some DOD offi ces of Title 32 and the resources that

were to fl ow to the National Guard of states participating

in the Katrina response.250 Currently, there are no

clear directives for the use of Title 32 National Guard

homeland missions, so the confusion was not unexpected.

The e-mail indicates, however, that some offi cials in

DOD did not totally embrace the use of Title 32 during

the Katrina response. The e-mail stated specifi cally that

the Principal Deputy Assistant Secretary of Defense for

Reserve Affairs, Craig Duehring, expressed that Title 32

would only apply to the three affected states; that Service

Secretaries must get approval from the Deputy Secretary

of Personnel and Readiness before issuing any orders; and

that the Offi ce of Reserve Affairs will “run this” and have a

matrix of needed information that will be required before

any consideration is given to funding of Guard activities.

Even though the Deputy Secretary of Defense approved

use of Title 32 on September 7, uncertainty within the

Pentagon on Title 32 parameters, required the National

Guard Bureau to ensure Title 32 status for those states

who had rushed in to help.251

Lack of training for Military Assistance to Law Enforcement (MSCLEA)

Before the storm, the Louisiana National Guard opened

the Superdome for evacuees with a minimal number of

staff, many of whom were not military police or formally

trained for crowd control operations. On Monday night,

August 29, when an increased number of Louisiana

National Guard arrived at the Superdome, they found

many Guard personnel working at checkpoints alone,

with no hand held radios, and unarmed. Though the

crowd was generally peaceful, even when the plumbing

failed, these soldiers were in a volatile situation they

were not trained to handle.252 An Army National Guard

after action report dated December 21 found these Guard

personnel were not properly trained to respond to areas

where there are a large number of civilians, resulting in

risk to their safety and the safety of others.253 McHale

indicated the Pentagon is interested in enhanced training

for National Guard in this homeland role. “I think we will

be looking at formalizing the training, equipment and

deployment capability associated with National Guard

military police units,” McHale said.254

Finding: Search and rescue operations were a temendous success, but coordination and integration between the military services, the National Guard, the Coast Guard, and other local, state, and federal rescue organizations was lacking

“During the fi rst four days, no single organization

or agency was in charge of providing a coordinated

effort for rescue operations.”255 Admiral Timothy

Keating, Commander, NORTHERN COMMAND

Urban search and

rescue operations

are multi-agency

in nature and no

standardized federal

system currently

exists to effectively

integrate operations.

The lack of a coordination mechanism and standardized

processes led to duplication of effort in some locations

The Select Committee believes the Guard response in Katrina would have been more effective had the decision to place National Guard troops in Title 32 status been made earlier by the governors, the National Guard Bureau, and the Secretary of Defense.

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and a lack of response in others. Each military entity

relied on its own airspace coordinators during the fi rst

critical days, which also contributed to a lack of awareness

of who was doing what.

In New Orleans, the Louisiana National Guard and the

U.S. Coast Guard maintained separate tactical operations

centers for airborne search and rescue missions. The

National Guard had its tactical operations center with

Task Force Eagle at the Superdome, and the Coast Guard

had its tactical operations center at Belle Chasse Naval Air

Station. The two entities divided up areas and ran separate

operations.

Because of the urgent emphasis on getting victims

to high ground, the drop-off points were not well

coordinated. While some were dropped off at the

Superdome (which provided shelter, food, and water),

others were dropped off at the Convention Center (which

provided only shelter), and others were dropped off on

freeway overpasses or levees (with nothing at all). The

philosophy at that point was to save fi rst, then worry later

about providing other relief.256 This situation resulted

in people being saved from the fl oodwaters, but then

suffering — some for days — in sweltering conditions

with or without food and water. ■

232 A FAILURE OF INITIATIVE

1 Hearing on Hurricane Katrina: Preparedness and Response by the Department of Defense, the Coast Guard, and the National Guard of Louisiana, Mississippi, and Alabama Before Select Comm., 109th Cong. (Oct. 27, 2005) (written statement of Paul McHale, Assistant Secretary of Defense for Homeland Defense at 4) [hereinafter Oct. 27, 2005 Select Comm. Hearing].

2 Id. at 8. 3 Id. at 6. 4 Joint Hearing on Role of the Military and National Guard in Disaster Responses Before the House Armed Services Subcommittee on Terrorism,

Unconventional Threats and Capabilities and the House Homeland Security Subcommittee on Emergency Preparedness, Science, and Technology, 109th Cong. (Nov. 9, 2005) at 7 (written statement of Paul McHale, Assistant Secretary of Defense for Homeland Defense) [hereinafter Nov. 9, 2005 Joint Armed Services and Homeland Hearing].

5 Hearing Before Base Realignment and Closure Commission (Aug. 11, 2005) at 34 (statements of Harold Gehman, 2005 BRAC Commissioner, and Peter Verga, Principal Deputy Assistant Secretary of Defense for Homeland Defense) [hereinafter Aug. 11, 2005 BRAC Commission Hearing].

6 E-mail correspondence from Col. Richard Chavez, Senior Military Advisor for Civil Support to Anthony Capra, Offi ce of Assistant Secretary of Defense for Homeland Defense, et al., (Aug. 30, 2005) (12:18 p.m.).

7 E-mail correspondence from InSung Oaks Lee, Senior Watch Offi cer, Department of Homeland Security [hereinafter DHS] to Homeland Security Operations Center [hereinafter HSOC] Federal Emergency Management Agency [hereinafter FEMA] mailing list, et al. (Aug. 30, 2005) (10:43 a.m.).

8 See generally E-mail correspondence from Anthony Capra, OASD Homeland Defense, Department of Defense [hereinafter DOD] Desk to Michael Ritchie, Offi ce of the Secretary of Defense, Policy, (Aug. 29, 2005) (12:15 p.m.); E-mail correspondence from Anthony Capra, OASD Homeland Defense Desk, DOD Desk to DOD HD Coordination Group, et al. (Aug. 30, 2005) (10:54 a.m.); E-mail correspondence from Col. Richard Chavez, Senior Military Advisor for Civil Support, DOD to Anthony Capra, OASD Homeland Defense Desk, DOD Desk, et al. (Aug. 30, 2005) (12:18 p.m.); E-mail correspondence from Anthony Capra, OASD Homeland Defense Desk, DOD Desk to Col. Richard Chavez, Senior Military Advisor for Civil Support, DOD (Aug. 30, 2005) (11:36 a.m.); see also E-mail correspondence between DOD HSOC and FEMA HSOC (Sept. 3-4, 2005).

9 See generally E-mail correspondence between policy staff of Offi ce of Secretary for Defense (Sept, 5, 2005). 10 Oct. 27, 2005 Select Comm. Hearing at 10 (written statement of Adm. Timothy Keating, Commander, North American Aerospace Defense

Command [hereinafter NORAD] and U.S. Northern Command [hereinafter NORTHCOM]). 11 See Hearing on Hurricane Katrina: The Role of the Federal Emergency Management Agency Before Select Comm., 109th Cong. at 34-35, 162 (Sept. 27,

2005) (statement of Michael Brown, Former Director, FEMA) [hereinafter Sept. 27, 2005 Select Comm. Hearing]. 12 Mark Sappenfi eld, Battle Brews Over a Bigger Military Role, CHRISTIAN SCI. MONITOR, Dec. 13, 2005 at 3. 13 Interview by Select Comm. Staff with Andrew Kopplin, Chief of Staff to Gov. Kathleen Blanco, State of LA [hereinafter Kopplin Interview] in

Baton Rouge, LA (Nov. 6, 2005); Interview by Select Comm. Staff with Jeff Smith, LA State Coordinating Offi cer, in Baton Rouge, LA (Nov. 7, 2005).

14 Kopplin Interview; Interview by Select Comm. Staff with Col. Stephen Dabadie, Chief of Staff to Maj. Gen. Bennett C. Landreneau, The Adjutant General, State of LA [hereinafter Dabadie Interview] in Baton Rouge, LA (Nov. 4, 2005).

15 Interview by Select Comm. Staff with Scott Wells, Deputy Federal Coordinating Offi cer, FEMA, in Baton Rouge, LA [hereinafter Wells Interview] (Nov. 9, 2005).

16 Sept. 27, 2005 Select Comm. Hearing at 34-35, 84, 109, 112, 113, 126, 161 (statement of Michael Brown, Former Director, FEMA). 17 See Oct. 27, 2005 Select Comm. Hearing at 127 (statement of Adm. Timothy Keating, Commander, NORAD-NORTHCOM and statement of

Paul McHale, Assistant Secretary of Defense for Homeland Defense); Interview by Select Comm. Staff with Bill Lokey, Federal Coordinating Offi cer for LA, FEMA in Washington, DC [hereinafter Lokey Interview] (Dec. 2, 2005); Wells Interview.

18 Kopplin Interview. 19 Lokey Interview. 20 Nov. 9, 2005 Joint Armed Services and Homeland Hearing (written statement of Lt. Gen. H Steven Blum, Chief, National Guard Bureau

[hereinafter NGB] at 2-3). 21 Interview by Select Comm. Staff with Lt. Gen. H Steven Blum, Chief, NGB, Lt. Gen. Daniel James, III, Director, Air National Guard, and Lt.

Gen. Clyde A. Vaughn, United States Army, Director, Army National Guard [hereinafter Blum, James, and Vaughn Interview] in Arlington, VA (Dec. 19, 2005).

22 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Lt. Gen. H Steven Blum, Chief, NGB). 23 See NGB, Hurricane Katrina, National Guard After Action Review Observations, National Guard Timeline at 17 [hereinafter National Guard Timeline

as of Dec. 21, 2005] (Dec. 21, 2005). 24 Interview by Select Comm. Staff with Brig. Gen. Pete Aylward, NGB, Liaison Offi cer assigned to Lt. Gen. Russell Honoré, First US Army,

Commanding General, in Arlington, VA (Jan. 5, 2006); Memorandum from Acting Deputy Secretary of Defense Gordon England for Secretaries of the Military Departments, Chairman of the Joint Chiefs of Staff, Undersecretaries of Defense, Commander, United States Northern Command, Assistant Secretaries of Defense, and General Counsel, DOD (Sept. 9, 2005).

25 See National Guard Timeline as of Dec. 21, 2005 at 13. 26 Director of Army National Guard, DARNG Katrina [hereinafter Dec. 19, 2005 Army National Guard Binder] (Dec. 19, 2005). 27 Id. 28 See Dec. 19, 2005 Army National Guard Binder; National Guard Timeline as of Dec. 21, 2005 at 14; E-mail correspondence from Lt. Gen. H

Steven Blum, Chief, NGB to National Guard Adjutants General, et al. (Aug. 31, 2005) (10:01 a.m.).

A FAILURE OF INITIATIVE 233

29 Blum, James, Vaughn Interview; E-mail correspondence from Maj. Gen. Francis Vavala, The Adjutant General, State of Delaware, to Lt. Gen. Steven Blum, Chief, NGB, (Aug. 31, 2005) (11:45 a.m.); E-mail correspondence from Lt. Gen. Clyde A. Vaughn, Director, Army National Guard (Sept. 1, 2005) (10:43 a.m.); E-mail correspondence from Maj. Gen. Douglas Burnett, The Adjutant General, State of Florida, to Lt. Gen. Steven Blum, Chief, NGB, (Sept. 4, 2005) (7:21 p.m.); E-mail correspondence from Lt. Col. Chuck Larcom, Senior Army Advisor, Rhode Island, to Lt. Gen. Russel Honoré, First US Army, Commanding General (Sept. 1, 2005) (11:19 a.m.); E-mail correspondence from Lt. Gen. Steven Blum, Chief, NGB to National Guard Adjutants General, et al. (Aug. 31, 2005) (10:01 a.m.). E-mail correspondence from NGB Chief to all Adjutant Generals regarding deployment coordination for Hurricane Katrina Relief (Aug. 31, 2005).

30 National Guard Timeline as of Dec. 21, 2005 at 17. 31 See Blum, James, Vaughn Interview; National Guard Timeline as of Dec. 21, 2005; Nicole Gaouette, et al., Government’s Response Plan Proves to

be a Disaster, STAMFORD ADVOCATE, Sept. 15, 2005 at A1. 32 National Guard Timeline as of Dec. 21, 2005 at 17. 33 10 U.S.C. § 333 (2005). 34 E-mail correspondence from Jon Sims, DOD Offi ce of General Counsel to Paul McHale, Assistant Secretary for Defense for Homeland Defense

(attached Memorandum of Agreement Concerning Authorization, Consent, and Use of Dual Status Commander for JTF Katrina) (Sept. 2, 2005) (11:45 p.m.).

35 Draft Letter from Governor Kathleen Blanco, State of LA, to President George W. Bush (Sept. 3, 2005). 36 Letter from Governor Kathleen Blanco, State of LA, to President George W. Bush (Sept. 3, 2005). 37 Letter from Governor Bob Riley, State of Alabama, to Donald Rumsfeld, Secretary of Defense (Sept. 2, 2005) [hereinafter Sept. 2, 2005 Letter

from Gov. Riley to Sec. Rumsfeld]; Letter from Governor Haley Barbour, State of MS to Donald Rumsfeld, Secretary of Defense (Sept. 4, 2005) [hereinafter Sept. 4, 2005 Letter from Gov. Barbour to Sec. Rumsfeld]; Letter from Governor Kathleen Blanco, State of LA, to Donald Rumsfeld, Secretary of Defense (Sept. 5, 2005) [hereinafter Sept. 5, 2005 Letter from Gov. Blanco to Sec. Rumsfeld].

38 E-mail correspondence from Maj. Gen. Gus Hargett, The Adjutant General, State of Tennessee (Sept. 2, 2005) (6:07 p.m.); E-mail correspondence from Maj. Gen. David Poythress, The Adjutant General, State of Georgia (Sept. 2, 2005) (4:35 p.m.); E-mail correspondence from Maj. Gen. Mason Whitney, The Adjutant General, State of Colorado (Sept. 2, 2005) (17:28 p.m.).

39 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Lt. Gen. H Steven Blum, Chief, NGB). 40 Sept. 2, 2005 Letter from Gov. Riley to Sec. Rumsfeld; Sept. 4, 2005 Letter from Gov. Barbour to Sec. Rumsfeld; Sept. 5, 2005 Letter from Gov.

Blanco to Sec. Rumsfeld. 41 Dec. 19, 2005 Blum, James, Vaughn Interview; National Guard Timeline as of Dec. 21, 2005 at 24. 42 Memorandum from Gordon England, Deputy Secretary of Defense, to Francis Harvey, Secretary of the Army, and Acting Secretary of the Air

Force (Sept. 7, 2005). 43 National Guard Timeline as of Dec. 21, 2005 at 29. 44 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Adm. Timothy Keating, Commander, NORAD-

NORTHCOM). 45 See NGB, Chief’s Battle Update Brief Covers 04 1400 September 2005, (Sept. 4, 2005); NGB, Chiefs Battle Update Brief Covers 01 September 2005,

(Sept. 1, 2005). 46 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Lt. Gen. Steven Blum, Chief, NGB); Steve Bowman,

Lawrence Kapp, and Amy Belasco, Hurricane Katrina: DOD Disaster Response, CRS Report for Congress, RL33095 at 10 (Sept. 19, 2005). 47 See Mississippi National Guard, Hurricane Katrina August 2005-November 2005 [hereinafter “Mississippi National Guard Daily Logs”]. 48 Blum, James, and Vaughn Interview. 49 Air National Guard, NGAUS ANG Breakout, Lt. Gen. Daniel James, III, Director, Air National Guard [hereinafter Sept. 19, 2005 NGAUS ANG

Breakout] (Sept. 19, 2005). 50 U.S. Air Force, Expeditionary Medical Support, Offi ce of the Air Force Surgeon General, Air Force Medical Evaluation Support Activity at 5. 51 National Guard Timeline as of Dec. 21, 2005 at 14-15. 52 E-mail correspondence from Maj. Gen. Scott Mayes, 1st Air Force, Command and Control, to Adm. Timothy Keating, Commander, NORAD-

NORTHCOM, et al. (Aug. 30, 2005) (2:40 p.m.). 53 National Guard Timeline as of Dec. 21, 2005; Army National Guard Aviation, Hurricane Katrina – Aviation Support (Aug. 29, 2005) (attached

to E-mail correspondence from Maj. Karl Konzelman, NGB to Lt. Gen. Russel Honoré, First US Army, Commanding General, et al. (Aug. 30, 2005) (10:32 a.m.)); Sept. 19, 2005 NGAUS ANG Breakout.

54 E-mail correspondence from Fletcher Thornton, Joint Operations Center, HQ, First U.S. Army (Sept. 2, 2005). 55 See NGB, Chief’s Battle Update Brief, Covers 04 1400 September 2005; Louisiana National Guard, Overview, Hurricane Recovery, Focus of Effort. 56 Interview by Select Comm. Staff with Col. Barry Keeling, Commander of Task Force Eagle, LA National Guard, [hereinafter Keeling Interview]

in New Orleans, LA (Nov. 3, 2005); Interview by Select Comm. Staff with General Brod Veillon, Commander of Task Force Minnow, LA National Guard, [hereinafter Veillon Interview] in New Orleans, LA (Nov. 3, 2005).

57 Interview by Select Comm. Staff with Lt. Col. Jacques Thibodeaux, LA National Guard [hereinafter Thibodeaux Interview], in New Orleans, LA (Nov. 3, 2005); Dabadie Interview.

58 Id. 59 Email correspondence from Angela Copple, EMAC Coordinator, National Emergency Management Association regarding numbers of

personnel assisting by State (Nov. 3, 2005) (2:49 p.m.). 60 Alabama National Guard, Hurricane Katrina Binder at Tab 1, p. 3-4, and Tab 4. 61 Governor Bob Riley, State of AL, Press Release: Governor Riley Declares State of Emergency Due to Approaching Hurricane, Requests Federal

Assistance, Aug. 28, 2005. 62 Alabama National Guard, Hurricane Katrina Binder at Tab 1 at p. 6, and Tab 4. 63 Id. at Tab 4. 64 Briefi ng Memorandum prepared for Hearing on Hurricane Katrina: Preparedness and Response by the State of MS Before Select Comm., 109th Cong.

(Dec. 7, 2005) [hereinafter Dec. 7, 2005 Select Comm. Hearing Briefi ng Memorandum]. 65 Oct. 27, 2005 Select Comm. Hearing at 3-4 (written submission of Maj. Gen. Harold A. Cross, The Adjutant General, State of MS).

234 A FAILURE OF INITIATIVE

66 See Id. 67 Dec. 7, 2005 Select Comm. Hearing Briefi ng Memorandum. 68 Mississippi Nat. Guard Joint Force Headquarters, Joint Task Force Magnolia, Operation Secure Magnolia, Hurricane Katrina August 26-Present

[hereinafter Operation Secure Magnolia Presentation]; Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Maj. Gen. Harold A. Cross, The Adjutant General, State of MS).

69 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Maj. Gen. Harold A. Cross, The Adjutant General, State of MS).

70 Dec. 19, 2005 Army National Guard Binder. 71 Memorandum from Acting Deputy Secretary of Defense Gordon England for Chairman of the Joint Chiefs of Staff, Undersecretary of Defense

(Comptroller), Undersecretary of Defense for Personnel and Readiness, General Counsel, DOD, Assistant Secretary of Defense for Homeland Defense, Chief, NGB (Sept. 7, 2005).

72 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Maj. Gen. Harold A. Cross, The Adjutant General, State of MS).

73 Operation Secure Magnolia Presentation. 74 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Adm. Timothy Keating, Commander, NORAD-

NORTHCOM). 75 Id. 76 Dabadie Interview; Interview by Select Comm. Staff with Jiff Hingle, Sheriff, Plaquemines Parish, in New Orleans, LA (Nov. 8, 2005); Interview

by Select Comm. Staff with Terry Ebbert, Homeland Security Director of New Orleans, in New Orleans, LA [hereinafter Ebbert Interview] (Nov. 9, 2005); Lokey Interview.

77 Thibodeaux Interview; Ebbert Interview. 78 Interview by Select Comm. Staff with Ed Buikema, Response and Recovery Directorate, FEMA, [hereinafter Buikema Interview] in Washington,

DC (Jan. 6, 2006). 79 E-mail correspondence from Col. Richard Chavez, USAF, Senior Military Advisor for Civil Support, to Thomas Kuster, Offi ce of the Secretary of

Defense, Policy, et al. (Sept. 2, 2005) (9:38 a.m.). 80 Letter from Paul McHale, Assistant Secretary of Defense for Homeland Defense to the Honorable Tom Davis, Chairman, Select Comm. (Jan.

25, 2006). 81 E-mail correspondence from Paul McHale, Assistant Secretary of Defense for Homeland Defense to Michael Jackson, Deputy Secretary, DHS

(Sept. 2, 2005) (7:41 p.m.). 82 DOD, MOD 8 to EXORD for DOD Support to FEMA for Hurricane Katrina, signed by Peter Verga, Principal Deputy Assistant Secretary of

Defense for Homeland Defense (Sept. 3, 2005). 83 E-mail correspondence from Paul McHale, Assistant Secretary of Defense for Homeland Defense to Michael Jackson, Deputy Secretary, DHS

(Sept. 2, 2005) (7:41 p.m.). 84 Letter from Paul McHale, Assistant Secretary of Defense for Homeland Defense to the Honorable Tom Davis, Chairman, Select Comm. (Jan.

25, 2006). 85 Buikema Interview; Interview by Select Comm. Staff with Michael Lowder, Director of Response Division, FEMA, in Washington, DC (Jan. 5,

2006). 86 DOD, MOD 8 to EXORD for DOD Support to FEMA for Hurricane Katrina, signed by Peter Verga, Principal Deputy Assistant Secretary

of Defense for Homeland Defense (Sept. 3, 2005); See also E-mail correspondence from Paul McHale, Assistant Secretary of Defense for Homeland Defense to Michael Jackson, Deputy Secretary, DHS (Sept. 2, 2005) (7:41 p.m.).

87 E-mail correspondence from Richard Harrington to Linda Sabatini, et al. (Sept. 4, 2005) (3:32 p.m.). 88 E-mail correspondence from Coast Guard Headquarters regarding District Eight situation Report (Sept. 7, 2005) (9:44 p.m.). 89 Briefi ng for Select Comm. Staff on Response and Recovery Operations and Authorities with Coast Guard Offi cials (Oct. 27, 2005). 90 Id. 91 E-mail correspondence from Coast Guard Headquarters regarding District Eight situation Report (Sept. 7, 2005) (9:44 p.m.). 92 Briefi ng for Select Comm. Staff on Response and Recovery Operations and Authorities with Captain Jones, Coast Guard [hereinafter Jan. 10,

2006 Jones Briefi ng] (Jan. 10, 2006). 93 Briefi ng for Select Comm. Staff on Response and Recovery Operations and Authorities with Coast Guard Offi cials (Nov. 21, 2005). 94 Id. 95 Jan. 10, 2006 Jones Briefi ng. 96 Id. 97 Id. 98 Id. 99 Briefi ng for Select Comm. Staff on Response and Recovery Operations and Authorities with Coast Guard Offi cials (Nov. 29, 2005). 100 Jan. 10, 2006 Jones Briefi ng. 101 Id. 102 Id. 103 Id. 104 Briefi ng for Select Comm. Staff on Response and Recovery Operations and Authorities with Coast Guard Offi cials (Oct. 27, 2005). 105 Id. 106 Id. 107 Briefi ng for Select Comm. Staff on Response and Recovery Operations and Authorities with Coast Guard Offi cials (Nov. 21, 2005). 108 Briefi ng for Select Comm. Staff on Response and Recovery Operations and Authorities with Coast Guard Offi cials (Nov. 29, 2005). 109 Jan. 10, 2006 Jones Briefi ng.

A FAILURE OF INITIATIVE 235

110 Briefi ng for Select Comm. Staff on Response and Recovery Operations and Authorities with Coast Guard Offi cials (Nov. 21, 2005). 111 Briefi ng for Select Comm. Staff on Response and Recovery Operations and Authorities with Coast Guard Offi cials (Nov. 29, 2005). 112 Id. 113 Jan. 10, 2006 Jones Briefi ng. 114 Id. 115 Id. 116 Id. 117 Briefi ng for Select Comm. Staff on Response and Recovery Operations and Authorities with Coast Guard Offi cials (Jan. 3, 2006). 118 Id. 119 Briefi ng for Select Comm. Staff on Response and Recovery Operations and Authorities with Coast Guard Offi cials (Oct. 27, 2005). 120 Oct. 27, 2005 Select Comm. Hearing at 4 (written statement of Rear Adm. Dennis Sirois, Assistant Commandant for Operations, U.S. Coast

Guard). 121 Briefi ng for Select Comm. Staff on 2005 Hurricane Season with Bill Irwin, U.S. Army Corp. of Engineers (Dec. 9, 2005). 122 Hearing on Hurricane Katrina: The Federal Government’s Use of Contractors to Prepare and Respond Before Select Comm. [hereinafter Nov. 2,

2005 Hearing on Contractors], 109th Cong. (Nov. 2, 2005) at 1 (written statement of Col. Norbert Doyle, Principal Assistant Responsible for Contracting (Acting), U.S. Army Corps of Engineers).

123 Id. 124 U.S. Army Corps of Engineers, USACE/ESF#3: Hurricane Season 2005, 23 (Oct. 28, 2005) (on fi le with the Select Comm.). 125 Nov. 2, 2005 Hearing on Contractors (written statement of Col. Norbert Doyle). 126 Nov. 9, 2005 Joint Armed Services and Homeland Hearing at 7 (written statement of Paul McHale, Assistant Secretary of Defense for Homeland

Defense). 127 NORAD-NORTHCOM, Master Exercise Summary Report ARDENT SENTRY 2005 at 1, 2, 5, 7 [hereinafter July 29, 2005 Master Exercise Summary

Report] (July 29, 2005). 128 Id. at 1-2. 129 DHS, TOPOFF Exercise Series: TOPOFF 2 After Action Summary Report (Dec. 19, 2003). 130 July 29, 2005 Master Exercise Summary Report at 10-11. 131 Tom Bowman, Reviews Fault U.S. Disaster Response Plans; Relief Plans Lack Needed Detail, Military Offi cials Say, THE BALTIMORE SUN,

(Washington, DC), Oct. 24, 2005 at 4A. 132 Id. 133 Briefi ng for Select Comm. Staff on Hurricane Katrina: Themes from Initial Field Work in Four States by Government Accountability Offi ce in

Washington, DC (Nov. 29, 2005). 134 United States: Pentagon Expands Homeland Security Role, OXFORD ANALYTICA, (Oct. 12, 2005); available at http://www.oxan.com. 135 NORTHCOM, VADM Hull’s In-Brief at 12. 136 Ann Scott Tyson, Pentagon Plans to Beef Up Domestic Rapid-Response Forces, WASHINGTON POST, (Washington, DC), Oct. 13, 2005 at 4. 137 Pam Zubeck, NorthCom Offi cial Lists Katrina Lessons, COLORADO SPRINGS GAZETTE, (College Park, MD) Oct. 22, 2005 at A6 [hereinafter

Oct. 22, 2005 NorthCom Article]. 138 E-mail correspondence from Brig. Gen Terry Scherling, USAF, Deputy Director for Anti-Terrorism and Homeland Defense to Lt. Gen. Steven

Blum, Chief, NGB, et al. (Sept. 14, 2005) (4:12 p.m.). 139 Id. 140 See Oct. 22, 2005 NorthCom Article. 141 Memorandum from Maj. Robert K. Bryan, New Jersey Army National Guard to Joint Force Headquarter, New Jersey National Guard (Apr. 25,

2005). 142 Oct. 22, 2005 NorthCom Article; Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Lt. Gen. H Steven Blum). 143 See NGB, National Guard Bureau Contribution to NORTHCOM Ardent Sentry 05 Executive Summary at 9 (May 23, 2005); see also Oct. 22, 2005

NorthCom Article. 144 NGB, National Guard After Action Review, Hurricane Response, September 2005 at 203 [hereinafter Dec. 21, 2005 NGB After Action Review] (Dec.

21, 2005). 145 Id. 146 Id. at 191-192. 147 Id. at 244. 148 E-mail correspondence from Andrew Poppas to Lt. Col. Manley Alford, Hurricane Katrina, Crisis Action Team (Sept. 8, 2005) (2:51 p.m.). 149 Id. 150 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Maj. Gen. Harold A. Cross, The Adjutant General, State of

MS). 151 E-mail correspondence from Brig. Gen. Michael Ferriter to Lt. Gen. Robert Wagner et al. (Sept. 3, 2005) (2:08 p.m.). 152 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Maj. Gen. Harold A. Cross, The Adjutant General, State of

MS). 153 Id. at 4-5. 154 NORTHCOM, News Release: U.S. Northern Command Support to Hurricane Katrina Disaster Relief, (Peterson AFB, Colorado) Aug. 31, 2005. 155 See generally E-mail correspondence from Col. Damon Penn, Defense Coordinating Offi cer to Lt. Gen. Russel Honoré, First US Army,

Commanding General, et al. (Sept. 5, 2005) (7:43 p.m.); E-mail correspondence from Adm. Michael Mullen to Adm. Timothy Keating, Commander, NORAD-NORTHCOM, et al. (Sept. 12, 2005) (4:14 p.m.); DOD, Offi ce of Public Affairs, DoD Update: Sept 5, 2005-Katrina- OASD (HD) executive summary (Sept. 5, 2005).

236 A FAILURE OF INITIATIVE

156 See JTF-Katrina, JTF-Katrina Commander’s Assessment, (Sept. 5, 2005); DOD, Offi ce of Public Affairs, DoD Update: Aug. 31, 2005-Hurricane Katrina (Aug. 31, 2005); DoD Support to Katrina to Hurricane KATRINA, OASD (HD) Executive Summary (Dec. 16, 2005); E-mail correspondence from Cdr. J.N. Massello, USN, Crew Chief, D Crew, USNORTHCOM Operations Center regarding USNORTHCOM Operations (Sept. 2, 2005) (6:59 a.m.).

157 See E-mail correspondence from Col. Damon Penn, Defense Coordinating Offi cer to Lt. Gen. Russel Honoré, First US Army, Commanding General, et al. (Sept. 1, 2005) (2:14 p.m.).

158 OPNAV Battle Watch, Katrina Damage Installations, (Aug. 31, 2005). 159 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Maj. Gen. Harold A. Cross, The Adjutant General, State of

MS). 160 See OPNAV Battle Watch, Katrina Damage Installations, (Aug. 31, 2005); Navy Offi ce of Information, Navy Seabee Katrina Relief Effort Fact Sheet,

NAVY NEWSSTAND, Sept. 19, 2005. 161 OPNAV Battle Watch, Katrina Damage Installations, (Aug. 31, 2005); Daryl Smith, 1st Naval Construction Division Public Affairs, Seabee

Hurricane Recovery Force to Reach 3,000, NAVY NEWSSTAND, Sept. 2, 2005. 162 OPNAV Battle Watch, Katrina Damage Installations, (Aug. 31, 2005); Navy Offi ce of Information, Navy Seabee Katrina Relief Effort Fact Sheet,

NAVY NEWSSTAND, Sept. 19, 2005. 163 DOD, Offi ce of Public Affairs, DoD Update: Sept 5, 2005-Katrina-OASD (HD) executive summary (Sept. 5, 2005). 164 See JTF-Katrina, JTF-Katrina Commander’s Assessment, (Sept. 5, 2005); Oct. 27, 2005 Select Comm. Hearing (written response to questions for the

record of Maj. Gen. Harold A. Cross, The Adjutant General, State of Mississippi); E-mail correspondence from Maj. Gen. Rich Rowe, Director Operations, J3 NORTHCOM to Adm. Timothy Keating, Commander, NORAD-NORTHCOM, et al. (Sept. 3, 2005) (11:15 p.m.).

165 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Maj. Gen. Harold A. Cross, The Adjutant General, State of MS).

166 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Adm. Timothy Keating, Commander, NORAD- NORTHCOM).

167 E-mail correspondence from Maj. Gen. Rich Rowe, Director Operations, J3 NORTHCOM to Lt. Gen. James Conway, Joint Chiefs of Staff, J3, et al. (Sept. 11, 2005) (5:20 p.m.).

168 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Maj. Gen. Harold A. Cross, The Adjutant General, State of MS).

169 Dec. 21, 2005 NGB After Action Review at 90. 170 Id. at 151. 171 Id. at 104-105. 172 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Lt. Gen. H Steven Blum). 173 Robert Block and Amy Schatz, Local and Federal Authorities Battle to Control Disaster Relief, WALL STREET JOURNAL (Marco Island, FL) at 1, Dec.

8, 2005. 174 See Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Maj. Gen. Harold A. Cross, The Adjutant General, State

of MS); Hearing on Hurricane Katrina: Preparedness and Response by the State of Alabama Before Select Comm., 109th Cong. (Nov. 9, 2005) (written statement of Governor Bob Riley, State of Alabama); Robert Block and Amy Schatz, Local and Federal Authorities Battle to Control Disaster Relief, WALL STREET JOURNAL (Marco Island, FL) at 1, Dec. 8, 2005.

175 July 29, 2005 Master Exercise Summary Report at 27. 176 John Hill, Blanco: National Guard ‘saved the day,’ GANNETT NEWS SERVICE (Baton Rouge, LA), Sept. 19, 2005. 177 Caitlin Harrington, Pentagon Rethinking Role of Military in Disaster Response, CQ HOMELAND SECURITY, Sept. 20, 2005. 178 DOD, Report to Congress on The Role of the Department of Defense in Supporting Homeland Security at 15 (Sept. 2003). 179 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Lt. Gen. H Steven Blum). 180 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Maj. Gen. Harold A. Cross, The Adjutant General, State of

MS); Oct. 27, 2005 Select Comm. Hearing (written statement of Maj. Gen. C. Mark Bowen, The Adjutant General, State of Alabama). 181 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Adm. Timothy Keating, Commander, NORAD-

NORTHCOM). 182 Interview by Select Comm. Staff with Maj. Gen. Harold A. Cross, The Adjutants General, State of MS (Jan. 6, 2006); interview by Select Comm.

Staff with State Adjutants General at Air Nat’l Guard Senior Leadership Conference, Dec. 13-14, 2005. 183 NORTHCOM, Who We Are – Mission, available at http://www.northcom.mil/index.cfm?fuseaction=s.who_mission. 184 Id. 185 E-mail correspondence from Anthony Capra to POL DoD HD Coordination Group (Aug. 29, 2005) (1:55 p.m.); E-mail correspondence from

Phil Dalton, Battle Captain, HQ First Army, to Lt. Gen. Russel Honoré, First US Army, Commanding General, et al. (Aug. 29, 2005) (2:29 p.m.); E-mail correspondence from Phil Dalton, Battle Captain, HQ First Army, to Lt. Gen. Russel Honoré, First US Army, Commanding General, et al. (Aug. 29, 2005) (2:36 p.m.); JTF Katrina Commanders Assessments (Daily) (Aug. 31-Sept. 2, 2005).

186 E-mail from Lt. Gen. Russel Honoré, First US Army, Commanding General to Col. James Hickey, Chief of Staff, First US Army (Sept. 1, 2005) (1:55 p.m.).

187 E-mail correspondence from Col. William Harrison, FORSCOM G3 AVN, to Col. Paul Kelly, NGB (Aug. 30, 2005) (10:35 p.m.). 188 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Adm. Timothy Keating, Commander, NORAD-

NORTHCOM). 189 Mark Mazzetti, Military Sees Limits to Role in U.S. Disasters, LOS ANGELES TIMES (Washington), Oct. 13, 2005 at A11. 190 Dec. 21, 2005 NGB After Action Review at 168. 191 E-mail correspondence from Michael Ritchie, Offi ce of the Secretary of Defense, Policy to Anthony Capra, OASD Homeland Defense, DOD

Desk (Aug. 29, 2005) (1:14 p.m.). 192 E-mail correspondence from Col. William Harrison, FORSCOM G3 AVN, to Col. Paul Kelly, NGB (Aug. 30, 2005) (10:35 p.m.); E-mail

correspondence from Maj. Gen. Rich Rowe, Director Operations, J3 NORTHCOM to Lt. Gen. Russel Honoré, First US Army, Commanding General, et al. (Sept. 1, 2005) (10:21 a.m.).

A FAILURE OF INITIATIVE 237

193 E-mail correspondence from Col. Mark Scraba, Senior Military Assistant to the Assistant Secretary of Defense for Homeland Defense, to Paul McHale, Assistant Secretary of Defense for Homeland Defense, et al. (Sept. 4, 2005) (2:25 p.m.).

194 Id. 195 July 29, 2005 Master Exercise Summary Report. 196 Dec. 21, 2005 NGB After Action Review at 147. 197 See DOD Offi cial E-mails: Lt. Gen. Steven Blum, Chief, NGB at MMTF 00415-05; DOD Offi cial E-mails: Paul McHale, Assistant Secretary of

Defense for Homeland Defense at MMTF 00418-05. 198 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Lt. Gen. H Steven Blum). 199 Department of the Navy, Navy Emergency Preparedness Liaison Offi cer Program at First Army Memorandum to Commander, First Army, After

Action Report and Lessons Learned at 14 (Sept. 12, 2005). 200 Id. at 11. 201 NORTHCOM, VADM Hull’s In-Brief at 12. 202 Department of the Navy, Navy Emergency Preparedness Liaison Offi cer Program at First Army Memorandum to Commander, First Army, After

Action Report and Lessons Learned at 7 (Sept. 12, 2005). 203 Id. 204 NORTHCOM, VADM Hull’s In-Brief at 12. 205 Department of the Navy, Navy Emergency Preparedness Liaison Offi cer Program at First Army Memorandum to Commander, First Army, After

Action Report and Lessons Learned at 9 (Sept. 12, 2005). 206 Id. at 14-15. 207 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Lt. Gen. H Steven Blum). 208 Id. 209 United States: Pentagon Expands Homeland Security Role, OXFORD ANALYTICA, (Oct. 12, 2005); available at http://www.oxan.com. 210 Interview by Select Comm. Staff with Maj. Gen. Harold A. Cross, The Adjutant General, State of MS, in MS (Oct. 12, 2006). 211 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Maj. Gen. Harold A. Cross, Adjutant General, State of Ms). 212 Veillon Interview; Dabadie Interview. 213 Interview by Select Comm. Staff with Matt Farlow, Division Chief, Information Technology Division, Louisiana Offi ce of Homeland Security

and Emergency Preparedness, [hereinafter Farlow Interview] in Baton Rouge, LA (Nov. 4, 2005); Interview by Select Comm. Staff with Rex McDonald, Information Technology and Communications Director, Louisiana Department of Public Safety and Corrections, [hereinafter McDonald Interview] in Baton Rouge, LA (Nov. 7, 2005).

214 Farlow Interview; McDonald Interview. 215 Veillon Interview; Dabadie Interview. 216 Dec. 21, 2005 NGB After Action Review at 71. 217 Id. at 166. 218 Id. at 146. 219 Id. at 5, 7, 70, 137, 177-178, 251, 260, 262. 220 Id. at 137. 221 Id. at 67. 222 Operation Secure Magnolia Presentation; Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Maj. Gen. Harold

A. Cross, The Adjutant General, State of MS). 223 Air National Guard, ANG C-130 Support for Hurricane Relief Missions. 224 Briefi ng for Select Comm. Staff by NGB Staff in Washington, DC (Jan. 11, 2006). 225 U.S. Air Force, Headquarters Air Force Civil Engineer Support Agency, Offi ce of Public Affairs, Fact Sheet: United States Air Force Red Horse

Squadrons; Briefi ng for Select Comm. Staff by NGB Staff in Washington, DC (Jan. 11, 2006). 226 Briefi ng for Select Comm. Staff by NGB Staff in Washington, DC (Jan. 11, 2006). 227 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Adm. Timothy Keating, Commander, NORAD-

NORTHCOM); DOD, Strategy for Homeland Defense and Civil Support, Washington, DC (June 2005). 228 Aug. 11, 2005 BRAC Commission Hearing (statement of Peter Verga, Principal Deputy Assistant Secretary of Defense for Homeland Defense). 229 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Maj. Gen. Harold A. Cross, Adjutant General, State of MS). 230 Dec. 21, 2005 NGB After Action Review at 215. 231 Eric Lipton, et al., Political Issues Snarled Plans for Troop Aid, NEW YORK TIMES (Washington), (Sept. 9, 2005). 232 Dec. 19, 2005 Blum, James, Vaughn Interview. 233 Operation Secure Magnolia Presentation. 234 Letter from Governor Kathleen Blanco, State of LA, to President George W. Bush (Sept. 2, 2005). 235 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Lt. Gen. H Steven Blum). 236 Dec. 21, 2005 NGB After Action Review at 87-88. 237 Id. 238 Interview by Select Comm. Staff with Maj. Gen. Harold A. Cross, The Adjutant General, State of MS (Jan. 6, 2006). 239 DOD, Offi ce of Assistant Secretary of Defense for Public Affairs, DOD Announces Plans for 17 New WMD Civil Support Teams (Jan. 13, 2000). 240 Id.; Gerry Gilmore, Guard-Staffed WMD Civil Support Teams Slated for Increase, AMERICAN FORCES INFORMATION SERVICE (Washington),

Jan. 20, 2004; Donna Miles, Guard Civil Support Teams Provide WMD Expertise to Communities, AIR FORCE NEWS (Camp Robinson, AR), (May 26, 2005).

241 E-mail correspondence from Ronald Jones, Chief, WMD Division to 1A JOC WMD, et al. (Sept. 2, 2005) (11:21 a.m.). 242 Dec. 21, 2005 NGB After Action Review at 196. 243 Id. 244 Id.

238 A FAILURE OF INITIATIVE

245 Dec. 21, 2005 NGB After Action Review at 64; E-mail correspondence from Lt. Gen. Clyde A. Vaughn, Director, Army National Guard to Brig. Gen. Frank Grass, Deputy Director, Army National Guard (Sept. 11, 2005) (6:35 a.m.).

246 NGB, National Guard Bureau Contribution to NORTHCOM Ardent Sentry 05 Executive Summary at 8 (May 23, 2005). 247 See E-mail correspondence from Maj. Gen. Gus Hargett, The Adjutant General, State of Tennessee (Sept. 2, 2005) (6:07 p.m.); E-mail

correspondence from Maj. Gen. David Poythress, The Adjutant General, State of Georgia (Sept. 2, 2005) (4:35 p.m.); E-mail correspondence from Maj. Gen. Mason Whitney, The Adjutant General, State of Colorado (Sept. 2, 2005) (17:28 p.m.).

248 Dec. 19, 2005 Blum, James, Vaughn Interview. 249 Sept. 2, 2005 Letter from Gov. Riley to Sec. Rumsfeld; Sept. 4, 2005 Letter from Gov. Barbour to Sec. Rumsfeld; Sept. 5, 2005 Letter from Gov.

Blanco to Sec. Rumsfeld. 250 E-mail from Col. Kelly McKeague, NGB, to Lt. Gen. Steven Blum, Chief, NGB, et al. (Sept. 10, 2005) (8:03 a.m.). 251 Id.; E-mail correspondence from Lt. Gen. Clyde A. Vaughn, Director, Army National Guard to Brig. Gen. Frank Grass, Deputy Director, Army

National Guard (Sept. 11, 2005) (6:35 a.m.). 252 Dec. 21, 2005 NGB After Action Review at 91. 253 See Id. 254 Caitlin Harrington, Pentagon Rethinking Role of Military in Disaster Response, CQ HOMELAND SECURITY, Sept. 20, 2005. 255 Oct. 27, 2005 Select Comm. Hearing (written response to questions for the record of Adm. Timothy Keating, Commander, NORAD-

NORTHCOM). 256 Veillon Interview; Keeling Interview.

A FAILURE OF INITIATIVE 239

240 A FAILURE OF INITIATIVE

“The members of the public safety community aggressively moved into areas

immediately after the storm passed and saved many lives and brought order. This

was a very diffi cult mission as much of the public safety infrastructure, police

and sheriff’s stations, patrol cars, and communications had been destroyed in the

coastal communities.” William L. Carwile, III

Hurricane Katrina Federal Coordination Offi cer for Mississippi

Select Committee hearing, December 7, 2005

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LAW ENFORCEMENT

The collapse of law enforcement and the lack of effective public communications led to civil unrest and further delayed relief

Summary

A wide variety of conditions led to lawlessness and

violence in areas hit by Hurricane Katrina. Lack of food,

water, and electricity. Uncertainty about evacuations. Even

the loss of hope. Looting occurred in several locations.

In some cases, people looted stores for their survival and

to diminish suffering, taking items such as food, water,

clothing, fl ashlights, batteries, and camping supplies. At

least some police departments were involved in breaking

into stores and commandeering supplies needed for their

departments, as well as those needed for feeding people

in shelters before state or federal assistance arrived. One

New Orleans physician said police helped him break into

a pharmacy to get needed medications and supplies. In

other cases, people looted for purely criminal purposes,

apparently taking items for personal use or resale that

would not be needed or were useless without electricity

(e.g., televisions).

General unrest and lawlessness arose in crowded

areas where people were uncertain about their survival,

or rescue, or prospects for evacuation. In some areas,

the collapse or absence of law enforcement exacerbated

the level of lawlessness and violence. Several police

departments lost dispatch and communication

capabilities, police vehicles, administrative functions

such as booking, and jails to confi ne arrested suspects.

Tremendous additional burdens were imposed on the

police, like search and rescue operations, that took priority

over normal police functions. The extent of crime and

lawlessness is diffi cult to determine, partly because of the

loss of police record keeping during the disaster and partly

because of unsubstantiated reporting by the media.

The breakdown of law enforcement was particularly

notable in New

Orleans. Despite the

well-known threat

from fl ooding, the

New Orleans Police

Department had

not taken basic

steps to protect

its resources and

ensure continuity

of operations. For

example, communications nodes, evidence rooms, and

even emergency generators were housed in lower fl oors

susceptible to fl ooding. When the levees broke and the

fl oodwaters overtook police headquarters and district

offi ces, the department lost its command and control and

communications functions. Police vehicles believed to

be moved out of harm’s way were lost to the fl oodwaters.

Hundreds of New Orleans Police Department offi cers

went missing — some for legitimate reasons and some

not — at a time they were needed most. This left the city

unable to provide enough manpower and other resources

to maintain law and order at shelters and on the streets.

Looting broke out in the downtown section of the city,

particularly along Canal Street. There were also reports,

currently under investigation by the Louisiana Attorney

General, that New Orleans police offi cers were involved in

stealing vehicles from a car dealership. Even when police

were present to restore law and order, they did not have

the resources to arrest, book, and detain suspects. Other

parts of the city, according to witnesses, were relatively

calm despite the lack of law enforcement personnel.

Public communications is a key aspect of emergency

management, and this function has its own emergency

support function in the NRP. In Louisiana, and particularly AP P

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242 A FAILURE OF INITIATIVE

New Orleans, the federal, state, and local governments did

not appear to have a public communications strategy to

utilize the media. This problem was particularly severe in

the area of law enforcement and crime. While the media

played a positive role in many aspects — such as providing

situational awareness to government authorities — it

also played a negative role in the often unsubstantiated

reporting of crime and lawlessness, undermining the

accuracy and value of that awareness.

Media reports of

violence often gave

credence to rumors

that were either false

or highly exaggerated.

Public offi cials did

not have a strategy

to get ahead of the

“information curve”

to use the media to

the public’s advantage

and help quell rumors. In fact, Mayor Ray Nagin and the

Chief of Police repeated rumors of rampant criminality to

the national media, contributing to the exaggerated image

of utter lawlessness. Many of these reports, particularly

of unchecked violence in the Superdome, appear to have

been unsubstantiated. Nevertheless, the hyped media

coverage of violence and lawlessness, legitimized by New

Orleans authorities, served to delay relief efforts by scaring

away truck and bus drivers, increasing the anxiety of those

in shelters, and generally increasing the resources that

needed to be dedicated to security.

Law and order were eventually restored as local law

enforcement offi cers were removed from search and rescue,

reassigned to law enforcement missions, and supplemented

fi rst by state National Guard troops, then by other state

and local police through the Emergency Management

Assistance Compact (EMAC) process. The National Guard

played a substantial role in providing security and restoring

law and order. The Louisiana National Guard was deployed

before landfall, and provided security at the Superdome

that helped maintain order there. Once looting broke out

in New Orleans, guardsmen also patrolled the streets to

restore law and order.

The Alabama National Guard was also deployed before

landfall, providing a security task force for Mobile and

Baldwin counties. National Guards from other states sent

units through the EMAC process to perform security or

law enforcement duties. For example, Arkansas provided

310 guardsmen from a military police company to provide

security in Mississippi.

While not immediately deployed, Department of

Defense (DOD) active duty forces also played a role in

restoring and maintaining law and order. For example,

the U.S. Army’s 82nd Airborne arrived in New Orleans on

September 3 (fi ve days after landfall) and, according to

the city’s Director of Homeland Security, had a “calming

effect” on the populace by their mere presence on the

street. Precautions were taken to prevent DOD active duty

forces from direct law enforcement missions, thereby

avoiding Posse Comitatus issues.

Civilian law enforcement agencies from other states

and localities also provided personnel through the

EMAC process to supplement beleaguered state and local

police. For example, South Carolina provided 118 law

enforcement personnel with equipment to Mississippi.

Federal law enforcement agencies also played a major

role in restoring law and order after Hurricane Katrina.

Specifi c agencies included the U.S. Attorney’s Offi ce,

the Federal Bureau of Investigation (FBI), the Drug

Enforcement Agency (DEA), the Bureau of Alcohol,

Tobacco, Firearms and Explosives (ATF), the U.S. Marshal

Service (USMS), the U.S. Secret Service, U.S. Customs

and Border Protection, the U.S. Border Patrol, U.S.

Immigration and Customs Enforcement, and the Federal

Air Marshal Service (FAMS). The fi rst priority for most of

these agencies was implementing continuity of operations

plans — locating their people, securing their workplaces

and sensitive information, getting supplemental manpower

from other fi eld offi ces, and otherwise fully restoring their

mission capabilities. These federal agencies then turned to

assisting state and local law enforcement agencies.

These agencies brought a wide array of capabilities

and tactical teams to help restore and maintain law and

order. Most of the federal personnel were deputized as

state law enforcement offi cials, so they could fully partner

with local police by participating in patrols, investigating

crimes, and arresting suspects. The FBI deployed its

Critical Incident Response Group and ATF deployed one

of its Special Response Teams. ATF located and inspected

federal fi rearms and explosives licensees to determine if

their facilities were secure. USMS assisted with evacuating

prisoners from fl ooded jails into federal facilities. FAMS

provided security at the New Orleans Airport.

New Orleans Mayor Ray Nagin and Police Chief Eddie Compass

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Federal agencies also helped establish interagency and

intergovernmental mechanisms — such as common

credentialing and a Law Enforcement Coordination

Center — to coordinate the activities of the multitude of

federal, state, and local law enforcement agencies. Finally,

these federal agencies provided equipment, supplies, and

other resources to local law enforcement agencies to help

them start rebuilding their capabilities.

Finding: A variety of conditions led to lawlessness and violence in hurricane stricken areas

Several conditions led to lawlessness and looting

A wide variety of conditions led to lawlessness and

violence in areas hit by Hurricane Katrina. Bobby

Strahan, Pearl River County Emergency Management

Agency Director, said the lack of critical commodities

for those residents who did not evacuate (or returned

quickly) and crowds seeking shelter at a limited number

of facilities with generators may have been behind

some of the post-landfall requests for security and law

enforcement assistance.1 According to Strahan, Pearl

River experienced some looting and other crimes in the

immediate aftermath of the storm. Once the county was

able to secure and distribute limited amounts of food, ice,

and water (what it could gather on its own plus assistance

from the state of Florida), these security problems largely

dissipated.

Similarly, those who did not evacuate (or returned

quickly) may have contributed to signifi cant security

challenges at some of Mississippi’s healthcare facilities

in the affected areas. According Dr. Brian Amy, the State

Health Offi cer of Mississippi, most of those facilities had

generators and a limited power supply.2 This caused them

to quickly attract the attention of displaced residents,

who were drawn to the lights and the possibility they

might seek shelter there, and created what Amy termed

an “overfl ow” situation resulting in security issues at the

facilities.3 In Louisiana, offi cials cited the lack of food,

water, electricity, and uncertainty about evacuations as

reasons for lawlessness and looting.4 Even Governor

Kathleen Blanco said she sympathized with people who

looted stores to survive.5

Looting occurred in several locations. Mississippi

experienced some looting, armed robbery, and crowd

control problems immediately after the storm.6

Security-related requests the state received from local

offi cials included: (1) nighttime military police (MP)

security at pharmacy and drug dispensing operations in

several coastal cities; (2) help with security issues at an

understaffed shelter that was about to receive evacuees

from New Orleans; (3) law enforcement personnel to deal

with reported theft and carjacking threats at a medical

center in Biloxi; and (4) additional National Guard

protection to deal with looters at the South Mississippi

Regional Center in Long Beach.7

In Louisiana, state police offi cials said looting was most

concentrated in the New Orleans area.8 However, major

looting was generally limited to the Canal Street area and

ended by Tuesday, August 30. According to these offi cials,

in some cases people looted stores for their survival,

taking items such as food, water, clothing, fl ashlights,

batteries, and camping supplies. In other cases, people

looted for criminal purposes, apparently taking items for

their personal

use or resale that

would not be

needed or were

useless without

electricity (e.g.,

televisions).

Once most

perpetrators

realized they

had no way to

transport their

loot and no

place to store

it, they often

abandoned it.

State police

offi cials said several blocks away from the looting area,

many large electronic items and appliances were found

abandoned in their original boxes.

At least some police departments were involved in

breaking into stores and taking supplies. Plaquemines

Parish Sheriff Jiff Hingle said his offi cers broke into stores

and commandeered food, water, and medicine.9 Some

of these items were needed to sustain the sheriff’s offi ce

and other emergency personnel. Most of the items taken,

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however, were

food and medical

items for the

growing population

at the parish’s

designated shelter

of last resort. The

shelter had been

originally set up to

house the police,

other emergency workers, and those with special needs.

However, after landfall, the shelter became crowded with

additional evacuees or people rescued by boat. Eventually

the numbers increased to about 400, and since state and

federal relief was slow in arriving, the sheriff’s offi cers

commandeered needed items. The sheriff said he later

contacted the stores and asked for forgiveness, which was

granted under the circumstances.

In Alabama, there were almost no reports of

lawlessness, looting, or other crimes. Offi cials said this

was because Hurricane Katrina did not hit Alabama as

hard as it hit the other states.10 In addition, Alabama’s law

enforcement infrastructure was not as severely damaged

and remained functional in the immediate aftermath of

the hurricane.

General unrest and violence occurred in crowded areas

General unrest and lawlessness arose primarily in crowded

areas where people were uncertain about their survival,

or rescue, or prospects for evacuation. For example, local

offi cials in Mississippi asked the state to send National

Guard soldiers to provide security and crowd control

at a Red Cross shelter because of “chaotic conditions”

and the shelter director’s belief that help was needed to

prevent “potential behavioral problems.”11 Some of the

most notorious locations for unrest were in New Orleans,

at the Superdome, the Convention Center, and the

Cloverleaf, as discussed in the EVACUATION chapter. The

conditions at the Superdome, as described in a National

Guard report, illustrate the desperation felt by the crowd

inside:

The water pressure declined steadily over the fi rst

several days and failed to provide toilet function

on or about Wednesday the 31st of August.

Unfortunately, many of the toilets had overfl owed

by then and foot traffi c distributed fecal material

and urine throughout the facility…The warm

temperature, combined with the fl oodwaters on the

lower level, rotting food and other refuse, human

and animal (pets) waste material, and the aroma

of unwashed humans, produced an increasingly

noxious smell in the place.12

Louisiana National Guard personnel said a lack of

hope was also a factor in the Superdome with the crowd

becoming restless and, in isolated incidents, violent.13

These people had lost their homes and belongings, had to

suffer unbearable conditions, and were uncertain about

their future. Exacerbating the problem were continuing

delays in getting buses to evacuate the Superdome, as

discussed in the EVACUATION chapter. After people had

been told for several days they would be evacuated the

next day, the buses did not arrive in large numbers, and

people did not see any progress.

The collapse or absence of law enforcement exacerbated lawlessness

In some areas, the collapse or absence of law enforcement

exacerbated the level of lawlessness and violence.

For example, several police departments lost their

dispatch and communication functions, police vehicles,

administrative functions such as booking, and jails to

confi ne arrested suspects. Tremendous additional burdens

were imposed on the police — such as search and rescue

— that took priority over normal police missions.

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In Mississippi, massive damage to police and sheriff

cars and stations, emergency response vehicles, and

emergency operations centers made it very diffi cult to

maintain law and order. According to William Carwile, the

FEMA Federal Coordinating Offi cer for Mississippi, much

of this public safety infrastructure was destroyed in the

coastal counties.14 Mayor Thomas Longo of Waveland said

the city staged at various points around the area some of

the resources it expected to need to respond to the storm’s

damage, including dump trucks and front-end loaders.15

Waveland also staged some of these resources about

10 miles north of the city as a backup in the event of a

catastrophe. Nonetheless, despite those preparations, the

hurricane destroyed the resources Waveland had staged

north of the city as well as much of what remained in the

city itself. Waveland lost all of its police cars (in addition

to other emergency vehicles), and the storm destroyed all

of Waveland’s public buildings, severely limiting its ability

to mount a response to the storm.16

Also in Mississippi, Hancock County lost its emergency

operations center — the location from which it expected

to manage the county’s response to the storm — to severe

fl ooding soon after the hurricane hit.17 Pearl River County

lost its emergency operations center in the early hours of

the storm due to wind and water damage that knocked

out its emergency backup generator and caused other

damage, making the center inoperable.18 These losses

degraded the ability to maintain law and order.

In Louisiana, there were similar losses of law

enforcement infrastructure, in both rural and urban areas,

that weakened the law enforcement community’s ability

to function. The lack of preparation and almost total loss

of police capabilities in New Orleans are addressed in the

next fi nding.

Plaquemines Parish, in contrast to New Orleans,

appeared to take many precautions before Katrina made

landfall. According to Plaquemines Parish Sheriff Jiff

Hingle, all police vehicles were moved and parked on high

ground.19 Only one or two vehicles were slightly damaged

when fl ying debris cracked their windows. Before landfall,

the sheriff’s offi ce gathered all administrative records,

loaded them into U-Haul trailers, and moved them to safe

locations in the north. In addition, Plaquemines Parish

evacuated all its prisoners in advance to upstate facilities.

After landfall, the Plaquemines Parish sheriff’s offi ce was

immediately able to conduct search and rescue missions,

along with some embedded Louisiana National Guard

and Coast Guard personnel who had radios.20 The sheriff

reported no major law enforcement issues, in part because

his offi ce could function immediately after the storm.

The full extent of crime and lawlessness is diffi cult

to determine, partly because of the loss of police record

keeping during the disaster, and partly because of

unsubstantiated reporting by the media (discussed below).

Finding: The New Orleans Police Department was ill prepared for continuity of operations and lost almost all effectiveness

New Orleans Police Department had not prepared for fl ooding

The collapse of law enforcement was particularly notable in

New Orleans. Despite the well-known threat from fl ooding,

the New Orleans Police Department had not taken some

basic steps to protect its resources and ensure continuity of

operations. For example, communications nodes, evidence

rooms, and even emergency generators were housed in

lower fl oors that were susceptible to fl ooding.

In 2004, the police department reportedly produced

an “elaborate hurricane plan” which was issued to all

commanders.21 But, according to a reporter who was

present during Katrina and reviewed police operations, it

“stayed on their bookshelves,” and the department never

ran “exercises to familiarize offi cers with the plan.”22

Few offi cers the reporter spoke with even knew the plan

existed.23

FEMA-provided temporary buildings out of which Waveland’s city government, including its police department, is now operating.

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When the levees broke, the fl oodwaters overtook

police headquarters and district offi ces. As a result,

the department lost its command and control and

communications functions. The dispatch and 911 call

center ceased to function. Most police vehicles had not

been moved out of harm’s way and were lost to the

fl oodwaters. The fl ooding created impassable roads which

prevented the New Orleans Police Department from using

their few remaining vehicles in most parts of the city.

This left offi cers to patrol without any communications

or transportation. With no command and control

or guidance, there was no unifi ed command or clear

priorities within the department. One reporter who was

on the scene wrote that “As an institution… the New

Orleans Police Department disintegrated with the fi rst

drop of fl oodwater.”24

Missing police offi cers led to a law enforcement manpower shortage

Further, hundreds of New Orleans Police Department

offi cers went missing — some for understandable

reasons and some not — at a time they were needed

the most. This left the city unable to provide enough

manpower and other resources to maintain law and order

at shelters and on the streets.

All New Orleans Police Department offi cers are

required to reside within the city limits, so a majority of

the city’s offi cers were personally affected by Katrina.25

Whether it was damage to their homes or the health and

safety of family members, many New Orleans Police

Department offi cers, like members of the general public,

were trapped in their homes and needed to be rescued

during the critical days and hours after the levees failed

and the fl ood waters rose.

Dereliction of duty by New Orleans Police Offi cers

factored signifi cantly into the department’s inability to

marshal an effective response. Original reports indicated

that up to 320 offi cers (of its 1,750-offi cer force)

resigned, were terminated, or are under investigation for

abandoning their duties.26 However, on December 14,

Mayor Nagin testifi ed that as of that date, 133 offi cers

had been terminated or resigned after Hurricane Katrina,

and said many of the original reports did not account

for nearly 100 offi cers who were trapped or stranded on

rooftops and unable to report to duty for that reason.27

Regardless, the New Orleans Police force was severely

depleted.

As a result, many residents were unable to obtain

police assistance. Calls for help to the city’s 911 system

went unanswered.28

Some of the offi cers were also apparently involved in

criminal activities. Offi cials from the Louisiana Attorney

General’s offi ce said they are investigating thefts of luxury

vehicles from a car dealership allegedly perpetrated by

New Orleans Police Department offi cers.29 The dealership,

Sewell Cadillac Chevrolet, reported that several police

offi cers had absconded with several brand new Cadillac

Escalades.30

The Louisiana State Police provided relatively quick

assistance. Although the New Orleans Police Department

had lost its command and control capabilities, the

Louisiana State Police operated under its own broad law

enforcement statutory mandate. Thus, state police were able

to move into the affected area quickly. As the signifi cance

of Katrina became evident, state police ceased other law

enforcement activities to focus on New Orleans’ needs.

As an institution… the New Orleans Police Department disintegrated with the fi rst drop of fl oodwater.

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Police had limited resources to stop looting in downtown New Orleans

Given the situation, police had limited resources with

which to stop the looting.31 And even when police were

present to restore law and order, they did not have the

resources to arrest, book, and detain suspects. One major

problem was the loss of the booking and jail systems.

Booking and jailing are done not by the New Orleans

Police Department, but by the parish criminal sheriff.

Sheriffs in each parish are constitutional positions

independent from the parish president or mayor or police.

The sheriff’s booking offi ces and jails were fl ooded and

therefore useless. While criminals, such as looters, could

be apprehended by law enforcement offi cers, there was

nowhere to book them or jail them. Many people originally

apprehended for looting were just let go.

Finding: Lack of a government public communications strategy and media hype of violence exacerbated public concerns and further delayed relief

Governments appeared to lack any public communications strategy and media and public offi cials fed rumors

Public communications is a key aspect of emergency

management, and this function has its own emergency

support function in the NRP. In Louisiana, and particularly

New Orleans, the federal, state, and local governments did

not appear to have a public communications strategy to

deal with the media. This problem was particularly severe

in the area of law enforcement and crime.

The media played a positive role in Hurricane

Katrina in many aspects — such as providing situational

awareness to government authorities and the public. And

many media reports of violence were substantiated and

responsibly reported. For example, MSNBC provided live

coverage of looters, including police offi cers, ransacking a

local Wal-Mart in New Orleans.32

However, other media reports were based on rumors

that were either false or highly exaggerated, undermining

the value of the situational awareness being provided.

CNN reported repeatedly on September 1, for example,

that evacuations at the Superdome were suspended

because “someone fi red a shot at a helicopter.”33 State and

local offi cials later said much of the “rampant shooting”

reported was actually from trapped individuals who were

fi ring weapons into the air to attract rescuers.34

According to state offi cials, rumors and reports

of people shooting at helicopters were diffi cult to

substantiate at the time.35 But in the end, there were no

bullet holes found in any helicopters. Again, people fi ring

into the air may have been the origin of this rumor. Other

reports of people shooting at helicopters taking patients

to hospitals were never verifi ed, nor were stories of two

babies found with their throats slit in Convention Center

bathrooms or of the man who heard a rape victim scream,

ran outside for help, and was shot and killed by troops.36

State law enforcement offi cials expressed frustration

over media reports of crime.37 Many of these offi cials

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said the media greatly exaggerated reports of crime and

lawlessness. They said any reports from the Superdome

and Convention Center were generally diffi cult to

substantiate. Few crime victims ever came forward to

the police. Without an offi cial complaint, victim, or eye

witness, it was nearly impossible for the police to assess

the credibility of rumors or conduct an investigation. On

September 1, during a FEMA videoconference call, FEMA

Federal Coordinating Offi cer, William Lokey, stated that

“media reports and what we are getting from on-scene

were contradictory and we [did not] have a clear picture of

what exactly went on.”38

Managing the spread of false or highly exaggerated

rumors proved diffi cult – and consequential — for

offi cials on the ground. On September 1, Colonel Jeff

Smith, Deputy Director, Louisiana Offi ce of Homeland

Security and Emergency Preparedness, told public offi cials

that “the rumor control on this thing is going to be key…

[s]ome of the things you hear, some of it has probably

partial basis in fact, but there’s a lot of exaggeration going

on there.”39 False media reports impeded the relief effort

and affected decisions on where to direct resources. When

asked whether exaggerated media reports impeded rescue

efforts, Colonel Terry J. Ebbert, Director of Homeland

Security, City of New Orleans, responded “absolutely.”40

Mayor Nagin testifi ed that “dealing with the realities of

all the multiplicity of challenges that we had, managing

rumors, was the thing that we spent way too much time

doing.”41

At the strategic level, public offi cials did not have a

strategy to get ahead of the “information curve” to use

the media to the public’s advantage and quell rumors. On

the contrary, Mayor Nagin and the New Orleans Chief of

Police repeated unsubstantiated rumors before the national

media, creating an exaggerated image of utter lawlessness.

■ New Orleans Mayor Ray Nagin told Oprah Winfrey

that “hundreds of armed gang members” were raping

women and committing murder in the Superdome.

The occupants, he said, were “in an almost animalistic

state…in that frickin’ Superdome for fi ve days watching

dead bodies, watching hooligans killing people, raping

people.”42 Many news outlets also covered Nagin’s

claim that the city’s death toll would top 10,000.43

■ Police Superintendent Eddie Compass went further,

and told Oprah, “We had little babies in there getting

raped.” Compass was also reported as saying offi cers

were shot at inside the convention center but couldn’t

return fi re “because of the families.” He said offi cers

caught 30 suspects by rushing at muzzle fl ashes.44

Many of these media reports, particularly of rampant

violence in the Superdome, appear to be completely

unsubstantiated. National Guard offi cials who were on

the scene believe these reports were highly exaggerated.45

Lieutenant General H Steven Blum, Chief of the National

Guard Bureau, stated “the media is not supposed to be

inciting an insurrection. It is not supposed to be advertising

and hyping lawlessness.”46 National Guard offi cials said

there were numerous reports and rumors of rape or assault,

but guardsmen and police could not fi nd any witness,

victim, or anyone willing to report the crime fi rsthand.

Only two arrests were made by the police. Of the six

deaths in the Superdome, none were crime-related. Guard

offi cials said there were only 50 weapons found among

the 25,000 to 30,000 people searched as they entered the

Superdome. According to the Guard and police, the people

in the Superdome were very unhappy and anxious, but they

were never out of control. The exaggerated media reports

of violence (which some of the evacuees had picked up on

their transistor radios) served to further evacuees’ anxiety,

pushing some close to the boiling point.

Like the Superdome, there were media reports of

violence and lawlessness in the Convention Center. For

example, the Times-Picayune reported that Guard troops

found 30 to 40 decomposing bodies piled in a freezer

at the Convention Center.47 But again, these reports

were generally uncorroborated. There were only four

dead bodies recovered from the Convention Center.48

The National Guard offi cials that secured the site said

they encountered no lawlessness or any resistance when

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they moved in to clear out the Convention Center. As

an indication of the generally peaceful intentions of the

crowd, they reported there were only 13 weapons found

among the 19,000 people searched before they boarded

the buses.

NOPD Captain Jeff Winn said, however, he made

several approaches to the Convention Center during those

fi rst few days and saw muzzle fl ashes.49 He also suggested

crime went unreported because of the continuing danger

in the Convention Center, the lack of law enforcement

resources to investigate and detain suspects, and the

dispersal of witnesses when the evacuation of the facility

was complete.50 He also reported he saw a body with

puncture wounds.51

Exaggerated media reports of crime further delayed relief efforts

The hyped media coverage of violence and lawlessness,

legitimized by New Orleans authorities, served to delay

relief efforts by scaring away truck and bus drivers,

increasing the anxiety of those in shelters, and generally

increasing the resources needed for security. With regard

to the impact of the media reports on the hurricane

recovery, Lieutenant General Blum, Chief of the National

Guard Bureau, testifi ed:

They [the media reports] also prevented truck

drivers coming in with the most needed supplies,

water, food, ice, shelter, medicine. They were afraid

to come in. They had to be escorted in by National

Guard convoys, which took other manpower away

from the relief efforts to go help get the commercial

truckers that the civilian organizations had

contracted to come in and help the people. They

delayed the exact commodities from getting to the

people that they were complaining weren’t getting

the commodities.52

State offi cials reported the hysterical and uncontrolled

media images led to much confusion.53 As the broadcast

media reports became widely seen and heard, the

Superdome population became increasingly agitated.

Reports of truck drivers and FEMA employees turning

around due to security concerns did not help the situation.

First Assistant Attorney General Nicholas Gachassin said

those in lesser affected neighborhoods were afraid to

evacuate as looting fears prompted them to stay at their

residences.54 Similarly, the Governor’s Chief of Staff Andy

Kopplin reported that 1,000 FEMA employees set to arrive

in New Orleans on Wednesday, August 31, turned back

due to security concerns.55 In repeating unsubstantiated

rumors of mayhem, news reporters unwittingly helped slow

an already slow response and further wound an already

wounded population.

Finding: EMAC and military assistance were critical for restoring law and order

The Emergency Management Assistance Compact (EMAC), the state to state assistance compact, facilitated the deployment of resources to the hardest hit regions

The Emergency Management Assistance Compact (EMAC)

is a mutual aid agreement and partnership between states

to provide resources to one another during times of

emergency.56 EMAC offers state to state assistance during

governor-declared states of emergency.57 Ratifi ed by

Congress in 1996, 49 states and the District of Columbia

have enacted legislation to become members of EMAC.58

EMAC is administered by the National Emergency

Management Association (NEMA).59 NEMA provides the

day to day managerial support and technical infrastructure

for EMAC operations and training programs. EMAC works

as follows:60

1. Governor declares a state of emergency.

2. A representative from the state emergency

management agency notifi es the EMAC National

Coordinating Group.

3. Affected state requests an EMAC team to be

1,000 FEMA employees set to arrive in New Orleans on Wednesday, August 31, turned back due to security concerns.

250 A FAILURE OF INITIATIVE

deployed to its emergency operations center.

This EMAC team is called an “A-Team.”

4. A-Team arrives at state emergency operations

center and begins coordinating state-wide

EMAC resource requests. These resource requests

are broadcast to all members of the compact

soliciting assistance.

5. States willing to assist respond to the broadcast

and coordinate with the A-Team the specifi cs

of the transaction, including costs. The A-Team

helps the affected state choose from available

resources.

6. Formal requisitions are fi nalized specifying, as

precisely as possible, the resources that will be

made available and their costs.

7. Resources are sent to the affected states.

8. Responding state submits reimbursement

request.

9. Affected state reimburses responding state.

EMAC is executed by eight components:61

1. Requesting state – EMAC state, operating

under a governor declared emergency, requests

assistance.

2. Assisting state – EMAC state, responds to a

request for assistance.

3. Authorized representative – state offi cial

empowered to request assistance or commit

state resources in response to a request.

4. Designated Contact – EMAC subject matter

expert within each member state.

5. National Coordination Group (NCG) –

national EMAC group during non-emergencies.

The NCG stands ready to activate EMAC as

emergencies develop.

6. National Coordinating Team (NCT) – when the

Department of Homeland Security and FEMA

activate their National Response Coordination

Center (NRCC) to coordinate the federal

response and recovery operations during

emergencies, EMAC deploys a NCT to serve at

the NRCC in Washington, D.C. From the NRCC,

the NCT coordinates EMAC’s national response.

7. Regional Coordinating Team (RCT) – If FEMA

activates a Regional Response Coordination

Center (RRCC) a parallel EMAC RCT is

deployed. From the RRCC, the RCT coordinates

deployed EMAC components responding

throughout the affected region.

8. Other member states – during times of

emergencies EMAC members are charged with

monitoring the situation and to stand ready to

assist as appropriate.

In supporting the response to Hurricane Katrina,

a two-person EMAC A-Team was deployed to Baton

Rouge, Louisiana on Sunday, August 28.62 Jeff Smith was

identifi ed as the Louisiana state EMAC coordinator.63

In Mississippi, Bill Brown, Operations Branch Chief,

Mississippi Emergency Management Agency, coordinated

EMAC.64 On August 29, the A-Team was increased to four

people, and shortly thereafter the team increased to eight

members in Louisiana and nine members in Mississippi.65

Through EMAC, a sizable contingent was deployed to

assist Louisiana and Mississippi in the aftermath of

Katrina.66

In Louisiana, 27,727 personnel were deployed through

EMAC by September 13, and during the same time

frame, in Mississippi, 18,247 people deployed.67 There

were 680 requests for assistance in Louisiana and 723

in Mississippi.68 The total estimated cost for Louisiana

is $201.8 million and for Mississippi, $314.1 million.69

EMAC’s total Katrina response involved processing 1,403

requests for assistance and 46,288 personnel deployments

for a total estimated cost of $515.9 million.70 The most

commonly requested resources included: fi refi ghters,

search and rescue personnel, HAZMAT personnel,

emergency medical technicians, state police, sheriffs, fi sh

and wildlife personnel, corrections personnel, livestock

inspectors, bridge inspectors, airport maintenance

personnel, ambulances, medical doctors, registered nurses,

and National Guard troops.71

EMAC offi cials have acknowledged a signifi cant

population of “self-deployed” personnel, a large majority

of which were local and state police offi cers who deployed

to the scene, in what is believed to be a spontaneous

response to media reports of lawlessness in southeastern

Louisiana.72 Due to the ad hoc nature of these “self-

deployed” offi cers, specifi c fi gures are not known. As

the ranks of EMAC deployed law enforcement offi cials

and offi cially deployed federal law enforcement offi cials

continued to grow in the region, the number of “self-

deployed” personnel is believed to have declined rapidly.

A FAILURE OF INITIATIVE 251

Without an offi cial deployment, the “self-deployed”

personnel were acting without proper authority, without

liability protection, and without eligibility for expense

reimbursement.

National Guard played a key role in restoring and maintaining law and order

Law and order were eventually restored as local law

enforcement offi cers were supplemented, fi rst by state

military troops. The National Guard played a substantial

role in providing security and restoring law and order. The

Louisiana National Guard was deployed before landfall,

and provided security at the Superdome that helped

maintain order there. Once looting broke out in New

Orleans, they also patrolled the streets. The Mississippi

National Guard was vital to restoring order and providing

security in the aftermath

of the storm. According

to Carwile, for example,

a “massive National

Guard presence” helped

quell problems with

isolated looting in

the western affected

counties (Pearl River

and Hancock) within

2 days after the storm.73 The Alabama National Guard was

also deployed before landfall, providing a security task

force for Mobile and Baldwin Counties.

National Guards from other states also sent units

through the EMAC process to perform security or law

enforcement duties. In Mississippi, nearly 11,000 troops

from 19 other states’ National Guards joined more than

4,500 Mississippi National Guard troops in missions

related to law enforcement (as well as other missions)

by September 10, 12 days after landfall.74 For example,

Arkansas provided 310 guardsmen from a military police

company to provide security in Mississippi.75

Similarly, the Louisiana National Guard’s

security forces were supplemented by thousands of

guardsmen from other states. Through EMAC, Louisiana

was able to request and receive assistance from scores

of states from across the country. Examples of the larger

deployments included 2,426 infantry from Pennsylvania,

1,016 military police from Puerto Rico, 580 security

troops from Michigan, 500 support troops from Arkansas,

535 security troops from Massachusetts, and 350 security

troops from Tennessee.

Assistant Secretary of Defense Paul McHale, in his

testimony before the Select Committee, provided details

on the extent of assistance provided by the National

Guard. He stated that “when violence erupted in New

Orleans, the National Guard Bureau coordinated the

deployment of 4,200 National Guard MPs, 1,400 each day

every day for 3 days in a row, a law enforcement presence

nearly three times of the size of the New Orleans Police

Department.”76

There was a general consensus among federal, state,

and local offi cials that EMAC worked very well for

National Guard troops. Regarding military alone, by

November 3, for Louisiana, there were a total of 451

EMAC requests and 29,502 Guardsmen who came from

other states. Many of these out-of-state Guardsmen

performed security and law enforcement functions and,

like the Louisiana National Guard, operated under the

Louisiana governor’s Title 32 authority.

DOD active duty forces played an important, but less active, role in maintaining law and order

While they were not immediately deployed, DOD active

duty forces also played a role in restoring and maintaining

law and order. For example, the U.S. Army’s 82nd Airborne

arrived in New Orleans on September 3 (fi ve days after

landfall) and, according to the city’s Director of Homeland

Security, had a “calming effect” by their mere presence on

the street. Precautions were taken to prevent DOD active

duty forces from direct law enforcement missions, thereby

avoiding Posse Comitatus issues. For more details on the

use of the military, see the MILITARY chapter.

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Law enforcement personnel from other states also played a key role in restoring and maintaining law and order.

Civilian law enforcement agencies from other states and

localities also provided personnel through the EMAC

process to supplement beleaguered state and local police.

In Mississippi, local, state, and FEMA offi cials noted that

assistance from Florida’s law enforcement and emergency

management agencies (as well as law enforcement from

other states), plus the delivery of commodities Florida

pre-positioned in the panhandle, were key to providing

security and restoring order in southern Mississippi after

landfall.77

Florida, in particular, was instrumental in the early

days and received high praise from Mississippi offi cials

for the manner in which that state’s teams provided

security, established an incident command structure in the

coastal counties, and conducted some of the fi rst search

and rescue missions the night after the storm.78 As noted

earlier, Florida helped alleviate some of Mississippi’s

security problems by sending into the state some of the

commodities it had pre-positioned in the panhandle

region in anticipation of the hurricane striking farther east

than it eventually did. Florida’s supplies of food, water,

and ice helped relieve the situation in Mississippi.79

While Florida and Alabama were among the fi rst states

to provide Mississippi with law enforcement assistance,

they were not alone. Mississippi received assistance from

Arkansas, South Carolina, and Georgia’s state police or

other state law enforcement agencies.80 For example,

South Carolina provided 118 law enforcement personnel

with equipment to Mississippi.81

Louisiana also benefi ted from a very large infl ux of

law enforcement personnel from other states. Like their

counterparts in Mississippi, local, state, and federal

offi cials involved in Louisiana’s response to Katrina said

EMAC was critical to restoring law and order.

The EMAC process was not always smooth. For

example, a sheriff from Michigan and a sheriff from

Alabama were at the Louisiana border but could not assist

because no EMAC request had been made.82 The Jefferson

Parish Sheriff had apparently not made a request through

the state EOC for the assistance — a requirement for

providing law enforcement assistance through EMAC.83

Also, as late as September 2, EMAC requests simply had

not been made. According to Josh Filler, the Director of

DHS’ Offi ce of State and Local Government Coordination,

on the September 2 video teleconference:

My offi ce has received numerous phone calls from

law enforcement organizations across the country

— major city police chiefs, national sheriffs

— who want to help, but we have encouraged

them not to self-deploy to New Orleans or to

Louisiana, but to work through the system, but they

are saying that their States are not receiving requests

for assistance.84

Finding: Federal law enforcement agencies were also critical to restoring law and order and coordinating activities

The fi rst priority for federal law enforcement agencies was to implement their continuity of operations plans and locate their affected personnel

Prior to August 30, federal law enforcement worked

to prepare their coastal offi ces for Katrina’s landfall.

Immediately after the hurricane, these law enforcement

agencies implemented their continuity of operations plans

and began the process of locating personnel living in the

affected areas.

On August 26, the Federal Bureau of Investigation’s

(FBI) Jackson Field Offi ce notifi ed its Resident Agencies

in Hattiesburg, Pascagoula, and Gulfport to implement

their hurricane plans.85 Hurricane shutters were installed,

vehicles were secured, computers were bagged, and safes

were locked. The traditional FBI operations of the Jackson

Field Offi ce were moved to its Oxford Resident Agency,

in northern Mississippi.86 FBI air assets and personnel

who remained on the coast were utilized to determine the

damage and security of the Mississippi offi ces.87

Within 12 hours after the hurricane subsided,

the Jackson Field Offi ce was in contact with all of its

personnel.88 The Jackson Field Offi ce established a

Command Post at Keesler Air Force Base in Biloxi. On

August 29, the Special Agent-in-Charge (SAC) of New

A FAILURE OF INITIATIVE 253

Orleans surveyed the damage to the New Orleans Field

Offi ce.89 Sixty percent of the top fl oor was uncovered. Due

to the sensitivity of documents housed in the Field Offi ce,

the SAC and the four agents remained at the building. The

SAC ordered the move of the New Orleans Division to the

Louisiana State Police headquarters in Baton Rouge.90 All

FBI personnel living in Louisiana were accounted for by

September 4.91

On August 23, the Bureau of Alcohol, Tobacco,

Firearms and Explosives (ATF) began Hurricane Katrina

preparations.92 ATF headquarters coordinated with Field

Divisions in Houston, New Orleans (which includes

the state of Mississippi), Nashville (which includes the

state of Alabama), Tampa, and Miami.93 Headquarters

ordered the evacuation of ATF personnel in New Orleans

and Mississippi prior to the hurricane, and a list was

comprised of personnel who chose to stay on the coast.94

All ATF personnel leaving the affected area were instructed

to contact their supervisors after the storm. Due to the

damage to the ATF facilities, a continuity of operations site

was activated on August 30 in Mandeville, Louisiana.95

On the same day, ATF began contacting all ATF

personnel living in the affected area.96 The New Orleans

Division Offi ce was relocated to Shreveport, where it

resumed responsibility over Louisiana and Mississippi.97

The Biloxi Field Offi ce was relocated to a public safety

compound behind the Harrison County Sheriff’s

Department.98 The Mobile Field Offi ce was moved to

Brookley Air Force Base, an inactive base in the Mobile

area.99 ATF established a Critical Incident Management

Response Team in Baton Rouge to coordinate ATF

operations.100

On August 26, in anticipation of Katrina’s landfall,

the New Orleans Field Division Special Agent-in-Charge

ordered the Drug Enforcement Administration’s (DEA)

Field Division closed and all DEA personnel were asked

to evacuate the area.101 The New Orleans Field Division

and the Gulfport Resident Offi ce were severely damaged

by the hurricane.102 DEA established teams responsible

for locating all Field Division personnel following

the storm.103 On August 31, command centers were

established at the Baton Rouge District Offi ce and in

Mobile. DEA headquarters chose the Offi ce of Aviation

in Addison, Texas to serve as a logistical command

center for the fi eld divisions throughout the country. On

September 1, the New Orleans Field Division established

an operations center at a high school in Mandeville,

Louisiana, to house fi rearms and sensitive items from the

New Orleans Field Offi ce.104

On August 29, the United States Marshals Service

(USMS) activated an Emergency Operations Center in

Washington, D.C. in preparation for Hurricane Katrina.105

USMS also placed four Operational Management

Teams (OMT) on standby. Following Katrina, the OMTs

began accounting for all USMS personnel in Louisiana,

Mississippi, and Alabama.106 Operational Medical

Personnel were also deployed to the coast to assist USMS

personnel.107 OMT created a command post in Pineville,

Louisiana and Jackson, Mississippi. On August 30, USMS

deployed personnel and surveillance planes to survey the

hurricane damage to USMS facilities.

Prior to landfall, U.S. Immigration and Customs

Enforcement (ICE) pre-deployed Federal Protective

Service (FPS) personnel located in Texas.108 FPS was able

to move into the affected area the day after the hurricane

to assist FEMA. ICE’s Gulfport offi ce sustained no major

damage and due to backup generators, was utilized as

a staging site and provided assistance to ICE employees

affected by the hurricane, as well as other state and local

law enforcement.109 From landfall until September 2,

ICE’s New Orleans fi eld offi ce worked to account for ICE

personnel assigned to the New Orleans, Lake Charles,

Lafayette, Baton Rouge, and Gulfport offi ces and obtain

needed supplies.

On August 26 and 27, U.S. Customs and Border Patrol

(CBP) ordered the ports of Mobile and New Orleans,

and the Hammond Louisiana Air and Marine Branch to

activate their hurricane preparedness plans.110 CBP moved

its air assets to Shreveport and Dallas. CBP’s Mission

Critical Team relocated from New Orleans to Shreveport

and on August 29 began to locate CBP personnel

living in the affected area.111 CBP created a Forward

Deployed Operations Command Center at the air hanger

in Hammond to coordinate all CBP missions.112

By September 4, all CBP employees were located.113

While the Federal Air Marshal Service (FAMS) did not

need to implement a continuity of operations plan for

a specifi c offi ce, they are responsible for meeting their

nationwide primary mission, while coordinating in

preparation for severe weather and fl ight disruptions.114

In anticipation of these disruptions due to Katrina,

FAMS began monitoring the hurricane’s track the week of

August 21.115

254 A FAILURE OF INITIATIVE

From August 26 to August 29, Federal Bureau of

Prisons (BOP) personnel from the Offi ce of Emergency

Preparedness, in Washington, D.C. and BOP’s South

Central Regional Offi ce in Dallas monitored Hurricane

Katrina’s path.116 The Offi ce of Emergency Preparedness

is responsible for coordinating the evacuation and for

supporting corrections institutions in the areas affected

by the hurricane. On August 30, BOP opened a command

center to help the Louisiana Department of Public Safety

and Corrections with transporting inmates out of the New

Orleans area.117

While working to reconstitute themselves, federal law enforcement agencies supplemented state and local law enforcement with forces and supplies

While surveying offi ce damage and locating personnel,

federal law enforcement worked to assist state and local

law enforcement with additional forces and supplies.

While it is impossible to account for every federal law

enforcement agent or offi cer who responded to requests

for assistance by state and local law enforcement, or even

by hurricane victims, there were specifi c assets brought

to bear by federal law enforcement that should be

highlighted to illustrate the degree of coordination with

entities outside the federal government.

On August 30, FBI headquarter offi cials put their

Field Offi ces on alert that additional personnel were

needed in the affected area.118 Ten Special Weapons and

Tactics (SWAT) agents from the Houston Division were

deployed to New Orleans to assist the New Orleans

Police Department (NOPD) SWAT.119 These agents

brought a boat that enabled them to transport personnel

and supplies. On September 1, the Critical Incident

Response Group deployed agents from the Dallas, Atlanta,

Baltimore, and Houston SWAT teams and Hostage Rescue

Teams (HRT) to continue to help NOPD control its

affected area.120 The Violent Gang Task Force from the

New Orleans Division worked out of the Gretna Police

Department.121 Over 30 more agents coordinated with

NOPD to back up NOPD SWAT, FBI SWAT, and HRT

Special Agents.122

The FBI Command Post at Keesler Air Force Base in

Biloxi, Mississippi communicated with the Mississippi

Bureau of Criminal Investigations, the Mississippi

Highway Patrol, the Homeland Security Director for

the State of Mississippi, and local police and sheriffs

to respond to requests for assistance.123 The FBI was

able to create a Virtual Command Center for the Law

Enforcement On-Line Internet site.124 All law enforcement

nationwide were able to log onto the website and receive

daily situation reports regarding FBI relief efforts.125

The fi rst group of ATF personnel detailed to the

affected area arrived on September 2.126 Thirty-four

members of Special Response Teams (SRT), tactical teams

specifi cally trained to handle high risk law enforcement

and civil unrest, from the Dallas and Detroit Field Offi ces

and seven SRT support staff were deployed to Algiers,

Louisiana.127 The SRT members were sent to New Orleans

to assist the NOPD, whose SWAT teams were down to 25

percent capacity.128 On September 6 and 7, 10 ATF agents

were deployed to Biloxi, and 30 ATF agents were deployed

to Gulfport.129 These agents performed investigative

roles, as well as assisting local police with fi rearms-related

calls.130

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From August 30 to September 12, 251 DEA Temporary

Duty agents reported from Miami, Atlanta, St. Louis,

Houston and Dallas to provide law enforcement

and search and rescue support in New Orleans.131

On September 4, DEA deployed personnel from the

Atlanta Field Division, as well as the Houston Mobile

Enforcement Team (MET), self-contained, specially

trained teams of eight to twelve agents that specialize

in law enforcement missions involving violence.132

These agents were then joined by the Charlotte MET on

September 5, and the Miami MET on September 7. The

METs helped state and local departments in conducting

routine law enforcement tasks, including patrols as well as

search and rescue missions.

On September 1, fi ve USMS Marshals from the Training

Academy in Glynco, Georgia were deployed to provide

security at the Biloxi Airport.133 USMS deployed an

additional four Marshals to the airport on September 3.

USMS supported NOPD by working with the 1st and 5th

districts in New Orleans and responded to backlogged 911

calls. In addition, USMS redirected NOPD National Crime

Information Center traffi c to the USMS Communications

Center. USMS deployed more personnel to Mississippi

on September 5 to help local police and sheriff

departments.134 They provided security for 11 search and

rescue teams, operated a missing persons task force and

a task force to locate sex offenders, and protected the

Mississippi gulf coast’s fuel depot in Collins.

On September 2, ICE began its support of local law

enforcement in New Orleans’ 4th District.135 The 4th

District was still populated at that time, as it had not

taken on water. The New Orleans Special Response Team

(SRT), ICE’s tactical team, was in the city on September 1.

SRT teams from Chicago and San Antonio, consisting of

12 to 18 members, arrived the afternoon and evening of

September 2. By midnight of September 2, there were over

100 ICE agents in New Orleans preparing to assist in the

response to the hurricane.

Throughout the week, ICE agents were tasked with

patrols and shifts with local law enforcement, worked to

curtail looting, assisted with evacuations, and followed

up on the approximately 6,000 911 calls made during and

after the hurricane.136 ICE’s Tampa Field Offi ce provided

three infl atable Zodiac boats that helped ICE personnel

assist with transportation for fi re departments and

medical personnel and respond to rescue calls. ICE agents

and logistical teams assisted the Mississippi Highway

Patrol, county sheriffs, and city police forces in Mississippi

with patrols, rescues, and searches.137

On the morning of August 30, the Border Patrol’s

Tactical Unit pre-deployment site survey team left for

the affected area.138 This deployment was pursuant to a

request for CBP to assist in evacuating the Superdome and

for riot control. However, the agents also worked other

law enforcement functions and relief operations, such as

distributing water, assisting with minor medical care, and

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helping evacuees onto buses and helicopters. CBP had 100

agents, along with CBP vehicles, emergency equipment,

and lifesaving supplies in Louisiana by September 1.139

On September 2, Border Patrol agents were sent to

provide security at the Louisiana State University Hospital,

which served as the regional triage center. Border Patrol

agents were also deployed to the New Orleans Airport to

assist with crowd control and security.

A day after Katrina made landfall, FAMS responded to

reports of deteriorating conditions at Louis Armstrong

New Orleans International Airport.140 The airport was

starting to receive evacuees and was therefore becoming

a shelter. As a response, FAMS sent personnel – drawing

from its Houston Field Offi ce – to the airport to assist

as necessary.141 Conditions at the airport continued to

deteriorate as thousands of displaced persons sought

refuge there.142 There was no food, water, restroom

facilities, or security. Consequently, when FAMS personnel

began to arrive, they needed to help restore order.143 On

September 1, FAMS began initial deployment, including

54 from the Houston Field Offi ce, arriving in-person by

car. Also by late evening, evacuation fl ights out of the

airport were fully operational. By September 2, FAMS

personnel at the airport expanded their mission to include

interim law enforcement activities as well as all necessary

activities to operate the airport.144

On September 3, the Secret Service was asked by

NOPD and the Louisiana State Police to take control

of the credentialing process for state and local law

enforcement in the New Orleans area.145 The need for

secure credentials for NOPD was a primary concern, as

many police offi cers had lost their offi cial identifi cation

badges during the hurricane.146

On September 5, the Louisiana Department of Public

Safety and Corrections requested that BOP provide 1,000

beds and transportation for Louisiana state inmates.147

BOP, along with USMS transferred 964 inmates to

the United States Penitentiary Coleman-II, Florida.148

From August 30 to September 7, BOP transported

approximately 2,500 inmates or detainees in Louisiana

to facilities outside of New Orleans.149 In addition,

BOP provided clothing, food, and water from Texas

correctional institutions to the Louisiana State Police

headquarters in Baton Rouge.150

Obtaining peace offi cer status presented prob- lems for some federal law enforcement entities responding to the hurricane

The process for federal law enforcement being deputized

or sworn in as a peace offi cer under state law in Louisiana

and Mississippi proved cumbersome for some entities. The

general concern was that in the process of assisting state or

local law enforcement, or victims of the hurricane, federal

law enforcement offi cers might fi nd it necessary to make

arrests outside of their federal jurisdiction. Due to the lack

of an across-the-board policy on how to deal with federal

law enforcement during a state of emergency, some federal

law enforcement entities were required to seek advice from

their individual Offi ce of the General Counsel on how

to proceed. The process was more diffi cult in Louisiana,

where it became necessary to fl y in representatives from

the Louisiana Offi ce of the Attorney General to the affected

area to swear in the law enforcement offi cers or agents in

person. Still other federal law enforcement agents were

deputized by the Louisiana State Police.

Under Louisiana law, FBI agents have qualifi ed

immunity that protects them when responding to felonies

committed in their presence or when assisting state

offi cers.151 However, FBI agents did not specifi cally have

peace offi cer status when responding to Hurricane Katrina

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A FAILURE OF INITIATIVE 257

in Louisiana.152 Governor Blanco granted the Louisiana

Offi ce of Attorney General authority to deputize FBI agents,

and all FBI agents deployed to Louisiana were deputized by

a representative of the offi ce.

FBI agents deployed to Mississippi did not receive

peace offi cer status until September 9, when Governor

Barbour wrote a letter to all state and federal law

enforcement offi cers.153 The letter granted federal law

enforcement offi cers working in cooperation with local

law enforcement “the authority to bear arms, make arrests

and to make searches and seizures, in addition to any

other power, duty, right and privilege as afforded forces of

the State of Mississippi.”154

Prior to ATF agents being deployed to the affected area,

DOJ examined the capabilities of ATF agents in assisting

state and locals with law enforcement functions.155 ATF

agents are not afforded automatic peace offi cer status in

the states of Louisiana and Mississippi. As ATF agents

conducted their core statutorily required mission, DOJ

determined ATF agents did not need to receive peace

offi cer status.

Pursuant to federal statute, USMS “may exercise

the same powers which a sheriff of the State my

exercise . . . .”156 USMS received further state law

enforcement powers when the Director of USMS received

an order from U.S. Attorney General Alberto Gonzales

requesting the Director to “take all necessary and

appropriate steps within available resources to provide

the assistance” to Mississippi.157

The Louisiana Attorney General’s Offi ce coordinated the

peace offi cer status for ICE agents deployed to Louisiana.158

ICE agents were required to fi ll out paperwork and were

sworn in by the Louisiana State Police every time a new

rotation of ICE agents arrived in Kenner, Louisiana. ICE

agents were sworn in as peace offi cers in Mississippi by the

Hancock Sheriff’s Department.

Border patrol agents were deputized by the state of

Louisiana with law enforcement status on September 2.159

Agents were not sworn in as peace offi cers in Mississippi.160

On September 3, CBP’s Offi ce of Chief Counsel determined

that CBP offi cers and Border Patrol agents could make

arrests for state crimes in Louisiana, Mississippi, Alabama,

Florida, and Texas, if the offi cer or agent was acting in his or

her offi cial capacity.161

On September 3, Louisiana began to deputize FAMS

personnel as Louisiana State Police Offi cers, giving them

full authority to enforce local and state laws.162

Emergency Support Function #13 (ESF-13) of the National Response Plan

DOJ, along with the Department of Homeland Security

(DHS), is responsible for the Emergency Support Function

#13 (ESF-13) of the National Response Plan.163 ESF-13

covers Public Safety and Security and tasks DOJ and DHS

with integrating federal non-investigative/non-criminal

law enforcement public safety and security capabilities

and resources to “support the full range of incident

management activities with potential or actual Incidents

of National Signifi cance.” The Offi ce of the Deputy

Attorney General and the Offi ce of Legal Counsel assist in

coordinating DOJ’s ESF-13 responsibilities. The Bureau of

Alcohol, Tobacco, Firearms and Explosives is responsible

for DOJ’s day-to-day actions with respect to ESF-13.

After the hurricane, ESF-13 requests were processed

through the Law Enforcement Coordination Center (LECC)

in Baton Rouge, because the LECC had working knowledge

of the available regional resources.164 The LECC determined

whether the request could be met under ESF-13. The LECC

(1) confi rmed the requestor could not perform the mission,

(2) determined whether the request was valid for ESF-13,

(3) determined whether there were available federal law

enforcement resources; and (4) approved or declined the

request. The LECC then forwarded the approved request to

Washington, D.C. Each requested agency coordinated with

FEMA to establish funding.

Federal law enforcement coordination required communication between the U.S. Department of Justice, U.S. Department of Homeland Security, and the governors of the affected states

The Attorney General of the United States may “appoint

offi cials . . . to detect and prosecute crimes against the

United States.”165 The Attorney General may also approve

the request of a state governor for federal law enforcement

assistance if the Attorney General concludes that such

“assistance is necessary to provide an adequate response

to a law enforcement emergency.”166

DOJ also has the authority under the Stafford Act to

provide for non-operational assistance. In the case of a

major disaster or an emergency, the President may direct the

Department to “utilize its authorities and resources granted

to it under Federal law (including personnel, equipment,

258 A FAILURE OF INITIATIVE

supplies, facilities, and managerial, technical and advisory

services) in support of State and local efforts.”167

On Friday, September 2, Gonzales sent a memorandum

to the heads of DOJ’s law enforcement agencies, asking

each agency to continue coordinating with state and local

law enforcement.168 The Attorney General specifi cally

requested that: (1) the Federal Bureau of Investigation

continue to deploy agents and tactical assets, (2) the Drug

Enforcement Administration prepare to deploy its Mobile

Enforcement Teams, (3) the Bureau of Alcohol, Tobacco,

Firearms and Explosives establish a Violent Crime Impact

Team in Baton Rouge, Louisiana, and (4) the United States

Marshals Service conduct prisoner transport operations

and provide court security.

On September 3, Gonzales received a letter from

Mississippi Governor Barbour requesting the “deployment

of Deputy U.S. Marshals to the State of Mississippi in

support of law enforcement requirements created by the

effects of Hurricane Katrina.”169 The same day, Gonzales

responded in writing to Barbour that his request was

approved, and an order authorizing the Director of the

U.S. Marshals Service to “take all necessary and appropriate

steps within available resources to provide the assistance so

requested by [Governor Barbour]” was issued.170

The same day, Gonzales received a letter from Blanco

requesting the deployment of the USMS and/or other

Department of Justice personnel to the area affected by

Hurricane Katrina.171 On September 4, Gonzales responded

in writing to Blanco that her request was approved, and an

order authorizing the Deputy Attorney General to “take all

necessary and appropriate steps within available resources

to provide the assistance so requested by [Governor

Blanco]” was issued.172

On September 6, Gonzales and DHS Secretary Michael

Chertoff received a letter from Blanco requesting “the

deployment of Immigration and Customs Enforcement

offi cers, Customs and Border Protection personnel and/or

other Department of Homeland Security personnel . . .

in support of the law enforcement challenges created by

the effects of Hurricane Katrina.”173 Gonzales responded

in writing to Governor Blanco on September 7, saying

that after consulting with DHS, he approved Blanco’s

request and deployed the appropriate law enforcement

personnel.174 Chertoff also responded to Blanco on

September 7, stating that DHS law enforcement would

“continue to provide assistance” with state and local

authorities in Louisiana.175

The Law Enforcement Coordination Center in Baton Rouge, Louisiana coordinated the efforts of all federal law enforcement in the greater New Orleans area and assisted the New Orleans Police Department in reorganization

During the fi rst week following the hurricane, local, state,

and federal law enforcement working in New Orleans

began daily 9:00 a.m. meetings at the Harrah’s Casino

in downtown New Orleans.176 These meetings enabled

the law enforcement entities to meet face to face and

coordinate critical missions. The New Orleans Police

Department (NOPD) District Captain for each city

district attended the meetings, along with the Bureau

of Alcohol, Tobacco, Firearms, and Explosive (ATF), the

Drug Enforcement Agency (DEA), the Federal Bureau of

Investigations (FBI), and U.S. Immigration and Customs

Enforcement (ICE).

Michael J. Vanacore, Director of International Affairs

ICE, and Michael Wolf, Special Agent-In-Charge for the

FBI’s Critical Incident Response Group, were detailed by

their respective agencies to Baton Rouge to coordinate the

federal law enforcement response to Hurricane Katrina in

Louisiana.177 The two men were designated as Co-Senior

During the fi rst week following the hurricane, local, state, and federal law enforcement working in New Orleans began daily 9:00 a.m. meetings at the Harrah’s Casino in downtown New Orleans.

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Federal Law Enforcement Offi cers (SFLEO) and stood up

the Law Enforcement Coordination Center (LECC) at LSP

headquarters in Baton Rouge.178

Vanacore arrived at the Louisiana State Police (LSP)

headquarters in Baton Rouge on Sunday, September 4.179

At the time, Vanacore understood his role was to work

with the ICE New Orleans Agent-in-Charge, Michael Holt,

and report to ICE headquarters in Washington, D.C. on

ICE’s mission in the area affected by the hurricane. Late

that evening, Vanacore was informed of the decision to

designate him SFLEO. He was instructed he would share

SFLEO responsibilities with Wolf. Wolf arrived in Baton

Rouge on Monday, September 5. The same day, Vanacore

reviewed an unsigned letter designating him and Wolf as

SFLEO.

Vanacore and Wolf had their fi rst meeting late on

September 5.180 On September 6, it was clear to Vanacore

and Wolf they needed an operations center to coordinate

federal law enforcement efforts in New Orleans.181 The

center was then designated the LECC. The LECC did

not have command and control over the federal law

enforcement missions. Rather it served as the point of

contact for all federal law enforcement in the greater

New Orleans area. The missions of the LECC were to

coordinate efforts to reestablish the NOPD and efforts

of all law enforcement agencies’ deployed resources to

the New Orleans area. According to Vanacore, the main

mission of the LECC was to ensure offi cer safety.182

On September 6, offi cials from the LECC, including

Vanacore, met with the Mayor of New Orleans, the City

of New Orleans Homeland Security Director and counsel

for the Mayor.183 Offi cials also met with the NOPD

precinct captains.184 Vanacore reported the Mayor’s offi ce

and NOPD were “very helpful” and worked well with

the LECC.185 The LECC had little communication with

the Louisiana Governor’s Offi ce, but Vanacore and Wolf

both said interaction with the Governor’s offi ce was not

necessary to achieve LECC’s goals.186

Wolf brought additional FBI agents with him to Baton

Rouge, as well as a Blue Whale Command, the FBI’s

mobile command station, specially equipped with offi ce

and communication equipment.187 Vanacore stated the

mobile command center was invaluable to standing up

the LECC.188 By September 7, the LECC was gathering

and centralizing information, to ensure there were not

duplicate law enforcement missions.189

The LECC divided the federal law enforcement entities

by New Orleans police districts.190 Each federal law

enforcement agency was responsible for coordinating with

the precinct captain of the district.191

The LECC also began daily 8:00 a.m. meetings with

representatives from state and federal law enforcement.192

ICE, FBI, DEA, ATF, USMS, U.S. Customs and Border

Protection, including the Border Patrol, the National

Guard, the U.S. Attorney’s Offi ce from New Orleans and

Baton Rouge, the Offi ce of the Louisiana Attorney General,

LSP, NOPD, and the New Orleans Fire Department were

all represented at the meetings. The City of New Orleans

Homeland Security Director also attended the daily

meetings. In addition, the U.S. Secret Service, the Sheriff’s

Association, and the Federal Air Marshals participated

on a limited basis. CBP and FBI provided helicopters to

transport attendees to and from New Orleans and the

LECC for the meetings.193

The daily meetings commenced with Wolf reporting

the number of arrests and incidents from the prior day.194

There was then a roll call of all attendees to report their

force numbers. Vanacore summarized the daily events

on his blackberry and communicated to Jon Clark at ICE

headquarters in Washington, D.C. Wolf communicated

with FBI Headquarters.195

As the LECC worked from Baton Rouge, it became

apparent to Vanacore and Wolf that in order to achieve its

goals, the LECC needed to be located in New Orleans.196

On September 9, the LECC and NOPD moved into the

Royal Sonesta Hotel on Bourbon Street.197 The LECC and

NOPD each had a conference room and an additional

room was used to receive incoming 911 telephone calls.198

The LECC worked with NOPD to assist in “standing

up” the police department. There were eight NOPD district

offi ces in New Orleans.199 Four were rendered useless

due to insuffi cient power, and four were fl ooded. LECC

acquired air conditioning compressors and generators for

the district offi ces that needed power. Temporary offi ce

spaces were procured to replace the fl ooded offi ces. The

evidence and property rooms for the NOPD were under

water and contained mold. The LECC assisted NOPD with

procuring contractors to recover and process the evidence

and property, and clean NOPD headquarters.

As a result of stolen uniforms, destroyed homes,

and displaced New Orleans police offi cers, NOPD was

patrolling the city without proper uniforms.200 The LECC

was able to procure temporary battle dress uniforms off

260 A FAILURE OF INITIATIVE

the Federal Supply Schedule maintained by the General

Services Administrations (GSA) for acquisitions by federal

agencies. By using GSA for the uniforms, the NOPD did

not have to utilize its local procurement process, which

would have required three separate bids before purchasing

new uniforms.

In addition, the LECC located photographers to create

credentials for LECC and NOPD guards and offi cials at

the Royal Sonesta.201 LECC provided lights and generators

to assist 15 police checks points. Supplies were provided

for crime scene processing, including gloves and masks to

protect police from mold.

Both Vanacore and Wolf reported the LECC had a

positive working relationship with NOPD and that the

department was receptive to LECC’s assistance.202

Conclusion

First the levees were breached––and then law and order.

As Katrina left people scrambling for food, for water, for

supplies – for survival — lawlessness and violence, both

real and imagined, spread, creating yet another problem

for authorities who were burdened enough already.

How did this happen? For starters, the lack of basic

necessities for residents who did not evacuate, or went

back to their homes too quickly, contributed. As we saw in

Pearl River County, once there were suffi cient amounts of

food, ice, and water, order was restored. Another problem

was the uncertainty about evacuations. Confusion

reigned, especially in places like the Superdome and the

Convention Center, where conditions were terrible, nerves

frayed, people desperate.

Compounding these diffi culties was the collapse or

absence of law enforcement. The police, in some cases,

were unable to function or were diverting their attention

to search and rescue operations. The New Orleans Police

Department had known of the threat that could arise from

fl ooding, yet failed to properly protect its resources or

come close to continuity of operations. There was also a

dereliction of duty by some New Orleans offi cers when, of

course, their presence was needed most.

The federal, state, and local governments also lost

another battle, this one with the media. Rumors spread, as

fast as the fear. Some turned out to be true, but many did

not, resulting in exaggerated reports that scared away truck

and bus drivers who could have furnished people with

much-needed supplies. Authorities needed to be on top of

this situation, not a victim of it.

Fortunately, the National Guard in all three affected

states were able to help out overburdened local

authorities. About 20 other states added support, an

effort that prevented a dire situation from being much

worse. DOD active duty forces also came through, their

mere presence serving to reduce tensions. Federal law

enforcement agencies played an important role, as well,

with additional forces and supplies.

For an exhaustive account of all federal law

enforcement actions in response to Hurricane Katrina

from August 23 to September 12, 2005, please see

Appendix 5. ■

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1 Interview by Select Comm. Staff with Bobby Strahan, Dir. Pearl River County Emergency Mgmt. Agency, State of Miss., in Wash., D.C. (Nov. 29, 2005) [hereinafter Interview with Bobby Strahan].

2 Hearing on Hurricane Katrina: Preparedness and Response by the State of Mississippi Before Select Comm., 109th Cong. (Dec. 7, 2005) at 11 (statement of Dr. Brian Amy, State Health Offi cer, Miss. Dep’t of Health) [hereinafter Dec. 7, 2005 Select Comm. Hearing].

3 Id. 4 Interview by Select Comm. Staff with Maj. Ralph D. Mitchell, Jr., Region 1 Commander, La. State Police and LtC. Joseph Booth, Deputy

Superintendent, La. State Police, in Baton Rouge, LA (Nov. 9, 2005) [hereinafter Interview with Mitchell and Booth]. 5 Hearing on Hurricane Katrina: Preparedness and Response by the State of Louisiana Before Select Comm., 109th Cong. (Dec. 14, 2005) at 103

(statement of Governor Kathleen Blanco, State of LA) [hereinafter Dec. 14, 2005 Select Comm. Hearing]. 6 EM2000 Messages, Nos. MEMA-0011924, MEMA-0012244, MEMA-001228, MEMA-0012312, MEMA-0013022 (on fi le with Select Comm.). 7 Id. 8 Interview with Mitchell and Booth. 9 Interview by Select Comm. Staff with Jiff Hingle, Sheriff, Plaquemines Parish, LA, in New Orleans, LA (Nov. 8, 2005) [hereinafter Interview

with Jiff Hingle]. 10 Interview by Select Comm. Staff with David Tranter, Deputy Attorney Gen. and Gen. Counsel, State of AL Emergency Mgmt. Agency, in

Clanton, AL (Oct. 11, 2005). 11 EM2000 Messages, No. MEMA-0011924 (on fi le with Select Comm.). 12 Tiger Team Katrina Report, LA Nat’l Guard at 27 (Nov. 2, 2005) (on fi le with Select. Comm.). 13 Interview by Select Comm. Staff with LtC. Jacques Thibodeaux and Col. Mark Mouton, LA Nat’l Guard, in New Orleans, LA (Nov. 3, 2005)

[hereinafter Interview with Thibodeaux and Mouton]. 14 Dec. 7, 2005 Select Comm. Hearing at 5 (Statement of William L. Carwile, former FEMA Fed. Coordinating Offi cer). 15 Id. at 125-26 (Statement of Mayor Tommy Longo, Waveland, Miss.). 16 Id. at 125-27 (Statement of Mayor Tommy Longo, Waveland, Miss.). 17 Interview by Select Comm. Staff with Hancock County Emergency Operations Ctr. personnel, in Hancock County, Miss. (Oct. 11-14, 2005). 18 Interview with Bobby Strahan. 19 Interview with Jiff Hingle. 20 Id. 21 Dan Baum, Deluged, When Katrina Hit, Where Were the Police?, THE NEW YORKER, Jan. 9, 2006 at 54 [hereinafter Deluged Article]. 22 Id. 23 Id. 24 Id. at 52. 25 Interview by Select Comm. Staff with Lonnie Swain, Deputy Chief, New Orleans Police Dep’t, in New Orleans, LA (Nov. 9, 2005) [hereinafter

Interview with Lonnie Swain]. 26 Interview with Mitchell and Booth. 27 Dec. 14, 2005 Select Comm. Hearing at 226 (statement of C. Ray Nagin, Mayor, City of New Orleans, LA). 28 Interview with Mitchell and Booth. 29 Interview by Select Comm. Staff with Thomas Enright, Assistant Attorney Gen., Public Prot. Div., LA Dep’t of Justice, in New Orleans, LA

(Nov. 8, 2005) [hereinafter Interview with Thomas Enright]. 30 Deluged Article at 54. 31 Interview with Lonnie Swain. 32 Stealing for Salvation, (MSNBC Television News Broadcast, Aug. 31, 2005). 33 Robert E. Pierre and Ann Gerhart, News of Pandemonium May Have Slowed Aid, WASH. POST, Oct. 5, 2005 [hereinafter Pandemonium Article]. 34 Interview with Thibodeaux and Mouton; Interview by Select Comm. Staff with Terry Ebbert, Dir., Homeland Sec., City of New Orleans, in

New Orleans, LA (Nov. 9, 2005) [hereinafter Interview with Terry Ebbert]. 35 Interview with Thibodeaux and Mouton; Interview with Terry Ebbert; Interview by Select Comm. Staff with Nicholas Gachassin, First

Assistant Attorney Gen., LA Dep’t of Justice, in Baton Rouge, LA (Nov. 6, 2005) [hereinafter Interview with Nicholas Gachassin]. 36 David Carr, More Horrible Than Truth: News Reports, N.Y. TIMES, Sept. 19, 2005 [hereinafter Carr Article]. 37 Interview with Nicholas Gachassin; Interview with Thomas Enright. 38 Daily Video Teleconferences among offi cials dated Aug. 25 – Sep. 4, 2005 at 15 [hereinafter Daily VTC]. State and local offi cials from each of

the impacted areas met daily with offi cials from, among other agencies, FEMA, and Nat’l Hurricane Center. 39 Id. at 6. 40 Dec. 14, 2005 Select Comm. Hearing at 214 (Statement of Terry Ebbert). 41 Id. at 226 (Statement of Mayor Ray Nagin, City of New Orleans, LA). 42 Carr Article; Susannah Rosenblatt and James Rainey, Katrina Takes Toll on Truth, News Accuracy, L.A. TIMES, Sept. 27, 2005; Beth Gillin, Katrina

Spawned Rumors; Media Ran with Them, PHILA. INQUIRER, Sept. 28, 2005. 43 Id. 44 Id. 45 Interview with Thibodeaux and Mouton. 46 Hearing on Hurricane Katrina: Preparedness and Response by the Department of Defense, the Coast Guard, and the National Guard of Louisiana,

Mississippi, and Alabama Before Select Comm., 109th Cong. (Oct. 27, 2005) at 196 (statement of Lt. Gen. H Steven Blum, Chief of the Nat’l Guard Bureau) [hereinafter Oct. 27, 2005 Select Comm. Hearing].

47 Pandemonium Article. 48 Interview with Thibodeaux and Mouton.

262 A FAILURE OF INITIATIVE

49 Telephone Interview by Select Comm. Staff with Capt. Jeff Winn, New Orleans Police Dep’t., New Orleans, LA, in Wash., D.C. (Jan. 26, 2006).

50 Id. 51 Id. 52 Oct. 27, 2005 Select Comm. Hearing at 196-97 (statement of Lt. Gen. H Steven Blum, Chief of the Nat’l Guard Bureau). 53 Interview with Thibodeaux and Mouton; Interview with Nicholas Gachassin; Interview with Terry Ebbert. 54 Interview with Nicholas Gachassin. 55 Interview by Select Comm. Staff with Andy Kopplin, Chief of Staff, Offi ce of the Governor of LA, in New Orleans, LA (Nov. 6, 2005). 56 EMAC Operations Manual (Oct. 2005) [hereinafter EMAC Ops Manual]; Telephone Interview by Select Comm. Staff with EMAC personnel,

in Wash., D.C. (Dec. 13, 2005) [hereinafter Telephone Interview with EMAC]; EMAC website: What Is EMAC. www.emacweb.org/?9 (last visited Jan. 26, 2006).

57 EMAC Ops Manual; Telephone Interview with EMAC; EMAC website: What Is EMAC. www.emacweb.org/?9 (last visited Jan. 26, 2006). 58 Emergency Management Assistance Compact, Pub. L. No. 104-321, 110 Stat. 3877 (1996). Hawaii has not ratifi ed EMAC. (E-mail

correspondence from EMAC personnel to Select Comm. Staff (Dec. 13, 2005) (5:14 p.m.)). 59 EMAC Ops Manual. 60 EMAC website: How Does EMAC Work. www.emacweb.org/?142 (last visited Jan. 26, 2006). 61 Id. 62 Telephonic Interview with EMAC. 63 Id. 64 Id. 65 Id. 66 Id. 67 E-mail correspondence from EMAC personnel to Select Comm. Staff (Dec. 19, 2005) (5:25 p.m.). 68 Presentation Materials prepared by EMAC personnel, EMAC Responses to Hurricanes Katrina and Rita (Oct. 4, 2005). 69 Id. 70 Id. 71 Master Log of EMAC Requisitions (unaudited draft). 72 Telephone Interview with EMAC. 73 Dec. 7, 2005 Select Comm. Hearing at 5 (Statement of William L. Carwile, former FEMA Fed. Coordinating Offi cer); Interview by Select

Comm. Staff with William Carwile, former FEMA Fed. Coordinating Offi cer, in Wash., D.C. (Dec. 6, 2005). 74 Hurricane Situation Report 54, Miss. Emergency Management Agency (Sept. 10, 2005 at 1500 hours); updated Miss. Guard numbers from

Miss. Nat’l Guard Daily Recap (Oct. 11, 2005). 75 EMAC Assistance to Miss., Nat’l Emergency Mgmt. Ass’n (Nov. 3, 2005). 76 Oct. 27, 2005 Select Comm. Hearing at 133 (statement of Paul McHale, Assistant Sec’y of Def. for Homeland Def.). 77 Dec. 7, 2005 Select Comm. Hearing at 111 (statement of William L. Carwile, former FEMA Fed. Coordinating Offi cer). 78 Interview by Select Comm. Staff with Col. Marvin E. Curtis, Jr., Assistant Comm’r, Dep’t of Public Safety, State of Miss., in Jackson, Miss. (Oct.

2005). 79 Dec. 7, 2005 Select Comm. Hearing at 111 (statement of William L. Carwile, former FEMA Fed. Coordinating Offi cer) (“[I]n addition to the

relief we got from the things that Mississippi brought to bear, the state of Florida which prepositionalized things up at the Panhandle, they bought us time too, because it would have been much worse had it not been for the things we got from Florida.”).

80 Hurricane Situation Reports, Miss. Emergency Mgmt. Agency (Sept. 2, 2005 at 1200 hours; Sept. 6, 2005 at 0200 hours); Dec. 7, 2005 Select Comm. Hearing at 2 (Statement of Governor Haley Barbour, State of Miss.).

81 EMAC Assistance to Miss., Nat’l Emergency Mgmt. Ass’n (Nov. 3, 2005). 82 E-mail correspondence from Patrick Rhode to Casey Long and Brooks Altshuler (Sept. 2, 2005) (6:46 p.m.). 83 Id. 84 Daily VTC at 9 (Sept. 2, 2005). 85 Telephone Interview by Select Comm. Staff with Federal Bureau of Investigation [hereinafter FBI] personnel, in Wash., D.C. (Dec. 15,

2005) [hereinafter Dec. 15 Telephone Interview with FBI]; The Jackson Field Div. covers the entire state of Miss. and has 10 Resident Agencies located in: Southaven, Oxford, Tupelo, Columbus, Greenville, Meridian, Hattiesburg, Macomb, Gulfport, and Pascagoula (E-mail correspondence from FBI personnel to Select Comm. Staff (Dec. 5, 2005) (6:10 p.m.)) [hereinafter Dec. 5 E-mail from FBI].

86 Dec. 15 Telephone Interview with FBI. 87 Interview by Select Comm. Staff with FBI personnel, in Wash., D.C. (Nov. 28, 2005) [hereinafter Nov. 28 Interview with FBI]; Dec. 15

Telephone Interview with FBI. 88 Dec. 15 Telephone Interview with FBI. 89 Nov. 28 Interview with FBI. 90 Dec. 5 E-mail from FBI. 91 Telephone Interview by Select Comm. Staff with FBI personnel (Jan. 27, 2006). 92 Bureau of Alcohol, Tobacco, Firearms and Explosives [hereinafter ATF] Summary of Signifi cant Activity (Nov. 18, 2005) [hereinafter ATF

Summary of Signifi cant Activity]. 93 ATF Summary of Signifi cant Activity; Interview by Select Comm. Staff with ATF personnel, in Wash., D.C. (Nov. 29, 2005) [hereinafter

Interview with ATF]. 94 Interview with ATF. 95 ATF Summary of Signifi cant Activity. 96 Id.

A FAILURE OF INITIATIVE 263

97 Interview with ATF; E-mail correspondence from ATF personnel to Select Comm. Staff (Dec. 7, 2005) (11:47 a.m.) [hereinafter E-mail from ATF]. The offi ce in Shreveport oversaw the administrative functions of the Shreveport, Little Rock, Jackson, and Oxford, Miss. Field Offi ces. (E-mail from ATF).

98 Interview with ATF. 99 E-mail from ATF. 100 Interview with ATF; Telephone Interview by Select Comm. Staff with ATF personnel, in Wash., D.C. (Dec. 1, 2005). 101 Response from the U.S. Dep’t of Justice, to Chairman Tom Davis, Select Comm., and Charlie Melancon, U.S. Congressman (Nov. 23, 2005)

[hereinafter Nov. 23 Dep’t of Justice Response]. 102 Hurricane Katrina Drug Enforcement Agency [hereinafter DEA] COOP Assessment (DAG000000223) (Jan. 26, 2006). 103 Nov. 23 Dep’t of Justice Response. 104 Nov. 23 Dep’t of Justice Response; Interview by Select Comm. Staff with DEA, in Wash., D.C. (Nov. 28, 2005). 105 Nov. 23 Dep’t of Justice Response. 106 Response from the U.S. Dep’t of Justice, to Chairman Tom Davis, Select Comm., and Charlie Melancon, U.S. Congressman (Dec. 8, 2005)

[hereinafter Dec. 8 Dep’t of Justice Response]; Interview by Select Comm. Staff with U.S. Marshal Service [hereinafter USMS] personnel, in Wash., D.C. (Dec. 8, 2005) [hereinafter Interview with USMS]. An Operational Mgmt. Team (OMT) oversees USMS’ national response. There are OMTs located throughout the United States. A Chief Deputy, the highest ranking career Marshal in the district is in charge of the OMT. Each OMT has a core group of eight personnel. (Interview with USMS).

107 Dec. 8 Dep’t of Justice Response. 108 Interview by Select Comm. Staff with U.S. Immigration and Customs Enforcement [hereinafter ICE] in Wash., D.C. (Nov. 16, 2005)

[hereinafter Nov. 16 Interview with Interview with ICE]. 109 Interview by Select Comm. Staff with ICE personnel, in Wash., D.C. (Dec. 2, 2005) [hereinafter Dec. 2 Interview with ICE]. 110 U.S. Customs and Border Prot. [hereinafter CBP] Timeline Aug. 24-Aug. 30 (Dec. 8, 2005) [hereinafter CBP Timeline Aug. 24-Aug. 30]; CBP

Hurricane Katrina Support and Operations PowerPoint (Sept. 20, 2005). 111 CBP Timeline Aug. 24-Aug. 30. 112 Interview by Select Comm. Staff with CBP personnel, in Wash., D.C. (Dec. 6, 2005) [hereinafter Interview with CBP]; CBP Timeline Aug. 30-

Sept. 13 (Dec. 21, 2005) [hereinafter CBP Timeline Aug. 30-Sept. 13]. 113 E-mail correspondence to Select Comm. Staff from CBP personnel (Jan. 26, 2006) (1:35 p.m.). 114 Fed. Air Marshal Serv. [hereinafter FAMS] Timeline prepared for Select Comm. Staff (Nov. 29, 2005) [hereinafter FAMS Timeline]. 115 Interview by Select Comm. Staff with FAMS personnel, in Wash., D.C. (Nov. 29, 2005) [hereinafter Interview with FAMS]; FAMS Timeline. 116 Interview by Select Comm. Staff with Fed. Bureau of Prisons [hereinafter BOP] personnel, in Wash., D.C. (Dec. 5, 2005) [hereinafter

Interview with BOP]; Dec. 8 Dep’t of Justice Response. 117 Dec. 8 Dep’t of Justice Response. 118 Nov. 28 Interview with FBI. 119 Nov. 23 Dep’t of Justice Response. 120 Telephone Interview by Select Comm. Staff with FBI personnel (Jan. 27, 2006) [hereinafter Jan. 27 Telephone Interview with FBI]; Nov. 23

Dep’t of Justice Response. 121 Nov. 23 Dep’t of Justice Response. There are four Rapid Deployment teams located in: New York City, Wash., D.C., Los Angeles, and Miami.

The teams are comprised of 160 people with different specialties. They are equipped to respond and be self suffi cient for seven days on their own. (Telephone Interview by Select Comm. Staff with FBI personnel, in Wash., D.C. (Dec. 5, 2005) [hereinafter Dec. 5 Telephone Interview with FBI]).

122 Nov. 23 Dep’t of Justice Response. 123 Dec. 15 Telephone Interview with FBI. 124 Nov. 23 Dep’t of Justice Response. The Law Enforcement On-Line Internet site is not available to the general public. Law enforcement entities

from around the country must have a password to access the FBI’s information. (Dec. 5 E-mail from FBI). 125 Dec. 5 Telephone Interview with FBI. 126 ATF Summary of Signifi cant Activity. 127 ATF Summary of Signifi cant Activity; Interview with ATF. 128 Interview with ATF. 129 ATF Summary of Signifi cant Activity. 130 ATF Summary of Signifi cant Activity; Interview with ATF. 131 Response from U.S. Dep’t of Justice, to Chairman Tom Davis, Select Comm., and Charlie Melancon, U.S. Congressman (Dec. 21, 2005). The

day by day breakdown is as follows: Aug. 30 (24), Aug. 31 (17), Sept. 1 (32), Sept. 2 (16), Sept. 3 (33), Sept. 4 (38), Sept. 5 (11), Sept. 6 (13), Sept. 7 (39), Sept. 8 (10), Sept. 9 (6), Sept. 10 (5), Sept. 11 (4), Sept. 12 (4). (Id.).

132 Nov. 23 Dep’t of Justice Response. 133 Dec. 8 Dep’t of Justice Response. 134 Id. Police Dep’ts included: Pass Christian Police Dep’t, Gulfport Police Dep’t, Biloxi Police Dep’t, Long Beach Police Dep’t, and Harrison

County Sheriff’s Dep’t. 135 Dec. 2 Interview with ICE. 136 Id. 137 Dec. 2 Interview with ICE; E-mail correspondence from Ronald R. Grimes, DHS to Gerald Garren, et al, (Sept. 6, 2005) (5:27 p.m.). Miss.

entities assisted by ICE: Miss. Highway Patrol, Gulfport Police Dep’t, Harrison County Sheriffs Offi ce, Waveland Police Dep’t, Bay St. Louis Police Dep’t, Long Beach Police Dep’t, Pass Christian Police Dep’t, Hancock County Sheriffs Offi ce, and Jackson County Sheriffs Offi ce. (Id.; Dec. 2 Interview with ICE).

138 CBP Timeline Aug. 24-Aug. 30. 139 CBP Timeline Aug. 30-Sept. 13.

264 A FAILURE OF INITIATIVE

140 Interview with FAMS. 141 FAMS Timeline. 142 Interview with FAMS. 143 FAMS Timeline. 144 Interview with FAMS. This included, meeting arriving buses, helicopters, trucks, and ambulances; canvassing evacuees for information on

those left behind in New Orleans; handwriting manifests for the New Orleans International Airport departing fl ights; pre-screening and loading passengers; crowd control; baggage handling; air traffi c control; operating heavy equipment to facilitate blocking and dispatching aircraft; hand-carrying hundreds of sick, injured and elderly passengers on to departing aircraft; working with FEMA triage personnel to carry patients on stretchers for medical evaluation; delivering patients to the “Expected to Die” and morgue holding areas; and assisting in other medical emergencies. (Id.).

145 Additional Info. Relating To Secret Service [hereinafter USSS] Contributions Toward Response and Recovery Efforts Associated With Hurricane Katrina (Dec. 5, 2005) [hereinafter Dec. 5 Additional Info. Relating to USSS]; Additional Info. Relating To USSS Contributions Toward Response and Recovery Efforts Associated With Hurricane Katrina (Dec. 7, 2005).

146 Dec. 5 Additional Info. Relating to USSS. 147 Dec. 8 Dep’t of Justice Response. 148 Interview with BOP; Dec. 8 Dep’t of Justice Response. 149 Dec. 8 Dep’t of Justice Response. A total of 54 BOP personnel were responsible for the transportation. These personnel were detailed from

the Federal Correction Complex (FCC) in Beaumont, TX; FCC Forrest City, Arkansas; FCC Yazoo City, MS; FCC Oakdale, LA; the United States Penitentiary in Pollock, LA; the Federal Detention Center in Houston, TX. (Id.).

150 Dec. 8 Dep’t of Justice Response; Interview with BOP. 151 Dec. 5 Telephone Interview with FBI; Dec. 5 E-mail from FBI (citing LA. REV. STAT. ANN. § 9:2793.1 (2005)). 152 Dec. 5 E-mail from FBI. 153 Dec. 5 E-mail from FBI; Dec. 5 Telephone Interview with FBI; Letter from Haley Barbour, Governor, State of Miss., to all state and local law

enforcement offi cers (Sept. 9, 2005) [hereinafter Sept. 9 Governor Barbour letter]. The Governor’s request was made under the Emergency Law Enforcement Assistance provisions of the Justice Assistant Act of 1984, 42 U.S.C. §§ 10501-10513, which authorizes the U.S. Dep’t of Justice to provide law enforcement assistance to a state. (Id.).

154 Dec. 5 E-mail from FBI (citing order issued pursuant to MISS. CODE ANN. § 33-15-1 (2005)); Sept. 9 Governor Barbour letter. The Governor’s request was made under the Miss. Emergency Mgmt. Law § 33-15-11(10). (Id.).

155 Interview with ATF. 156 28 U.S.C. § 564 (2005). 157 Order No. 2778-2005 from Alberto R. Gonzales, U.S. Attorney Gen. to USMS, Dir., Sept. 3, 2005 [hereinafter Gonzales Order to Dir. USMS]. 158 Dec. 2 Interview with ICE. 159 CBP Timeline Aug. 30-Sept. 13. 160 Interview with CBP. 161 CBP Timeline Aug. 30-Sept. 13. 162 FAMS Timeline. 163 Nov. 23 Dep’t of Justice Response. 164 E-mail correspondence from Bill Mercer to Bill Mercer (ODAG) (Sept. 8, 2005) (6:04 p.m.). 165 Nov. 23 Dep’t of Justice Response (citing 28 U.S.C. § 533). 166 Nov. 23 Dep’t of Justice Response (citing 42 U.S.C. § 10501). 167 Id. 168 Memorandum from Alberto R. Gonzales, U.S. Attorney Gen., to Heads of Fed. Law Enforcement Agencies (Sept. 2, 2005). 169 Letter from Haley Barbour, Governor, State of Miss., to Alberto R. Gonzales, U.S. Attorney Gen. (Sept. 3, 2005). The Governor’s request was

made under the Emergency Law Enforcement Assistance provisions of the Justice Assistant Act of 1984, 42 U.S.C. §§ 10501-10513, which authorizes the U.S. Dep’t of Justice to provide law enforcement assistance to a state. (Id.).

170 Letter from Alberto R. Gonzales, U.S. Attorney Gen., to Haley Barbour, Governor, State of Miss. (Sept. 3, 2005); Gonzales Order to Dir. USMS.

171 Letter from Kathleen Blanco, Governor, State of LA, to Alberto R. Gonzales, U.S. Attorney Gen. (Sept. 3, 2005). The Governor’s request was made under the Emergency Law Enforcement Assistance provisions of the Justice Assistant Act of 1984, 42 U.S.C. §§ 10501-10503, which authorizes the U.S. Dep’t of Justice to provide law enforcement assistance to a state. (Id.).

172 Letter from Alberto R. Gonzales, U.S. Attorney Gen., to Kathleen Blanco, Governor, State of LA (Sept. 4, 2005); Order No. 2779-2005 from Alberto R. Gonzales, U.S. Attorney Gen. to Deputy Attorney Gen. (Sept. 4, 2005).

173 Letter from Kathleen Blanco, Governor, State of LA, to Alberto R. Gonzales, U.S. Attorney Gen. and Michael Chertoff, Sec’y, Dep’t of Homeland Sec. (Sept. 6, 2005). The Governor’s request was made under the Emergency Law Enforcement Assistance provisions of the Justice Assistant Act of 1984, 42 U.S.C. §§ 10501-10503, which authorizes the U.S. Dep’t of Justice to provide law enforcement assistance to a state. (Id.).

174 Letter from Alberto R. Gonzales, U.S. Attorney Gen., to Kathleen Blanco, Governor, State of LA (Sept. 7, 2005). 175 Letter from Michael Chertoff, Sec’y, Dep’t. of Homeland Sec., to Kathleen Blanco, Governor, State of LA (Sept. 7, 2005). 176 Dec. 2 Interview with ICE. 177 Nov. 16 Interview with ICE; Dec. 2 Interview with ICE; Interview by Select Comm. Staff with FBI personnel, in Washington, D.C. (Dec. 6,

2005) [hereinafter Dec. 6 Interview with FBI]. 178 Dec. 2 Interview with ICE; Nov. 23 Dep’t of Justice Response. 179 Dec. 2 Interview with ICE. 180 Id. 181 Dec. 2 Interview with ICE; Dec. 6 Interview with FBI. 182 Dec. 2 Interview with ICE. 183 Id. 184 Dec. 2 Interview with ICE; Dec. 6 Interview with FBI.

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185 Dec. 2 Interview with ICE. 186 Dec. 2 Interview with ICE; Dec. 6 Interview with FBI. 187 Nov. 28 Interview with FBI; Dec. 2 Interview with ICE. 188 Dec. 2 Interview with ICE. 189 Dec. 2 Interview with ICE; Dec. 6 Interview with FBI. 190 Id. 191 Dec. 2 Interview with ICE; Dec. 6 Interview with FBI; Dec. 5 E-mail from FBI. The assignments were as follows: District 1: ATF/ DEA, District

2: FBI/Border Patrol’s Tactical Units (BORTAC), District 3: Federal Protective Service, District 4: ICE, District 5: USMS/DEA/BORTAC, District 6: FBI/ATF, District 7: FBI/DEA/BORTACT, and District 8: ATF. (Dec. 5 E-mail from FBI).

192 Dec. 2 Interview with ICE; Dec. 6 Interview with FBI. 193 Dec. 2 Interview with ICE. 194 Id. 195 Dec. 6 Interview with FBI. 196 Dec. 2 Interview with ICE; Dec. 6 Interview with FBI. 197 Dec. 2 Interview with ICE; Dec. 6 Interview with FBI; Dec. 5 E-mail from FBI. 198 Dec. 6 Interview with FBI. 199 Id. 200 Id. 201 Id. 202 Dec. 2 Interview with ICE; Dec. 6 Interview with FBI.

266 A FAILURE OF INITIATIVE

“It’s like being in a Third World country.

We’re trying to work without power.

Everyone knows we’re all in this together.

We’re just trying to stay alive.”

Mitch Handrich

Registered Nurse Manager at Charity Hospital1

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MEDICAL CARE

Medical care and evacuations suffered from a lack of advance preparations, inadequate communications, and diffi culties coordinating efforts

Summary

Public health preparedness and medical assistance are critical components to any disaster response plan

Hurricane Katrina tested the nation’s planning and

preparedness for a major public health threat and

highlighted the importance of strong cooperation

and partnerships among health agencies at all levels

of government. The threat of any type of disaster

emphasizes the need for planning and practice. Public

health preparedness and medical assistance are critical

components to any disaster response plan — the faster

the health community responds, the more quickly control

strategies can be developed and appropriate treatments can

be identifi ed. And the faster human suffering is diminished.

The annual hurricane season is a continuous

challenge to public health infrastructures and a strain on

resources. As seen in the preparation for and response

to Katrina, medical personnel, supplies, and equipment

were in constant need in the Gulf coast region. Despite

defi ciencies in coordination, communication, and

capacity, public health and medical support services

effectively treated a massive and overwhelming evacuee

population. Federalized teams of medical fi rst responders

were deployed to the affected region to provide assistance.

Millions of dollars worth of medical supplies and assets

were consumed. Some Department of Health and Human

Services (HHS) assets, like the Federal Medical Shelters,

had never been used or tested prior to Katrina but were

deployed and were, for the most part, considered effective.

Despite diffi culties, the medical assistance and

response to Hurricane Katrina was a success. Thousands

of lives were saved because of the hard work and enduring

efforts of public health offi cials and medical volunteers.

Poor planning and preparedness, however, were also too

big a part of the story, resulting in delays and shortages of

resources, and loss of life in the region.

This chapter outlines what medical personnel and

supplies were pre-positioned, and deployed post-landfall,

to the affected area and how those assets were utilized.

It explains the plans in place prior to Hurricane Katrina

for health care facilities and shelters. The fi ndings in this

chapter conclude several defi ciencies in public health and

medical response plans exist at all levels of government

and within medical care facilities. Ultimately, better

planning and initiative would have resulted in a more

proactive, coordinated, effi cient, and effective response.

Personnel

HHS and the Department of Homeland Security (DHS)

have the capabilities to mobilize and deploy teams of

medical personnel to disaster areas. HHS controls the

Public Health Service Commissioned Corps, the Medical

Reserves Corps, and personnel from its agencies such as

the Centers for Disease Control and Prevention (CDC),

National Institutes of Health, Substance Abuse and

Mental Health Services Administration, and the Food

and Drug Administration. DHS, specifi cally FEMA,

has direct control over the National Disaster Medical

System (NDMS), which supplies and organizes teams

of medical personnel in each state who stand ready to

deploy at any moment. Unfortunately, limited numbers of

personnel were pre-positioned prior to landfall, and most

deployments were delayed until after the storm hit and

the magnitude of devastation was realized.

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Supplies

In addition to medical personnel, HHS, FEMA, and the

Department of Defense (DOD) have medical supplies at

their disposal to respond to a public health emergency.

HHS has control over the Strategic National Stockpile

(SNS), a national repository of pharmaceuticals and

medical supplies. NDMS personnel teams are always

accompanied by large caches of supplies and drugs. DOD

has a mobile medical unit capability as well. Limited

amounts of supplies, however, were staged in the region

prior to landfall. Several offi cials argued the magnitude

of the storm’s devastation could not have been predicted,

and the amount of supplies needed was unknown until

the fog cleared. Despite that argument, more supplies and

personnel could have been pre-positioned prior to landfall.

Evacuation plans, communication, and coordination must be executed well for effective response

During the days following Hurricane Katrina, around the

clock media coverage of patients and staff trapped in New

Orleans hospitals inundated television screens across the

country. The nation watched in horror. How long would

it take for evacuations to begin? And why had these

hospitals not evacuated before the storm?

The Select Committee focused part of its medical

investigation on these questions, as well as the

overarching issues of impaired communications and lack

of coordination. The Select Committee acknowledges this

chapter does not tell the story of every hospital devastated

by Hurricane Katrina. Nor does it include every detail of

the communications and coordination diffi culties which

impeded the medical response.

Rather, this chapter provides fi ndings based on an

in-depth examination of specifi c plans in place before the

storm, and a timeline of events that actually took place

after the storm. Similarly, the Select Committee recognizes

this section of the report focuses on the evacuations of

New Orleans medical facilities in particular. Because New

Orleans hospitals and facilities experienced the most

complete failure of equipment and communications,

and because the need to evacuate New Orleans hospital

patients was so extreme, the Select Committee chose these

institutions as its focal point.

Evacuations

As it stands, Louisiana hospitals and nursing homes are

responsible for having and implementing their own

emergency evacuation plans. The Louisiana Hospital

Association (LHA) does not provide specifi c emergency

response or evacuation guidance and said, with respect to

protecting patients and staff, the primary priority for all

hospitals is to “shelter in place” versus evacuate. Hospitals

are, however, expected to comply with requirements

set forth by the Joint Commission on Accreditation of

Healthcare Organizations.2

The majority of hospital CEOs, as well as state and

local medical personnel with whom the Select Committee

met, cited time and money as two key factors infl uencing

their decision about whether to evacuate patients from

a shelter or medical facility prior to a hurricane. Time is

critical given that the majority of hospital and Department

of Veterans Affairs Medical Center (VAMC) plans call for

evacuation decisions to be made anywhere from 36 to

72 hours in advance of a hurricane’s projected landfall

— hospitalized patients require a signifi cant amount of

time and staff to be moved safely. In the case of Hurricane

Katrina, the then Methodist Hospital CEO, Larry Graham,

said when he realized Hurricane Katrina was going to

hit New Orleans, there simply was not enough time to

evacuate patients.

The second much-discussed factor, cost, is perhaps

even more critical to the decision. Expenses for evacuating

a hospital are astronomical, and in the case of for-profi t

hospitals, these costs are not reimbursable by FEMA. In

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most cases hospitals say that given their cost/risk analyses,

it makes the most economic sense to ride out a storm and

protect patients within the hospital rather than evacuate

them. For example, going to Code Grey alone (without

factoring in evacuation expenses), costs Louisiana State

University’s hospitals $600,000 per day.3 Many members

of the New Orleans medical community likewise made

the point, had Hurricane Katrina not resulted in such

catastrophic fl ooding, their facilities would have been

prepared, and their decision not to evacuate patients

would have been the most prudent course of action. With

the factors of time and money in mind, this chapter seeks

to understand evacuation plans in place prior to Katrina,

and preparedness levels of hospitals and the government

to fully evacuate New Orleans medical facilities.

Communication and Coordination

Medical responders and coordinating offi cers from the

government, hospitals, and private entities, cited non-

existent or limited communication capabilities as a

primary obstacle to their response. Emergency plans in

place prior to Hurricane Katrina did not prevent oversights

and confusion in procedures for ensuring functional and

suffi cient communications equipment in the event of a

disaster. A comparison of the VAMC plans for Louisiana,

Mississippi, and Alabama, for example, demonstrates

they are not standardized — some pieces of VAMCs’

communications plans do clearly outline the who, what,

where, and when of keeping communication systems

operating, while other VAMC plans leave many questions

unanswered. Most VAMC and hospital emergency plans,

reviewed by Select Committee staff do not have one

separate section devoted to communications preparation.

The LHA and its hospitals rely on multiple phone

service providers, and all LHA hospitals rely on an

emergency two-way radio such as Hospital Emergency

Area Radio (HEAR) or 800 MHz radio.4 This chapter

describes how VAMC and hospital emergency plans

address emergency communications and equipment,

as well as exactly how such plans and equipment failed

medical responders when they most needed it.

One of the most common and pervasive themes in

the response to Hurricane Katrina has been a systematic

failure of communications at the local, state, and federal

levels — a failure that hindered initiative. The accounts

of New Orleans medical facilities and special needs

shelters are no exception, underscoring how failed

communications with the outside threatened the safety of

medical staff and the lives of their patients. It was diffi cult

to ascertain a clear timeline of communication capabilities

and failures for medical fi rst responders and personnel.

Institutions did not have time to collect information

for hourly or even daily reports of how communication

equipment and systems were working or not. Medical

responders and personnel simply did not have adequate

communications capabilities immediately following the

hurricane. The majority of cell phones were rendered

inoperable because they could not be recharged. Satellite

communications were unreliable, and the distribution of

satellite phones appeared insuffi cient.

Government agencies also encountered problems

with coordination due to red tape and general confusion

over mission assignments, deployments, and command

structure. On a large scale, command structure presented

problems when HHS, the coordinating agency for

Emergency Support Function 8 (ESF-8), and NDMS, the

system that houses most of the resources needed for a

medical response, did not share an understanding of

who controlled NDMS during the emergency. Confusion

resulted when these two entities were operating separately,

albeit with efforts to coordinate with each other. On a

smaller scale, e-mails from fi rst responders and medical

personnel immediately following the storm refl ect

coordination problems. Misunderstandings about

deployment orders and mission assignments resulted

in streams of e-mails expressing uncertainties and

frustrations.

ESF-8 Background

HHS is the “principal agency for protecting the health

of all Americans and providing essential human

services, especially for those who are least able to help

Time is critical given that the majority of hospital and Department of Veterans Affairs Medical Center (VAMC) plans call for evacuation decisions to be made anywhere from 36 to 72 hours in advance of a hurricane’s projected landfall

270 A FAILURE OF INITIATIVE

themselves.”5 As such, HHS plays a role in the emergency

management process. Under the National Response Plan

(NRP), ESF-8 provides for the federal government to

augment state and local resources and assist in response.

Upon activation, ESF-8 “provides the mechanism for

coordinated federal assistance to supplement state,

local, and tribal resources in response to public health

and medical care needs (to include veterinary and/or

animal health issues when appropriate) for potential or

actual Incidents of National Signifi cance and/or during a

developing potential health and medical situation.”6

The Assistant Secretary for Public Health Emergency

Preparedness serves on behalf of the Secretary to

coordinate the HHS preparation for, response to, and

efforts to prevent public health and medical emergencies

or disasters. ESF-8 is tasked with the assessment of public

health and medical needs, including behavioral health,

conducting public health surveillance, and the provision

and deployment of medical care personnel and medical

equipment and supplies.7

As the designated primary agency for ESF-8, HHS is

responsible for:

■ Orchestrating federal support within their functional

area for an affected state;

■ Providing staff for the operations functions at fi xed and

fi eld facilities;

■ Notifying and requesting assistance from support

agencies;

■ Managing mission assignments and coordinating with

support agencies, as well as appropriate state agencies;

■ Working with appropriate private-sector organizations

to maximize use of all available resources;

■ Supporting and keeping other ESFs and organizational

elements informed of ESF operational priorities and

activities;

■ Executing contracts and procuring goods and services as

needed;

■ Ensuring fi nancial and property accountability for ESF

activities;

■ Planning for short-term and long-term incident

management and recovery operations; and

■ Maintaining trained personnel to support interagency

emergency response and support teams.8

While HHS has a number of internal assets to

supplement state, local, and tribal government entities,

the NRP lists a number of additional external assets for

HHS to use in coordinating the federal response. Support

agencies under ESF-8 include DHS (FEMA and NDMS),

DOD, VA, and the Department of Transportation (DOT).

Finding: Deployment of medical personnel was reactive, not proactive

Federalized teams were deployed and provided assistance in several locations after landfall

Thousands of people in the Gulf region were treated

and hundreds of lives were saved due to the services

provided by medical personnel in response to Hurricane

Katrina. However, with few medical personnel teams

pre-positioned prior to landfall, public health offi cials

scrambled to mobilize and deploy personnel teams after

the storm hit the Gulf coast. As a result, medical assistance

in some areas was unnecessarily delayed by hours, even

days. Personnel and supplies are readily available to

decision-makers. With a few exceptions, the deployment

of medical personnel was reactive, not proactive as most

assets were not utilized until after the need was apparent.

Ultimately, public health and medical support services

were effectively but ineffi ciently delivered. Below is a

comprehensive assessment of when and where medical

personnel were deployed in the Gulf coast region to

provide medical treatment and care.

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NDMS

FEMA is home to the NDMS. The mission of NDMS is to

maintain a national capability to deliver quality medical

care to the victims and responders of a domestic disaster.9

NDMS has medical, mortuary, and veterinarian assistance

teams located around the country. These specialized teams

include:

■ 45 Disaster Medical Assistance Teams (DMATs), groups

of professional and paraprofessional medical personnel

capable of providing medical care following disasters;

■ 11 Disaster Mortuary Operational Response Teams

(DMORTs), which consist of private citizens with

specialized training and experience to help in the

recovery, identifi cation and processing of deceased

victims;

■ Four National Medical Response Teams, to deal with

the medical consequences of incidents potentially

involving chemical, biological or nuclear materials;

■ National Pharmacy Response Teams and National

Nurse Response Teams, which include pharmacists

and nurses to assist in mass-dispensing of medications

during disasters along with mass vaccination

campaigns.

■ Five Veterinary Medical Assistance Teams, clinical

veterinarians, pathologists, animal health technicians,

microbiologists and others who assist animal disaster

victims and provide care to search dogs; and

■ Three International Medical Surgical Response Teams,

highly specialized teams, trained and equipped to

establish free standing fi eld surgical facilities anywhere

in the world.10

Fully operational DMATs have the ability to triage

and treat up to 250 patients per day for up to three days

without resupply.11 Within four hours of alert status,

DMATs should be able to fi eld a full 35-person roster.

Within six hours after activation, DMATs should be

deployment ready.12

Before Hurricane Katrina made landfall, NDMS only

staged nine of its 45 DMATs in the Gulf coast region.13

Three DMATs and a Management Support Team were pre-

positioned in each of the following locations: Anniston,

Alabama, Memphis, Tennessee, and Houston, Texas.

According to FEMA offi cials, the Superdome in New

Orleans was the fi rst NDMS assignment because it was

a designated special needs shelter.14 DMAT Oklahoma

1 (OK-1 DMAT) was pre-staged in Houston, Texas on

August 27 in anticipation of the storm. OK-1 DMAT

efforts will be discussed more thoroughly in a later section

of this chapter. In addition to OK-1 DMAT, other teams at

the Superdome included NM-1, CA-6, and RI-1.

WA-1 DMAT from Washington was one of the few

teams activated and deployed prior to landfall. It was

staged in Houston and was poised to move to its mission

assignment post-landfall, which ended up being Louis

Armstrong International Airport in New Orleans (New

Orleans Airport).15

FEMA activated OR-2 DMAT from Oregon on August

30 and immediately began treating patients when the

team arrived at the New Orleans Airport on the afternoon

of September 1.16 As previously mentioned, every DMAT

includes a large cache of medical supplies and equipment.

It is much easier to move personnel than supplies.

Although the OR-2 DMAT’s cache left Portland on August

31, it took almost fi ve days for the three trucks of supplies

to reach the airport.

By August 31, three DMATs, WA-1, CA-4, and TX-4,

had arrived at the

New Orleans Airport,

where evacuated

patients were being

received.17 Eventually,

eight DMATs would

be stationed there to

help provide medical

care during the

patient movement

operations in New Orleans.18 The medical treatment

provided and specifi c actions taken by the DMATs

operating at the airport will be discussed in a later section

of this chapter.

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272 A FAILURE OF INITIATIVE

With Mississippi’s hospital infrastructure decimated

after Hurricane Katrina, nine DMATs and seven DMAT

Strike Teams were sent to the state to provide medical

care and augment the remaining functioning hospitals.19

Mississippi’s State Health Offi cer, Dr. Brian W. Amy,

testifi ed that, “through coordination with the National

Disaster Medical System, we positioned DMAT teams

at every affected hospital and Strike teams at overfl ow

hospitals in the affected areas. Of the 17,649 reported

injuries, DMAT teams treated 15,500 patients in the initial

days after landfall.”20

In general, at most locations DMATs were deployed, the

teams were met with overwhelming demand for patient

assessment and treatment. Many of the teams operated

under extreme fatigue with limited medical supplies,

inadequate amounts of food and water, intermittent

electricity, and no air-conditioning.

DMORTs, teams of private citizens with specialized

training and experience to help in the recovery,

identifi cation and processing of deceased victims, were

sent to the Gulf coast to assist in the recovery process of

dead bodies. A standard DMORT team is comprised of

31 medical and forensic volunteer personnel with specifi c

training in victim identifi cation, mortuary services, and

forensic pathology and anthropology methods. DMORTs

include a combination of medical examiners, coroners,

pathologists, forensic anthropologists, medical records,

fi ngerprint technicians, forensic odentologists, dental

assistants, radiologists, funeral directors, mental health

professionals, and support personnel.21 Fully operational

DMORTs should be able to deploy within 24 hours of

notifi cation.

With only two Portable Morgue Units (PMU) in

NDMS, one was sent to Louisiana and the other to

Mississippi. PMUs are equipped to support DMORT

services when no local morgue facilities are available. Each

is manned by four DMORTs. FEMA did not have enough

DMORTs and was forced to contract for additional

personnel. HHS worked closely with DMORTs and FEMA

by embedding Public Health Service (PHS) personnel in

each team. A PHS senior offi cer and mental health offi cer

were assigned to assist each DMORT.22

On Thursday, September 1, 27 Region II DMORTs

prepared to leave for Anniston, Alabama, a site designated

as the eastern

staging point for the

DMORT response.23

On Monday,

September 5, one

week after landfall,

HHS Assistant

Secretary for Public

Health Emergency

Preparedness Stewart

Simonson requested “ample mobile mortuary services

throughout the affected region.”24 An order for 200

mobile mortuary trucks was issued, with 130 designated

to Louisiana and 70 to be delivered to Mississippi.25 By

the next day, mortuary services were being established

in St. Gabriel, Louisiana with 96 personnel.26 FEMA

and Louisiana collaborated on drafting a body recovery

plan which required the approval of then FEMA Director

Michael Brown and Louisiana’s newly appointed state

medical examiner.27 In Mississippi, mortuary services

were established at the Naval Air Station in Gulfport. By

September 6, one DMORT had set up facilities there.

U.S. Public Health Service Commissioned Corps

The U.S. Public Health Service Commissioned Corps,

one of the seven uniformed services of the United

States, is comprised of highly-trained and mobile health

professionals who carry out programs to promote good

health, understand and prevent disease and injury, assure

safe and effective drugs and medical devices, deliver

health services to federal benefi ciaries, and supply health

expertise in time of war or other national or international

emergencies.

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A FAILURE OF INITIATIVE 273

All Corps offi cers on deployment rosters were notifi ed

by the U.S. Surgeon General’s offi ce via e-mail on

Saturday, August 27 that Hurricane Katrina could be a

catastrophic event creating the need for medical assistance

in the Gulf coast after landfall.28 At the time of the e-mail,

there was “no assessment of what will be needed at this

point, but they will potentially ask the feds for medical,

mental health, and pharmaceutical support, as well as

EHOs, environmental and civil engineers to support the

obvious needs for water, waste water and sewer, as well as

infrastructure problems.”29 Commissioned Corps offi cers

were asked to stand by and prepare for deployment as

public health needs became apparent.

According to a briefi ng with U.S. Surgeon General, Vice

Admiral Richard H. Carmona, PHS had pre-positioned 38

offi cers on Sunday, August 28 in Baton Rouge, Louisiana

and Biloxi, Mississippi.30 It was originally planned for

the PHS offi cers to be stationed in New Orleans, but they

were unable to get there before Hurricane Katrina made

landfall. PHS offi cers were on the ground in New Orleans

by late Monday, August 29.

Carmona suggested coordination with PHS,

FEMA, and NDMS was diffi cult. HHS had trouble

with tracking DMAT mission assignments and with

staffi ng and communication. Despite the assignment

of a Commissioned Corps offi cer liaison to FEMA to

coordinate medical activities, coordination between the

two agencies was lacking.31

PHS helped reestablish a public health infrastructure for

some communities in the Gulf coast region. For example,

when New Orleans Mayor Ray Nagin laid-off a majority of

the city’s public health employees, PHS helped to fi ll the

gaps. “Public health services were never federalized—PHS

just provided a federal presence. But the federal presence

was absolutely stabilizing,” Carmona said.32

By September 9, more than 1,000 PHS Commissioned

Corps offi cers had been deployed to the region in support

of the Hurricane Katrina medical response, making it

the largest response in Corps history. More offi cers were

deployed in response to Katrina than after 9/11 and

the anthrax postal incident in 2001.33 Commissioned

Corps offi cers supplemented several medical response

assignments. They worked side-by-side with the DMATs

at the New Orleans Airport; staffed the Federal Medical

Shelters at several locations in the Gulf coast; assisted

with CDC activities; accompanied SNS assets; and helped

provide mental health services to the affected region.

In general, PHS is a valuable operational asset to HHS

and was a critical component to the medical response to

Hurricane Katrina. However, despite having the capability

to mobilize Commissioned Corps offi cers at anytime, PHS

failed to deploy a signifi cant number of offi cers to the

region prior to landfall.

Centers for Disease Control and Prevention

The CDC is a component of HHS that assists in carrying

out its responsibilities for protecting the health and

safety of all Americans and for providing essential human

services, especially for those people who are least able to

help themselves.34 CDC controls the SNS, large quantities

of medicine and medical supplies to protect the American

public if there is a health emergency severe enough to

cause local supplies to run out.

Before Hurricane Katrina made landfall, CDC activated

the Emergency Operations Center (EOC) on August

25.35 CDC personnel were on the ground in Louisiana

with a Technical Advisory Response Unit (TARU) which

accompanies SNS supplies.36 In anticipation of the need

to provide emergency medical services, 27 pallets37 of

medical supplies were pre-positioned on the ground

prior to landfall.38 On Sunday, August 28, these items

were pulled from SNS with the mission assignment for

some supplies to be delivered to the Superdome in New

Orleans.39 CDC also staffed and readied 12 teams of 20

people each to be deployed once the request from states

for help was received.

CDC was responsible for deploying personnel and SNS

assets, assisting state and local public health authorities

with communicating food and water safety information,

conducting disease surveillance, providing immunizations

to displaced residents, and helping reestablish public

health services in affected areas. Immediately following

the hurricane, CDC’s biggest concern was the risk of

food-borne and water-borne illnesses.40 CDC worked

with the Louisiana Offi ce of Public Health to assess

reports on an outbreak of cholera and partnered with

1,000 PHS Commissioned Corps Offi cers had been deployed to the region in support of the Hurricane Katrina medical response, making it the largest response in Corps history.

274 A FAILURE OF INITIATIVE

the Environmental Protection Agency and local health

departments to assess environmental risks of toxins and

chemicals in the water and air. CDC also worked with

DOD to provide mosquito-control resources in most of

the affected areas. Teams were deployed to both Louisiana

and Mississippi on a mosquito spray mission.

CDC provided access to Infl uenza, Tetanus-Diptheria,

Hepatitis A, and Hepatitis B vaccines to areas that were

lacking them by coordinating the delivery, distribution,

and administration of over three million doses of vaccine,

with one million of the doses obtained from SNS.41 When

New Orleans lost its public health department due to

layoffs, CDC sent over 100 medical personnel to help

reestablish services, conduct surveillance, and improve

communication.42

HHS Credentialed Volunteer Health Professionals

HHS designed a system that assists state and locals in

verifying the credentials of volunteer healthcare workers.

While stimulating the creation of over 900 medical teams,

it also created confusion at the state level. Overall though,

HHS was successful in mobilizing and credentialing

medical professionals who volunteered in the Gulf

coast following Hurricane Katrina. PHS set up a Katrina

database to credential and verify medical professionals.

With the help of

private companies,

such as Kaiser

Permanente, over

3,400 volunteers

were processed

and over 1,000

volunteers were

deployed.43 The

database was

linked to state

databases and a national databank, allowing PHS to use

existing information to help verify credentials. HHS also

established a website (https://volunteer.hhs.gov) and

toll-free number (1-866-KATMEDI) to help identify health

care professionals and relief personnel to assist in Katrina

relief efforts.44

The Medical Reserve Corps has a medical volunteer

database where medical volunteers are pre-credentialed

and can be activated within 24 hours. Carmona oversees

this database as well as the response of the volunteers

HHS calls upon. HHS was able to link its database to

state databases in order to confi rm volunteer credentials.

Both HHS and Carmona stressed the importance of

volunteers linking up with pre-existing rescue teams rather

than acting independently. The Surgeon General’s offi ce

likewise had generated a separate database for people who

wanted to volunteer supplies or equipment.

Setting up a mechanism to allow individual medical

personnel to volunteer was a useful tool initiated

by HHS. The database was such a success that by

September 3, an internal e-mail from HHS indicated

“VOLUNTEERS SHOULD NO LONGER BE REFERRED TO

[email protected], they should be directed

to the https://volunteer.ccrf.hhs.gov/ and instructed to

complete a volunteer application.”45 These credentialed

volunteers heavily supplemented medical services in

the Gulf coast region and were an important part of the

medical response.

Substance Abuse and Mental Health Services Administration

As part of the public health and medical response,

the Substance Abuse and Mental Health Services

Administration (SAMHSA) mobilized personnel to

support state mental health program directors in their

efforts to conduct needs assessments, provide services,

support ongoing administrative operations, access

fi nancial assistance and prepare for long-term assistance.46

SAMHSA deployed Disaster Technical Assistance Center

teams to provide information and supplement state and

local disaster response planning, review disaster plans,

conduct literature reviews, and offer mental health

support services.47 On Wednesday, September 7, SAMHSA

created a “Crisis Hotline” to provide victims with 24

hour access to counseling and mental health resources.48

Additionally, on Tuesday, September 13, HHS Secretary

Micheal O. Leavitt announced $600,000 in emergency

grants to Louisiana, Alabama, Texas, and Mississippi to

ensure mental health assessment and crisis counseling

are available in areas affected by Hurricane Katrina.49 The

states have used the money to support clinical assessments

and provide psychiatric and nursing services, medications,

brief interventions, crisis case management, and short-

term residential support.

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Finding: Poor planning and pre-positioning of medical supplies and equipment led to delays and shortages

Equipment and supplies were in heavy demand

immediately following the hurricane and could not be

quickly replenished by state, local, and federal resources.

As detailed in other sections of this report, most shelters,

hospitals, and fl ooded areas were without electricity and

adequate supplies of potable water and food for days

after Katrina made landfall. With only nominal amounts

of medical supplies pre-positioned by FEMA and HHS, a

great deal of medical provisions had to be supplied after

Katrina made landfall. In areas like New Orleans, it took

days to respond to the catastrophe and deliver medical

supplies to the Superdome and Convention Center.

The delays were a result of poor planning. Obviously,

supplies should be protected during the storm and

staged in safe and secure locations for easy access post-

landfall. Despite being unable to predict the magnitude of

devastation from the storm, more supplies and equipment

should have been pre-positioned and accessible to state

and local offi cials immediately following landfall. Below

is a detailed assessment of the different medical supplies

and equipment that were provided to the Gulf coast in

response to Hurricane Katrina.

States were heavily dependent on CDC/SNS for medical supplies

SNS 12-Hour Push Packages

As previously stated, the SNS is a national repository of

antibiotics, chemical antidotes, antitoxins, life-support

medications, IV administration, airway maintenance

supplies, and medical/surgical items.50 The SNS

has 12-hour Push Packages (Push Packs), caches of

pharmaceuticals, antidotes, and medical supplies designed

to provide response to a public health emergency within

12 hours. CDC estimates that each Push Pack costs $6

million, weighs almost 50 tons, and includes over 100

different kinds of supplies.51 Push Packs are confi gured to

be immediately loaded onto either trucks or commercial

aircraft for the most rapid transportation. A Boeing 747

aircraft or seven tractor trailers are needed to move a

single Push Pack. A TARU accompanies the Push Pack to

coordinate with state and local offi cials and ensure SNS

assets are effi ciently received and distributed upon arrival

at the site.52 TARU is simply a team of technical advisors

to supervise the transfer of Push Pack contents to the

receiving state.

Push Packs can be deployed at the request of a

governor and independently of the NRP. Mississippi was

the only state to request a Push Pack from CDC. The

Push Pack arrived in Mississippi on Friday, September

2, four days after Katrina passed through the state.53 As

Amy testifi ed, “within 12 hours of a call and my offi cial

request, eight tractor-trailers rolled into Mississippi

loaded with medical supplies for affected Mississippi

hospitals.”54 Push Packs were originally designed to

respond to a bioterrorist attack, so they included items

that were not relevant to treating the medical needs of

Katrina evacuees. As a result, some of the Push Pack

materials went unused. For this reason, CDC informed

state and local offi cials they could request supplies and

materials from SNS without requesting a full Push Pack.55

Although Mississippi was the only state to request a Push

Pack, other states still tapped resources and supplies from

SNS. CDC fi gured out a way early on to prevent the waste

of resources and ensure the most appropriate medical

supplies were being allocated and delivered.

Also, CDC began to move towards more focused

deliveries from existing inventories outside of SNS and

acquired materials from private partners, as thousands

of critical supplies were needed.56 The Director for

the Coordinating Offi ce for Terrorism Preparedness

and Emergency Response at CDC, Dr. Richard Besser,

suggested creating Push Packs for major public health

disruptions other than bioterrorism. This could ensure the

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most appropriate medical supplies and equipment arrive

to the affected area fi rst and would also prevent the waste

of supplies that are not relevant to certain public health

emergencies.57

Temporary medical operations staging areas were assembled and utilized

Federal Medical Shelters

Federal Medical Shelters (FMS) were a new component

to the HHS hurricane response introduced following

Katrina’s landfall. These are rapidly deployed, minimal

care medical kits capable of housing, triaging, and holding

displaced patients. Each FMS is a 250-bed emergency

shelter with a pharmaceutical suite, designed to provide

care to patients for three days before the need to re-supply

and re-stock materials.58 An FMS is usually set up in a

large space like an airport hanger or gymnasium with

some provisions supplied by the SNS. FMS facilities are

not designed for comprehensive community care needs;

they are designed to offer last-resort care and support

during situations in which normal, day-to-day operations

are disrupted. FMS were developed to both augment

hospitals and serve as quarantine stations.

Under the orders of

Simonson, FMS began

readying supplies and

personnel on August

27, and one FMS

was sent to Camp

Beauregard, Louisiana

on August 28.59

From there, the FMS

continued on to Louisiana State University (LSU) in Baton

Rouge, and on the evening of Tuesday, August 30, the FMS

at LSU began operations staffed by PHS commissioned

Corps offi cers. FMS were also staged at Fort Polk Army Base

in central Louisiana, Eglin Air Force Base near Pensacola,

Florida, the Naval Air Station in Meridian, Mississippi,

and the Mississippi Air National Guard Station in Jackson,

Mississippi.60 Additionally, the New Orleans Airport was

the site of an FMS and helped provide acute medical care

to evacuated patients from surrounding hospitals and the

Superdome. The National Institutes of Health in Bethesda,

Maryland set up a critical care facility for the sickest patients

evacuated from the Gulf coast region.61

Essentially, these shelters were used to augment

hospitals in the Gulf coast and help with the surge

capacity of Katrina evacuees. Although Simonson thought

the shelters were under-utilized in response to Katrina, he

believed the exercise proved FMS are a valuable asset to

be used in future public health emergencies. Despite this,

only one was pre-positioned while most were readied and

deployed in the days following landfall. Precious time was

wasted because public health offi cials lacked initiative.

Prior to Katrina, FMS was only an idea on paper and

had never been put into practice. The temporary medical

shelters had never been tested in simulated drills or

exercises, so it was initially unclear how FMS would

perform and if their use would be effective.62 Simonson

said he believed HHS held two exercises to test FMS last

year. He did not believe them to have been extensive or

to have simulated disaster-like conditions.63 The tests

were held simply to time setup of facilities and processes.

Despite the opportunity to truly test FMS at two federally

mandated exercises, one in April 2005 and the other held

in 2003, HHS did not seize the opportunity to assess and

evaluate them.64

Expeditionary Medical Support Systems

The Air National Guard also supplied medical personnel

and equipment to the Gulf coast region in response to

Hurricane Katrina. Similar to FMS, Expeditionary Medical

Support System’s (EMEDS) mission is to provide front

line, fi eld hospital care in the event of a catastrophe or

terrorist attack where local facilities are too overwhelmed

to adequately treat patients.65 EMEDS operate and

function like brick and

mortar hospitals and have

operating rooms, dental,

pharmacy and lab services,

intensive care units,

and other facilities and

equipment. These mobile

hospitals have a 25-bed capacity and can be set up and

ready to receive patients within 24 hours.66 Traditionally,

EMEDS are primarily for military personnel but, in

response to Katrina, EMEDS were utilized to provide

medical treatment to thousands of civilian victims.

On Thursday, September 1, the Air Force deployed an

EMEDS to provide medical assistance at the New Orleans

Airport. Upon arrival, the EMEDS team set up and began

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assisting the DMATs who had already established a

make-shift facility.67 At the New Orleans Airport EMEDS

teams helped other government agencies and civilian

medical teams provide treatment and health care to those

individuals transported to the airport. EMEDS teams

also assisted with aeromedical evacuations. According to

Colonel Richard Bachman, who directed the Air Force’s

medical assistance in the Gulf region, “the EMEDS is to

set up rapidly, treat, stabilize, and then air evacuate people

out. It’s a 25-bed hospital, but we took care of 2,500

people in two days, so the number of beds is essentially

irrelevant, because we weren’t holding them and providing

long-term treatment….We never practiced hospital care in

an airport terminal without tents or [having] equipment

being overwhelmed by thousands of patients in the dark

without air conditioning.”68 Despite the unfavorable

conditions, EMEDS and other medical personnel stationed

at the airport completed an enormous patient movement

operation in a very brief window of time.

The Air Guard set up an additional mobile military

hospital at the Convention Center to take the place of

Charity Hospital and provide medical services to military

personnel while other facilities are out of commission.69

The Mississippi Air National Guard established an EMEDS

to augment services of the badly damaged Hancock

County Medical Center 70 The EMEDS was set up in the

parking lot of that medical center and treated 47 patients

before it was demobilized in late September.

State Mobile Hospital Units

As one of the few self-contained mobile hospitals in the

U.S., the Carolina MED-1 mobile hospital was federalized

and deployed to Waveland, Mississippi. Carolina MED-

1 has complete emergency room and operating room

capabilities with 100 hospitals beds and functions exactly

like a brick and mortar hospital.71 It was staffed by a team

of volunteers from the Carolina Medical Center, PHS

offi cers, and other medical volunteers. Waveland was

completely decimated by Katrina and was in desperate

need of medical facilities and personnel to treat residents.

In total, Carolina MED-1 treated almost 5,000 patients

and is considered one of the success stories of the medical

response to Hurricane Katrina. Amy described Carolina

MED-1 as an “invaluable asset to Mississippi’s most hard

hit area in Hancock County.”72

On Friday, September 2, Simonson wrote an e-mail

asking the state of Nevada to transport its mobile medical

facility (NV-1) to the New Orleans Airport.73 He intended

NV-1 to serve as a federalized hospital facility to provide

medical care. Upon arrival at the airport, though, NV-1 was

told its assets were no longer needed and was eventually

directed to Gulfport, Mississippi where it was set up with

support staff from the Nevada Hospital Association, PHS

offi cers, and volunteer health professionals.74 When asked

why he waited until September 2 to order NV-1 to New

Orleans, Simonson recalled there was some confusion as to

whether Mississippi had already requested use of NV-1.75

Simonson said ultimately NV-1 was used in Mississippi

and that it was diffi cult to initially assess where assets were

needed most.76 In total, NV-1 saw almost 500 patients by

the end of September. Both of these mobile hospitals were

considered extremely valuable assets to the public health

response after Hurricane Katrina.

Finding: New Orleans was unprepared to provide evacuations and medical care for its special needs population and dialysis patients and Louisiana offi cials lacked a common defi nition of “special needs”

Defi ning “Special Needs”

New Orleans has the largest special needs population in

Louisiana. But the Louisiana Medical Director and State

Health Offi cer, Dr. Jimmy Guidry, and the Director of the

New Orleans Health Department, Dr. Kevin Stephens,

never offered a clear or consistent defi nition of “special

needs.” According to Guidry, special needs people are

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defi ned as not requiring

hospital care, but not

appropriate for a general

population shelter either.77

Stephens, on the other

hand, indicated the state

has a list outlining what

criteria constitute a special

needs patient. Among the

most important, Stephens

said, a patient with special

needs is someone who

requires intermittent

electricity to sustain life.78

In fact, the list to which

Stephens referred says the

state of Louisiana has one

set of criteria for classifying special needs persons, while

Jefferson Parish has another.79 The state defi nes Category

I special needs persons as “patients who are acutely ill

and need to be admitted to a hospital as a patient during

an emergency evacuation of the area.” Jefferson Parish

classifi es Category I special needs people as “patients who

do not yet need to be admitted, but whose condition

will probably deteriorate during an evacuation.” These

patients are to be taken to a trauma hospital. Aside from

Jefferson Parish having a defi nition of Category I special

needs that differs from the state’s defi nition, confusion

also arises in determining whether Jefferson Parish’s

criteria for Category II special needs people also applies to

Louisiana. Category II is for “patients with limited needs

and assistance who require special needs sheltering during

an emergency evacuation of the area. These will be sent to

non-trauma hospitals.” Again, it is unclear whether this

category is specifi c to Jefferson Parish or if it applies to the

entire state.

Additionally, the Offi ce of Emergency Preparedness

(OEP) Director for Plaquemines Parish, Jesse St. Amant,

was adamant that nursing home patients are considered

“special needs patients.”80 Neither Guidry nor Stephens

concurred, and nursing home patients are not listed

within Louisiana or Jefferson Parish’s special needs

categories.81

Stephens stated New Orleans does not keep a list

to identify special needs persons in advance of an

emergency.82 St. Amant, however, keeps a database of

Plaquemines Parish’s special needs patient population

and interviews each patient about specifi c requirements

for transportation, medications, and other special needs.

He has pre-arranged contracts to address these needs

and operates on an annual budget of approximately

$300,000.83 Stephens said New Orleans uses statistics

from the health care community (such as the number

of patients on dialysis) to reach its estimate that New

Orleans has 1,000 special needs persons. Interestingly,

a September 6 EOC Report indicated the state estimated

dialysis patients alone were greater than this fi gure,

saying the “State projects approximately 1,200 dialysis

patients.”84 Additionally, the emergency coordinator in

Jefferson Parish, which is an adjacent suburb of equivalent

population to New Orleans, said they have a potential of

45,000 special needs patients—41,000 more patients than

the estimate given by Stephens. 85

Sheltering and Evacuating Special Needs Patients

State offi cials from the Governor’s Offi ce, the Department

of Health and Hospitals (DHH), and the Department

of Transportation and Development said all parishes,

New Orleans included, were responsible for managing

special needs evacuations.86 New Orleans designated the

Superdome as a special needs shelter, and Stephens said

New Orleans’ plan focuses on transporting special needs

people from their homes to the Superdome. Special needs

patients were to be collected throughout neighborhoods,

using Rapid Transit Administration buses, and taken to

the Superdome — despite the fact New Orleans does not

keep a list of such patients.87

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Guidry says the state bused 200 special needs people

from the Superdome to LSU hospitals in Baton Rouge

on Sunday before landfall.88 According to state offi cials,

the New Orleans plan never called for the use of school

buses for evacuation, so in their opinion, criticisms

about school buses lined up underwater and unused are

unfair. Additionally, state offi cials say New Orleans never

requested state assistance or buses to help with this effort

(even though Guidry indicated the state did, in fact, assist

in this manner).89

At the federal level, FEMA Deputy Federal Coordinating

Offi cer Scott Wells said he interpreted special needs

to be anyone needing assistance, whether they were

impoverished or medically disabled.90 To his knowledge,

the state and the parishes made no signifi cant attempts

to evacuate special needs persons, although he indicated

there may have been efforts to shelter them. The need to

shelter special needs people in the Superdome showed

the state and city had not taken steps (to which they had

agreed during the Hurricane Pam exercise) to coordinate

the movement and sheltering of these people farther

north, away from the Gulf, Wells said.91 The requirement

for medical evacuations after the storm was an indication

the pre-landfall evacuation was not successful.

Parish offi cials outside New Orleans also described

their efforts to identify and evacuate special needs

patients. According to the Plaquemines Parish sheriff,

before the start of hurricane season, the parish solicits

people to register if they have special needs for

evacuation.92 For Katrina, school buses were used to pick

up and move these special needs registrants to a shelter

in Belle Chasse, Louisiana. According to the Jefferson

Parish emergency management director, their emergency

operations plan also includes provisions for special needs

people. The parish conducts a triage by telephone to

determine which people with special needs require shelter

within a parish hospital. Those who qualify are given a

password for admittance. For Hurricane Katrina, there

were 12,000 such people identifi ed and sheltered.93

Dialysis Patients

Although dialysis patients were part of his defi nition of

special needs persons, Stephens initially acknowledged

the Superdome did not have the personnel, facilities,

or supplies to provide dialysis.94 Nor did it have food

appropriate for diabetics. He said although dialysis

patients were discouraged from going to the Superdome

for this reason, several went anyway. Stephens further

stated dialysis patients were among the fi rst patients

evacuated by helicopter.

In a subsequent meeting, however, Stephens gave

completely different information. He said New Orleans

has an evacuation plan specifi cally designed for dialysis

patients so they know the medical facility to which they

are assigned during an emergency.95 He contradicted

his early statement (dialysis patients were present in the

Superdome) when he told the Select Committee the

city’s evacuation planning worked virtually perfectly,

and no dialysis patients went to the Superdome. To

his knowledge, Stephens said all dialysis patients were

evacuated to their pre-assigned medical facilities. Of

interest, the defi nition of Category II special needs

persons, mentioned above for Jefferson Parish and

possibly the entire state, includes “kidney dialysis”

patients.96

The Superdome

Although Louisiana owns the Superdome, New

Orleans runs it with assistance provided by the state,

the Department of Health and Hospitals, and the

Department of Social Services when needed.97 The city

is also responsible for drafting and

implementing a plan for its use

during an emergency.

Since 1998, New Orleans has

used the Superdome to shelter

citizens with special needs during

hurricanes.98 For Hurricane Isadore

in 2002, supplies were pre-staged,

and the facility was staffed for 400

patients. Despite these preparations,

though, only 27 special needs

patients were identifi ed and treated.

During Hurricane Ivan, in September

2004, the Superdome was again opened as a special

needs shelter and received just 32 patients.99 The small

number of special needs patients at the Superdome during

these two hurricanes gave New Orleans offi cials a false

indication of how many patients to expect for Hurricane

Katrina. As a result, the city was ill-prepared.

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The city’s plans call for the Superdome to house only

special needs patients — not the general public.100 For

Hurricane Katrina, the special needs area was established

in the southeast and southwest quadrant ballrooms,

where some supplies were pre-positioned.101 According

to Superdome and Sports Arena General Manager Glen

Menard, the Superdome’s only “pre-positioned” supplies

were goods leftover from a July event which the city

requested remain in place.102 Menard also said he placed

two refrigerators and power generators in the southeast

and southwest quadrants of the Superdome, which were

designated as the medical care areas.

By the Sunday before landfall, over 400 special needs

patients were evacuated to Baton Rouge using 10 para-

transport vans and three city buses.103 For the 8,000-

10,000 people who remained in the Superdome, there

were federal, state civilian, National Guard, and city

medical personnel to provide care. But this contingent

proved too small to provide care for the multitude of

people who eventually sought refuge there. After the

fl ooding, but before evacuation of the Superdome, it is

estimated 23,000 people were sheltered there.104

As the crowd grew, it became increasingly diffi cult

for the facility to care for special needs patients — the

Superdome only contained enough personnel and

supplies to care for approximately 1,000 people.105

Section 132, next to the Superdome’s First Aid Station,

was used for evacuees in need of general medical

attention.106 With severe overcrowding of evacuees

and fl ooding from roof leaks, the rest of the crowd was

moved to elevated bleachers. Menard said eventually the

special needs patients were further evacuated from the

Superdome to the Sports Arena.

DMAT OK-1 departed from LSU to the Superdome

on the evening of August 29.107 Upon arrival, the

National Guard told DMAT OK-1 it wasn’t needed

inside, redirecting the team to the Sports Arena, which

is attached to the Superdome by two open-air walkways.

DMAT OK-1 fi nally set up operations at the Sports Arena

late that night and began receiving patients the morning

of August 30. The establishment of this DMAT came 36

hours after FEMA reported serious medical problems in

the Superdome, including 400 people with special needs,

45 to 50 patients in need of hospitalization, and the rapid

depletion of supplies.108

Evacuations fi nally began on August 31, and medical

workers prepared records for their patients. In the

end, though, those records were lost in the confusion.

Evacuation of the Superdome concluded on September

3. Six people died in the Superdome—fi ve for medical

reasons and one from suicide.

Convention Center

Similar to the Superdome, the Ernest N. Morial

Convention Center (Convention Center) is the property

of the state of Louisiana. However, the Convention

Center was never intended to serve as a shelter of any

kind — special needs or otherwise — so there were no

medical capabilities in place prior to the storm.109 When

asked by the media about conditions at the Convention

Center, Brown said, “(W)e learned about that (Thursday),

so I have directed that we have all available resources to

get that convention center to make sure that they have

food and water and medical care that they need.”110 The

Convention Center

General Manager

Warren Reuther,

however, does not

recall the provision

of any medical

assistance for the

evacuees at his

facility.111

Reuther is

an appointee of

Governor Kathleen

Babineaux Blanco

and says his

responsibilities are to oversee the Convention Center

and protect its assets.112 Despite the fact the Convention

Center was not intended as a shelter, evacuees seeking dry

land arrived there, and upon fi nding the glass entry doors

locked, broke in. Reuther estimates between 18,000 and

25,000, perhaps even 30,000 people, eventually gathered

at the center.

The Superdome only contained enough personnel and supplies to care for approximately 1,000 people.

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During the storm, Reuther and approximately half

a dozen of his public safety staff remained in place,

attempting in vain to maintain order as evacuees fi lled

almost every area of the building.113 The Convention

Center was quickly overwhelmed, running on reduced

emergency power until all power was lost when fuel ran

out on the night of August 30. Public bathrooms became

overloaded, and problems were compounded by loss

of water pressure. Hallways became the de-facto toilets.

Walk-in refrigerators were emptied on the fl oor, and many

evacuees began bringing their own food and alcohol into

the building. Almost 32,000 chairs were broken or lost,

90,000 square yards of carpeting were destroyed, and

the facility’s infrastructure was damaged. Gunshots were

reportedly heard, and Reuther and his staff were forced to

hide from the crowds.

Evacuations at the Convention Center began Friday,

September 2 and continued until Sunday, September

4. Despite Reuther’s assertion medical assistance never

arrived, a DOD

e-mail indicated

medical teams

were established

and operating at

the Convention

Center on Saturday,

September 3.114

Medical needs were

unclear because of

poor communication

and situational awareness. The number of evacuees

continued to increase at the Convention Center as

evacuations at the Superdome concluded. People left at

the Superdome were directed to the Convention Center,

where they would later be evacuated. Throughout the

ordeal, Reuther saw no deliveries of food, water, or other

supplies. At one point, he called Blanco but received no

answer. He also never saw Nagin throughout the ordeal.115

A Doctor’s First-hand Account

Dr. Gregory Henderson is a Tulane University and

Vanderbilt University School of Medicine graduate. He

lives in New Orleans and is the Associate Chairman of the

Ochsner Clinic Foundation Department of Pathology and

Laboratory Medicine. He was set to begin his new job at

Ochsner on September 1.116

Henderson happened to be attending a physician

leader retreat for Ochsner staff on Friday, August 26 and

Saturday, August 27, at the Ritz-Carlton hotel on Canal

Street when the meeting was cut short because of the

impending landfall of Hurricane Katrina.117 He evacuated

his family to Jackson, Mississippi and chose to stay at the

hotel so he could remain close to their home.

By the morning of Tuesday, August 30, the Ritz-Carlton

was surrounded by three to fi ve feet of water and Canal

Street was fl ooding.118 There was a hotel announcement

that anyone who needed medical care should report to the

hotel’s French Quarter Bar. Fortunately there was another

medical conference involving medical specialists (seven

physicians, a physician’s assistant, and pharmacists)

taking place at the hotel. The impromptu medical team

had already started to organize a list of medicines and

supplies they might need. Looking outside and talking to

the police, he realized looting was occurring outside the

hotel, and it appeared the looters were armed. Henderson,

along with a family practice physician, pharmacist, and

two offi cers from the New Orleans Police Department

(NOPD), waded across Canal Street through waist-high

water to the Walgreens pharmacy across the street. They

were able to break into the pharmacy and began stuffi ng

insulin, drugs, and medical supplies into plastic garbage

bags. There was a confrontation with the looters, who

were held back at gunpoint by the offi cers. Henderson was

able to carry three bags of supplies back to the hotel.

He set up a make-shift clinic at the hotel for the next

24 hours. The majority of the patients were seeking

prescription refi lls, a lot of which he did not have.119

He subsequently opened another “clinic” when NOPD

moved their operational headquarters and command and

control center from the Ritz-Carlton to the Sheraton hotel

across the street.

He was told by NOPD that Tulane, University, and

Charity Hospitals were taking on water and basically

inoperable and was asked by an NOPD captain if he

could stay and take care of several hundred police offi cers

who had set up camp at the Sheraton.120 Henderson

was dispatched with a team of armed offi cers and took

additional supplies, including insulin, from a second

Walgreens pharmacy. Many patients Henderson treated

had “generalized anxiety disorders, not unexpected as

most of the police had lost homes and some had lost

family members and yet still were on the job.” There

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were also many cases of hypertension and diabetes. “I

remember thinking it seems like the majority of the

NOPD were hypertensive and type II diabetic. I took a

lot of blood pressures, listened to a lot of hearts, and

refi lled a lot of beta-blocker, calcium channel blocker,

and diuretic prescriptions. I cleaned and dressed a lot of

superfi cial wounds. I gave a lot of insulin shots,” he said.

Henderson had forgotten to take rubbing alcohol

and used Wild Turkey bourbon to sterilize the injection

sites.121 He also distributed the antibiotic, Cipro, and

treated several skin rashes which were so severe some

police offi cers had to walk around in underwear. He

believed the severe contact dermatitis may have resulted

from exposure to toxins in the water. Katrina Rash, they

began calling it.

In the meantime, police offi cers told him stories of

rapes and murders at the Convention Center, but because

of the lack of communications, they were essentially

unable to do anything about it or even confi rm the

rumors.122 On September 1, under NOPD escort,

Henderson went to his new offi ce at the Ochsner Clinic to

collect additional medical supplies.

On the way back to the Sheraton, he asked an NOPD

captain to drive by the Convention Center.123 There, he

saw “thousands upon thousands of people collected on

the boulevard in front of the convention center. There

were the infants to the elderly in wheelchairs. There were

many elderly lying on sheets and blankets on the median.

There were screaming men, women, and children and

dazed quiet and confused men, women, and children.

Most were African-American, but many were white.” The

NOPD captain was minimally armed and refused to let

Henderson get out of the car, but promised to bring him

back with armed escort.

Henderson, accompanied by Offi cer Mark Mornay,

returned to the Convention Center where he treated

dehydrated infants, mothers, and “hundreds” of elderly

confi ned to wheelchairs.124 One woman in a wheelchair

had deep epidermal ulcerations and two gangrenous toes,

and there was nothing he could do for her. He saw three

children have seizures because they ran out of medication.

He saw and treated a severe asthma attack by only

coaching the child’s breathing. He saw diabetics who had

been without insulin, oral hypo-glycemics, and dialysis for

days. Mornay told Henderson he could not be responsible

for his safety after dark, so they returned to the Sheraton.

Finding: Most hospital and VAMC emergency plans did not offer concrete guidance about if or when evacuations should take place

The South Central VA Health Care Network (VISN 16)

outlines preparedness and response procedures in the

event of a hurricane in its Emergency Management

Program Standard Operating Procedure NO. 10N16-1.125

This section provides the Network Director’s Offi ce, as

well as the Emergency Operating Centers, with much

leeway regarding the assignment of specifi c responsibility

to personnel. Facilities threatened by a hurricane are

instructed to “contact their home healthcare patients,

especially those that are oxygen or ventilator dependent,

and PBHC to determine if they intend to evacuate of

(sic) come to the facility.” Additionally, “Threaten (sic)

HCSs/VAMCs will be required to evaluate all patients and

determine patients that can be moved to other facilities

along with special needs (oxygen/suction/ventilator/IV/

etc.) requirements by either ground or air transportation.”

A VAMC is instructed to have made fi nal evacuation

decisions within 36 to 48 hours prior to landfall.126 The

number of patients evacuated should depend on how

much threat the hurricane poses to the facility. If the VAMC

does decide to evacuate patients, the evacuations should be

completed 24-hours prior to a hurricane’s landfall.

The VAMC Biloxi, Mississippi Emergency Plan

addresses hurricane evacuation protocol more

methodically but still gives confusing directions regarding

if or when the facility should be evacuated in anticipation

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of a hurricane’s landfall. Also absent is specifi c

information about evacuation transportation.

The plan begins by stating, “The basic planning tenet

for hurricanes includes a total evacuation of the Gulfport

Division.”127 The VA health care system is instructed

to work in “close cooperation” with “Alabama and

Mississippi to provide evacuation vehicles and facilities

for use prior to storm strike.”

When a hurricane enters the Gulf of Mexico and/or

is 96 hours or less away from landfall, “the Gulfport

Division will be evacuated entirely.”128 When a hurricane

is within 72 hours of making landfall, the facility is

instructed to prepare for evacuations on short notice.

When a “storm/hurricane enters the Gulfport (sic)

of Mexico and is 48 hours or less away from landfall

at Biloxi/Gulfport,” the plan indicates the VAMC

Director and the VISN 16 Director are to determine

when evacuations will begin. The plan notes, however,

“Evacuation may not be required and is not automatic.”

If the directors do choose to evacuate, all patients must

be moved when the storm is “24 hours or less away from

landfall at Biloxi/Gulfport.”

Chapter I of the VAMC New Orleans Emergency

Management Plan outlines procedures for total evacuation

of patients and staff.129 The plan indicates the evacuation

procedures in this section “will be used for any situation

requiring internal transfer of patients or total evacuation

of patients from the Medical Center,” so while not clearly

stated, it appears this plan should be used in the event of

a hurricane.

VAMC patients and staff are directed to evacuate to

the ground level. While this plan is more detailed than

the VAMC Biloxi plan, it does not account for potential

fl ooding whereby the street exit and the ground fl oor of

the parking garage would be inaccessible.130 In terms of

exactly how to evacuate, the plan states, “Exact evacuation

procedures to be followed will be dictated by the nature

of the disaster and the extent of damage to the Medical

Center buildings.”

If a full-scale evacuation is necessary, the plan says

patients “may be transferred to the VA Medical Center,

Alexandria, LA.131 Transportation of patients to outside

facilities will be accomplished by means of commercially

owned buses, ambulance services, government lease

vehicles or any other means available from outside

sources (i.e., National Guard, City of New Orleans).”

The plan does not include more detailed information

on which services to call upon fi rst or what, if any,

transportation agreements have already been made.

Likewise, there is no indication of which hospitals should

be used in such an emergency if the hospitals in the

immediate surrounding area are not operational.

Chapter III states when a Hurricane Watch is

established, the VAMC Chief of Staff should coordinate

the “relocation of specialty care patients to other facilities

if necessary.”132 Beyond this call for initial coordination

with “other facilities,” there is no outline for when or

specifi cally how to evacuate patients. Additionally, the

plan calls for the evacuation plan from Chapter I be

used in the event of fl ooding. Again, the fi ve previously-

described pages outlining evacuation procedures in

Chapter I do not provide guidance on steps to take in the

event of fl ooding.

The Emergency Management Manual for the Medical

Center of Louisiana at New Orleans (MCLNO) covers

both University and Charity Hospitals.133 The manual

says the Emergency Management Program Coordinator

is responsible for developing, implementing, and

monitoring all aspects of the emergency program. The

manual provides summary information about evacuation

procedures during an emergency, but like the VAMC

plans, does not provide concrete information on whether

facilities should evacuate in anticipation of a hurricane.

The MCLNO plan states if the CEO (or the designee)

so decides, “patients shall be evacuated to an area of safety

by whatever means are available. Formal agreements will

be in place with ambulance services and neighboring

facilities to transfer patients as necessary. All personnel

will be trained in evacuation procedures.”134 The reader

is then directed to reference the Emergency Management

Evacuation Policy, Reference #1026, for LSU’s ambulance

contract, transfer, and vendor agreements. (The Select

Committee was not provided with a copy of the

Emergency Management Evacuation Policy.)

The plan devotes an entire section to evacuation

procedures and provides step-by-step instructions to

specifi c personnel.135 For a total facility evacuation, it says,

“Formal agreements will be made for the following…”

and goes on to list ambulance contract agreements,

transfer agreements, and vendor agreements for special

needs. Decisions regarding the transfer of patients to other

facilities may be made as early as 96 hours in advance of a

potential hurricane. By 72 hours prior to potential landfall,

the plan calls for decisions to be made regarding transfers.

284 A FAILURE OF INITIATIVE

Methodist Hospital uses the Hurricane Preparedness

Plan established by the New Orleans Offi ce of Emergency

Preparedness.136 This plan suggests hospitals may begin

evacuation preparations when there is a slow-moving

Category 3, a Category 4, or a Category 5 hurricane

within 72 hours of landfall (and is predicted to make

landfall within 100 miles of New Orleans). The CEO

or his designee has the authority to call for evacuation.

Actual evacuations may begin up to 60 hours in advance.

At 60 hours, the plan says, “Make arrangements for at

least two fl at-bottom type boats in the event of severe

fl ooding conditions” and to fuel vehicles to capacity. The

announcement of total or partial evacuation is called,

if applicable, no later than 24 hours in advance. The

Director of Facility Services, 12 hours prior to landfall, is

to “ensure emergency vehicles and boats are in position

and ready for immediate use.”

There is also a section of the overall Hurricane

Preparedness Plan devoted entirely to evacuations (The

Hurricane Evacuation Plan) which states, “…evacuation

from the Hospital will be a ‘last resort’ measure and will

be carried out only when a mandatory evacuation is

directed by the appropriate authority, or when a situation

arises which places patients and staff unquestionably

in harm’s way. The threat of a direct strike by a major

hurricane certainly creates such a situation, and

evacuation may be necessary to protect the safety of

patients and attending staff.”137

If evacuation takes place prior to a hurricane,

Methodist has written transfer agreements with two

hospitals outside the major hurricane danger zone.138 This

section provides the contact information for Lifeguard

Transportation Service, Inc. and Acadian Ambulance and

Air Med Services — the two companies with whom the

hospital has written transportation agreements. If these

services are overwhelmed, the plan instructs the hospital

to call the New Orleans Offi ce of Emergency Preparedness.

As illustrated by these plans, hospitals and VAMCs

lacked suffi cient guidance for if and when they should

evacuate their patients in anticipation of a hurricane. They

also did not follow the limited guidance they did have.

Finding: New Orleans hospitals, VAMC, and medical fi rst responders were not adequately prepared for a full evacuation of medical facilities

After New Orleans fl ooded, city medical centers needed

to be evacuated. On September 2, Good Morning America

showed the desperation of people trapped inside hospitals,

reporting on a banner hanging from Charity Hospital that

read, “Stop the lying and get us the hell out of here.”139

Flood waters prevented hospitals from receiving supplies or

personnel, and some private hospitals, such as Methodist,

say medical supplies and fuel tanks being airlifted to them

by their corporate headquarters were being intercepted

by FEMA.140 Many hospital emergency power generators

were located at ground level or lower (often below sea

level) and were subject to fl ooding. To make matters worse,

fuel pumps were often placed at ground level, and fuel

storage tanks (with limited fuel capacity) were frequently

below ground level.141 Three acute care hospitals in the

New Orleans area remained operational, four maintained

some limited function, and 21 were not operational,

closed, or evacuated. In hospitals that lost power like

Methodist, pulmonary ventilator systems and other medical

equipment requiring electricity became inoperable. Patients

requiring ventilators were sustained by hand pumps.142

State and FEMA

urban search and

rescue teams were sent

to help the hospitals

evacuate, but they

were intercepted by

people trapped in the

fl oodwaters and on

rooftops.143 While

Guidry said hospital

evacuations were a

huge logistical success

People were trapped inside hospitals, with a banner hanging from Charity Hospital that read, “Stop the lying and get us the hell out of here.”

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— they evacuated 12,000 patients by Saturday,

September 3 — they did not seem like a huge success

to the many patients awaiting rescue.

Hospital and VAMC Evacuation: Their Stories and Timelines of Events

Evacuations from VAMCs for Hurricane Katrina have

received mostly favorable attention, particularly in

comparison to the evacuation diffi culties encountered by

other New Orleans hospitals and shelters. “We had people

on ventilators, we had liver patients, ambulatory patients,

and every patient that we evacuated from every one of our

facilities made it through this evacuation,” VA Secretary

R. James Nicholson said.144

On Monday, August 29, the VAMC Biloxi domiciliary

patients and nine members of the medical staff were

evacuated to VAMC Tuscaloosa, leaving 904 patients,

staff, and family members sheltered in VAMC Biloxi.145

VAMC Gulfport

patients were

transferred to

other facilities

before the storm

made landfall.

VAMC New

Orleans did not

mass evacuate

prior to the

storm, and during the two days that followed, August 30

and 31, its evacuation plans were activated. Five fi ve-ton

trucks were used in cooperation with DOD’s air transport

staff and HHS to evacuate 98 patients to the New Orleans

Airport on September 1. From there, the patients were

fl own to the Houston, Jackson, and Alexandria VAMCs.

At this time, efforts were also underway to evacuate the

remaining 94 patients and 367 staff and family members

at VAMC New Orleans. By Friday, September 2, all

patients, staff, and family members were evacuated from

VAMC New Orleans.

Donald Smithburg, CEO of LSU Health Sciences

Center/Health Care Services Division, and approximately

20 members of his staff provided a detailed account of the

evacuation of their facilities, Charity Hospital (Charity)

and University Hospital (University).146 Smithburg went

to Baton Rouge to staff the state EOC on the Saturday

before the storm, and on Sunday at 7:00 a.m., he activated

Code Grey but decided against calling for evacuation.

At 5:30 a.m. on Monday morning, University lost

electrical power. Charity followed, losing power at 8:00

a.m.147 Both hospitals began using their emergency

generators just two to three minutes after the power

failures. Charity’s generators and electrical equipment

were located in the basement, and LSU offi cials said they

knew Charity would probably lose emergency power if

severe fl ooding occurred. The waters continued rising

over the course of Monday, and late that night, Charity

lost its emergency generators. Unlike Charity, University’s

emergency generator and electrical equipment were

housed on the second fl oor, considered high enough to

avoid fl ooding and low enough to avoid wind damage.

University lost emergency power anyway, and both

hospitals were left in darkness and without the means to

care for their patients.

On Tuesday, August 30, Louisiana Wildlife and

Fisheries evacuated nine of the 17 Intensive Care Unit

(ICU) patients at University and four from the Charity

campus.148 Evacuation efforts were suspended, however,

due to reports of gunfi re and impending nightfall. On

Wednesday, August 3, at 3:00 a.m., LSU received a request

from the state OEP to prepare a patient roster. Offi cials

were told patients should be triaged to red, yellow, and

green status (red, critical; green, stable), and LSU staff

gathered the necessary information manually. Later that

morning, the state OEP notifi ed them via the HEAR

system to prepare for evacuation, but evacuation aid never

arrived. At 11:00 a.m., Charity was notifi ed its evacuation

was to begin in 30 minutes, but by 4:00 p.m., they were

still awaiting word from the National Guard regarding

potential evacuation. That evening, the hospitals were

notifi ed the water level was too high for evacuation via the

National Guard’s fi ve-ton trucks.

Further complications arose on Thursday, August

31 when LSU was told evacuation orders were on hold

due to rumors of violence and potential harm to rescue

workers.149 An e-mail between HHS employees that

morning confi rms this: “Patient evacuation has been

hampered by security issues on patient movement. It is

unsafe for patient movement to continue without security

provided.”150 LSU was told evacuations would resume

after the arrival of federal troops. Smithburg said the Coast

Guard and National Guard were evacuating people in the

most immediate danger, so LSU was not a top priority.

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Evacuations for

University and

Charity patients

and staff began

on Friday,

September 1

at 8:00 a.m.

and noon,

respectively. The U.S. Coast Guard arrived by helicopter.

Patient evacuations were facilitated by the Coast Guard,

Louisiana and Florida Wildlife and Fisheries, NOPD,

and state police. HHS e-mails that morning also indicate,

“today’s priorities are Charity and University Hospitals.”

A total of 167 patients were evacuated from University

and approximately 200 from Charity.151 LSU indicated

that all of these patients were sent with paper records and

three patients died due to the storm; two were ventilator

patients who died on the roof of the hospital during

evacuations.

Larry Graham, CEO for Pendleton Memorial Methodist

Hospital (Methodist), monitored the storm on his own

and stated he received no calls from the city or state

government.152 On Friday at 5:00 p.m., he believed

the storm would miss New Orleans, but on Saturday,

he realized there was going to be a problem. He began

contacting all hospitals with which Methodist had transfer

agreements, but none would admit patients due to

concerns about how the storm might affect them. All of

Methodist’s agreements are with hospitals in Louisiana

or Mississippi because all patient transport is handled

via ground ambulance. He likewise indicated Methodist

is a “for-profi t” hospital, meaning it does not receive

FEMA funding and is responsible for the costs of airlifting

patients. Even with such funding, however, Graham is not

sure evacuation measures are practical. In anticipation of

Hurricane Ivan, Methodist evacuated over 30 ICU patients

over a total of 45 hours. However by Saturday, August 27,

Methodist did not have time for an evacuation of this scale.

Methodist housed a total of 750 people during

Hurricane Katrina, including 130 patients.153 Twenty-

eight were ICU patients with 12 patients on ventilators,

and 16 were dialysis patients. Chalmette Medical Center

(Chalmette), Methodist’s sister hospital located 12 miles

away, evacuated its six ICU patients to Methodist. The

remaining people at Methodist were staff, family, and

people who had sought shelter in the hospital from the

storm.

Like University and Charity, Methodist’s emergency

generators failed after the storm.154 The generators were

located on the roof, but the fuel pumps had fl ooded.

Graham cut power in all areas that were deemed “not

critical,” and they hand-ventilated patients requiring

oxygen. The next day, they began hand-carrying fuel to the

generators. Chalmette’s generators were located on ground

level. At the time, however, Tim Coffey, the then CEO of

Chalmette, believed the facility was sound.

On Sunday, August 28, ambulances were supposed to

be en route to the hospital, but Graham said they were

commandeered by government offi cials.155 Methodist’s

parent company, Universal Health Services, Inc. (UHS),

located in King of Prussia, Pennsylvania, was sending the

hospital supplies, including fuel and water, via helicopter.

The supplies never arrived because, as Methodist and UHS

believe, FEMA intercepted the cargo. Army offi cers and

FEMA offi cials arrived on Tuesday, and Graham informed

them he needed assistance with evacuations. The offi cials

assured him they would return but never did. Throughout

the ordeal, Methodist had the assistance of 12 National

Guardsmen as well as police forces that stayed for security

reasons. Post-Katrina evacuations started taking place

on Wednesday, August 31 because Methodist’s corporate

offi ce contracted with private companies. The diffi culties

the hospital encountered were still enormous, though, as

a September 2 e-mail from a Methodist doctor to HHS

staff indicates:

“Contrary to what has been reported on the news,

Methodist Hospital, including Albert and Maxine

Barrocas have not been evacuated, and the details are

grisly. FEMA has been intercepting supplies sent to

the hospital, and patient and staff evacuations have

essentially ceased.

If anyone can help bring attention to this problem,

please help us. Below are some facts related to us

by the staff at the hospital during one of the few

occasions we have been able to talk to them.

■ 600 People in hospital

■ 13 patients on gurneys

■ Staff is dehydrating

■ FEMA is DIVERTING support being sent in by

UHS (owners of hospital) away from the hospital

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■ Temperature is 110 degrees with humidity

■ NO fuel left to operate th!!e hospital tower (sic)

■ NO communication with National Guard to

coordinate evacuation of patients

■ Having to feed 500+ non-patient refugees — they

are very close to rioting for the balance of food water

and supplies

■ NO power, NO communication

■ Everything is manual — no xray — running out of

supplies

■ Patients are on the 2nd fl oor and 3rd fl oor —

having to carry patients up the stairs and helicopters

didn’t come back

■ Without power, the ventilator dependant patients

are being manually bagged in 1 hour shifts by staff

■ Refusing to take gurney patients

■ FEMA is commandeering all supplies and all

private efforts to get supplies including fuel, food,

water

■ Governor is misrepresenting what is going on

■ Snakes in hospital

■ Rashes on staff from water

■ Losing nurses as result of dehydration

■ Need FEMA to land on roof and prove what they

are saying is correct

■ No security—uprising for f!!ood, water and

supplies (sic)

■ Governor did not allow for the evacuation of

hospitals and now won’t help

■ Uprising of refugees”156

Graham said the evacuations at Methodist were

completed late on Friday, September 2.157 He also stressed

that mid-way through the evacuation, he learned patients

who were triaged to the New Orleans Airport were not

receiving adequate care. He began withholding patients

who were supposed to be taken to the airport because

Methodist was in a position to provide them with better

care. He cited this as a primary “critical issue” — the

evacuation of patients to locations unable to provide

medical care. Coffey added that Chalmette doctors who

went to the New Orleans Airport to offer their services

were turned away by DMATs who said they were not

credentialed in the NDMS physician database.

On September 20, an offi cial from Tenet Healthcare

(Tenet), Memorial Hospital’s (Memorial) parent

company, told CNN the National Guard evacuated some

patients from Memorial before the fl ooding began on

Tuesday, August 30.158 The next morning, Wednesday,

Tenet reported to CNN that it asked New Orleans

local authorities for assistance in evacuating critically

ill patients but was told it would have to hire private

companies. Later that day, Tenet says local authorities

and good samaritans provided limited assistance with

evacuations by boat. On Thursday, helicopters hired by

Tenet airlifted approximately 400 patients, employees,

and evacuees from Memorial to another Tenet-owned

hospital in Slidell, Louisiana. Tenet indicated fl ights

were suspended overnight after reports of sniper fi re, but

evacuations resumed, and were completed, by the end of

the day on Friday, September 2.

Louis Armstrong International Airport

The medical operation at the New Orleans Airport was chaotic due to lack of planning, preparedness, and resources

After patients were

evacuated from medical

facilities, most were

taken to the New

Orleans Airport, which

served as a hospital for

the sick, a refuge for

thousands, and the hub

of medical evacuations

and airlifts.159 There

were two separate

missions at the airport.

The fi rst was attending

to the medial needs of

evacuees and the second

was processing evacuees

not needing medical

attention. According to

OR-2 DMAT, evacuees

who needed medical

treatment were triaged,

treated, and prepared

for transports. People

not requiring medical AP P

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care were processed and prepared for transport to shelters

in other states by commercial aircraft. In total, over

21,000 displaced persons not requiring medical care were

evacuated.

“Overnight, we turned New Orleans’ airport into the

busiest helicopter base in the entire world. At any given

time, there were at least eight to 10 helos off-loading on

the tarmac, each fi lled with 10 to 40 survivors at a time,

with 10 circling to land . . . It was a non-stop, never-

ending, 24-hour-a-day operation,” said Dr. Hemant

Vankawala, a member of the Dallas DMAT deployed to the

New Orleans Airport.160

Medical patients

arrived by truck,

bus, ambulance, and

helicopter with little

or no information

or records about

their conditions.

The medical

personnel at the

New Orleans Airport

were challenged by

the sheer number

of patients and the lack of information about patient

medical histories. By August 31, three DMATs had arrived

at the airport.161 Eventually, eight DMATs would be

stationed at the New Orleans Airport to help provide care

during patient movement operations in New Orleans.162

The Air Force also deployed an EMEDS team, on Thursday,

September 1, to augment the medical assistance operation

in place at the airport.163 These EMEDS teams also assisted

with aeromedical evacuations.

An OR-2 DMAT after-action report described medical

facilities established in the upper and lower levels of

the west terminal of the airport.164 These facilities were

supplied and staffed by DMATs and PHS offi cers. The

fl ow of patients was constant, and it is estimated the

entire medical operation at the New Orleans Airport

treated approximately 3,000 patients who were eventually

evacuated by military aircraft to other facilities. Some

DMATs believe the number was much greater — as high as

6,000 to 8,000 patients.165

Despite the treatment and evacuation of thousands, the

medical operation at the New Orleans Airport was chaotic

due to lack of planning, preparedness, and resources.

FEMA offi cials did not conduct an adequate assessment

of the situation before deploying DMATs. Upon arrival,

many teams were confused about where to place assets

and how to integrate into the existing operation. Many

DMATs arrived before their cache of supplies, limiting

their ability to do their work. According to Vankawala,

medical personnel were operating with a limited amount

of supplies and a generator with only partial power. “All

we could do was provide the barest amount of comfort

care. We watched many, many people die. We practiced

medical triage at its most basic — black tagging the sickest

people and culling them from the masses so that they

could die in a separate area,” Vankawala said.166

TX-1 and TX-4 DMATs, which were among the fi rst

to arrive, had equipment that was not updated and

could not link together other critical equipment, such as

ventilators.167 Similarly, one team member from OR-2

DMAT observed “fi ve different models/brands of glucose

monitors, all using their own proprietary test strips that

weren’t interchangeable. The CA-4 cache, which was

current, arrived later and supplemented these caches.”168

OR-2 DMAT reached the conclusion that, “there

didn’t appear to be a clear plan for dealing with the

approximately 25,000 evacuees who arrived at the airport.

“We practiced medical triage at its most basic — black tagging the sickest people and culling them from the masses so that they could die in a separate area,” Vankawala said.

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There was insuffi cient food, water, and sanitation.”169

One team member said evacuees were being taken from

a dehumanizing experience (fl ooding and rescue) and

placed into an equally dehumanizing environment at the

New Orleans Airport.

Finding: The government did not effectively coordinate private air transport capabilities for the evacuation of medical patients

The Association of Air Medical Services (AAMS),

comprised of 300 mostly private air transportation

providers, represents 85 percent of all hospital transport

capabilities.170 In coordination with the Center for

Transportation Injury Research, AAMS has a database

called the Atlas and Database of Air Medical Services

(ADAMS)— a web-based, interactive database listing these

air medical services (rotary and fi xed wing aircraft) and

receiving hospitals. The database is updated annually,

funded by the Federal Highway Administration, and

receives technical support from the National Highway

Traffi c Safety Administration. In response to Hurricane

Katrina, there was only one governmental request for

access to ADAMS.171

Nevertheless, AAMS companies provided support

for medical evacuations of both hospitals and nursing

homes in Hurricane Katrina’s aftermath. They were not

used for pre-landfall evacuations and provided most of

their resources without offi cial contracts with hospitals.172

Authorities were slow to establish a system for fi ltering

evacuation requests. Confusion and indecision about

evacuations led to delays.

AAMS said FEMA did not help their efforts.173 On

the morning of August 30, FEMA tasked Carla Brawley,

a Department of Transportation contractor, to fi nd

and secure air medical resources.174 Brawley contacted

Acadian Air Ambulance (Acadian) fl ight coordinator, Mike

Sonnier, to request resources. Acadian is the largest air

ambulance provider in Louisiana. An AAMS after-action

report stated,

“According to Mr. Sonnier, sometime later that

morning the National Guard Air Boss (name

unknown) contacted Mr. Sonnier at Acadian and

tasked him to serve as his civilian equivalent. Mr.

Sonnier and Acadian air ambulance was then

tasked with coordinating missions into and out

of New Orleans airspace, coordinating requests

for air evacuations from many of the New Orleans

area hospitals, and also serving as the main contact

between civilian providers and the lone FAA

contracting offi cer that was tasked for this job by

the Department of Transportation for FEMA.”

By the end of the day, approximately 50 medical

helicopters and 13 fi xed-wing aircraft were in New

Orleans.175 While the fi rst air evacuation took fi ve hours,

coordinators were in place to expedite the process on

Wednesday. Over the next 96 hours, approximately 2,000

air medical evacuations were coordinated through AAMS

members.176 Acadian estimates it was responsible for 800

of these evacuations.177 AAMS members accomplished

these evacuations despite diffi culties in communication

and coordination. Poor use of assets and lack of

coordination prevented additional evacuations. AAMS

estimates it could have been able to move up to 7,000

patients if a better system had been in place.178 “The fi rst

72 hours was chaos,” said one AAMS member.179

The majority of requests came directly from hospitals,

such as Tulane University Hospital and Charity Hospital,

because they were not receiving help through the

Emergency Management Assistance Compact (EMAC).180

On August 29, Hospital Corporation of America Division

President Dave Smith requested AirHeart Air Ambulance

of Sacred Heart Health System help with evacuations of

Tulane. Smith said fuel for the generators was running low

and fl oodwaters were approaching the facility.181

The following morning, Tuesday, Tulane University

Hospital requested assistance with transporting “two

specialty pediatric patients” from New Orleans to Little

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Rock, Arkansas.182 The Arkansas Children’s Hospital and

its affi liate, Angel One Transport, responded along with

other children’s hospitals.183 Fixed wing aircraft were

provided by two hospitals in Texas: Texas Children’s

Hospital in Houston and Cook Children’s Hospital in

Fort Worth, and Mercy Children’s Hospital in Kansas

City, Missouri. Additionally, Miami Children’s Hospital

provided a helicopter to assist with the evacuation of “13

critically ill PICU (Pediatric Intensive Care Unit) patients

and family members.” Tulane also directly contacted

Florida-based Air Methods Lifenet Division that same day

for evacuation assistance. In addition to these requests,

personal networking also proved valuable in the absence

of formal agreements. On August 31, a doctor who lived

in Hawaii and had attended Tulane University, contacted

a colleague at Tulane University Hospital. Together, these

two doctors coordinated the assistance of Hawaii Air

Ambulance. AAMS donated helipad coordinators to aid in

effi ciency and were able to evacuate 200 patients by noon

on Friday, September 2.184

Compared to New Orleans, AAMS involvement in

Mississippi was markedly different. Air Methods Lifenet

Division summarized their experience in Mississippi

by saying, “During the entire Katrina experience in

Mississippi, there was no federal command and control or

coordination of resources across the whole area. Attempts

to coordinate with FEMA rescue operation center in

Jackson, Mississippi were rebuffed by federal offi cials there

who stated clearly that all air evacuations in Mississippi,

medical and USAR, had been federalized. And that no

civilian medical aircraft were needed.”185

John Dickerson, the FEMA EOC representative in

Mississippi, declined offers from one AAMS agency to

provide 25 helicopters to Mississippi. The Mississippi

EOC had requested support, through EMAC, from Florida

air transport agencies.186 Johnny Delgado, program

manager of Baptist Health South Florida, Baptist Health

Air Transport, and a Board Member of AAMS, had a crew

and was ready to fulfi ll the request. They were en route

to Gulfport, the meeting point for air medical evacuation

support agencies, but were turned back. Dickerson told

them because the response was now federal, private

agencies are not allowed to assist. However, a different

AAMS company dealt with the Mississippi EOC directly

and was able to provide support to the state.187

Finding: Hospital and VAMC emergency plans did not adequately prepare for communication needs

The Biloxi, Mississippi VAMC Emergency Plan states when

a hurricane is in the Gulf of Mexico and is 24 hours or less

away from landfall, the Facilities Management Services

(FMS) “will distribute emergency communications

equipment. The facility’s HF/VHF radios will be ready to

be set up in the Director’s Conference Room.”188 This part

of the emergency plan does not, however, indicate which

FMS team member is responsible for the distribution,

including what specifi c equipment is to be distributed

and to whom. Instead, the plan says FMS should develop

its own Service Supplemental Hurricane Plan (SSHP) to

address these issues.

The SSHP lists communication preparations and

available equipment.189 In addition to providing

emergency communications equipment, the FMS is

responsible for ensuring there are adequate linens, the

Recreation Hall is set up as an employee shelter, and

evacuation services are in place. VAMC Biloxi says its FMS

team typically includes four to six people (two or three

craftsman and two or three housekeepers) to handle this

wide range of operations.190

The plan also lists the VAMC’s communications

capabilities but does not mention satellite phones

discussed previously in the SSHP. It relies “primarily upon

the use of telephones” and focuses on a telephone system

designed exclusively for internal communications.191

Two-way radios are designated for specifi c personnel,

but the plan recognizes limits to radio capabilities,

stating, “The limited number of radios and single voice

transmission, however, combine to impose several

restrictions.” The radios are intended as back-up to the

inter-offi ce telephone system. The VAMC plan relies on

landline telephones and the Hospital Emergency Area

Radio (HEAR) Network System to communicate with the

Emergency Medical Services (EMS) and outside world.

The VAMC New Orleans Emergency Management

Plan also depends on the HEAR Network System for

communication with area hospitals and ambulances.192

The Chief of Police Services is to maintain a “pool”

of Motorola radios, the exact number of which is

not specifi ed but will be used upon activation of the

A FAILURE OF INITIATIVE 291

emergency plan. Radios should be distributed to 11 staff

members, all of whom are designated in the plan. The

plan also indicates radios will operate for about eight

hours before needing to be charged and provides the

frequency at which these radios operate. The failure

response section does not mention potential power

failures, and in turn, the inability to recharge the radios.

Additionally, no section of the plan addresses when the

two-way radios should be distributed in preparation

for the storm. In fact, the Hurricane section of the

plan fails to mention radios or refer the reader to the

communications chapter.

The Veterans Health Information Systems and

Technology Architecture (VISTA) Contingency Plan

cites hurricanes as a “high probability” threat.193 A

telecommunications contingency plan included within

the VISTA plan lists responsibilities and procedures

for personnel in charge of communications during a

telephone system failure. This plan indicates hand-held

radios and/or cell phones will be used if landlines do not

work and details who distributes the radios as well as who

or what areas receives them. A total of 26 areas within

VMAC New Orleans are to be provided with two-way

radios (one radio per area), but there is no indication

of how these radios should stay charged in the event

power is lost. Additionally, “a cache of cellular phones are

maintained by CIM Service Line Director . . . . ” The exact

number is not specifi ed, but the plan states eight areas are

“designated as fi rst priority to receive cellular telephones.”

As with the two-way radios, there is no planning for how

to keep these cellular phones charged in the event that

power is lost.

Charity and University use the Emergency Management

Manual for the Medical Center of Louisiana at New

Orleans.194 The hospitals depend on two-way radios,

cell phones, HEAR Radio, HRSO Radio, 800MZ

Radio, and HAM Radio links for internal and external

communications backup.

Methodist’s Disaster and Emergency Preparedness

Plan charges the Hurricane Preparedness Control

Center with establishing and maintaining emergency

communications.195 The control center is assigned

special telephone extensions as well as backup telephone

numbers in case landlines fail. HEAR radio equipment,

including the backup system, should be tested when

a storm is more than 72 hours away. At 72 hours, the

director of Facility Services is to designate the radio

operator’s availability and “ensure operator adequately

(sic) trained.” At 60 hours before landfall, battery supplies

are checked. When the storm is 24 hours from landfall,

the director of Facility Services provides the maintenance

supervisor with a two-way radio unit. When the storm

is 12 hours away, the director of Facility Services should

“position emergency equipment supplies and prepare for

immediate operations” and conduct a “fi nal check of the

emergency power system.” He or she is also supposed to

ensure the radio operator is on duty and has contact on

the HEAR system.

Methodist’s plan takes into account the potential

for fl ooding as a result of a Category 3, Category 4, or

Category 5 hurricane stating, “Flooding conditions to some

extent can almost certainly be expected to accompany a

hurricane.196 Several recent studies and surveys by hurricane

forecasting experts indicate that the entire New Orleans

area is extremely vulnerable to “catastrophic fl ooding”

as a result of a major storm.” If fl ooding is predicted or

reported, the CEO is instructed to shut down telephone

communications equipment and reassign communications

attendants to the Control Center.197 As such, all

communications would obviously be lost.

These hospital and VAMC emergency plans lack a

clear communications section, often leaving unanswered

questions about what communications capabilities are

in place, who is responsible for the equipment, and how

to respond if power is lost. As a result, Gulf coast medical

facilities were left without appropriate equipment or a

proper understanding of how to implement an effective

emergency communications plan.

Finding: Following Hurricane Katrina, the inability of VAMC New Orleans and hospitals to communicate impeded their ability to ask for help

Hospital executives said in Katrina’s aftermath, hospital

emergency area radio HEAR systems simply did not

work.198 Cell phones worked occasionally and allowed

them to get in touch with the Louisiana Hospital

Association, which in turn contacted the OEP on

their behalf. The primary source of information was

292 A FAILURE OF INITIATIVE

television.199 In an interview with CNN on September 30,

Dr. Albert Barrocas, a physician at Methodist, said, “We

were trapped, communications was a big issue. The fact

that we could not bring family and patients together, a lot

of them were separated. The majority were separated. We

did not even know where these people were going to.”200

The Director of VA Veterans Integrated Service Network

16 (VISN 16), Robert Lynch, tells a similar story. “There

was no plan in Biloxi and New Orleans. Hard-working

people did a lot of workarounds with a lot of creativity.

We’re going to learn from that,” he said.201 VISN 16

lost communications through its telephone landlines,

operated by Sprint, during the storm. Lynch indicated

that satellite phones worked sporadically and only when

outside. In Biloxi, reports indicate only one cellular

tower remained, and cell phone users could only make

calls — not receive them. The VA worked around the

communication failures by establishing a schedule for

employees to be outside with satellite phones.202

Smithburg said that on Sunday at 7:00 a.m., the

hospital set up an incident command center in its board

room for communications.203 The following day, the

hospital went to Code Grey, and HAM operators arrived

at the hospital. LSU had a point of contact at the OEP,

but after the storm, LSU couldn’t receive information

from the OEP or FEMA. On Monday, August 29,

Smithburg reported that Nextel and cell phone service

were temporarily lost on the University campus, and text

messaging was “intermittent.”

Smithburg cited inadequate Health Resources and

Services Administration grant funding as the primary

reason for communication failure and said the LHA

receives the federal grant money and allots it to Louisiana

hospitals.204 While the grants were helpful for supplying

Motorola phones and a HAM network, he believes

the funding for LSU was disproportionately small in

comparison to its needs and patient load.

In the days following Hurricane Katrina, Gulf coast

hospitals and VAMCs were responsible for hundreds

of patients, some of whom were in critical condition.

Without necessary communications capabilities, these

facilities were almost completely isolated from fi rst

responders and the outside world. Incapacitated and

without supplies, many struggled to provide care and keep

patients alive until help arrived.

Finding: Medical responders did not have adequate communications equipment or operability

Inadequate communications and situational awareness among and within federal agencies contributed to a diminished understanding of the health needs of affected populations

On October 20, Stephens told the Associated Press,

“Anything that could go wrong in communications went

wrong.”205 Interviews with health offi cials and countless e-

mails from ESF-8 agency personnel support his statement.

Immediately following Hurricane Katrina, cell phones

and landlines were not working, blackberries were not

dependable (and in some cases, unavailable), and satellite

telephone capabilities were not suffi cient.

In preparation for Hurricane Katrina, Stephens oversaw

the placement of an incident command trailer inside the

Superdome.206 Immediately following the storm, he said

landlines, the only mode of communication for his team,

worked just fi ve to 10 percent of the time. By Wednesday,

cell phones began working intermittently but not enough

to meet their communication needs, and despite his

initial preparations, Stephens said these communication

failures “weren’t anticipated at all.”

Colonel Kenneth K. Knight, Chief of the Air Force

Medical Operations Center presented a timeline that

showed similar diffi culties — its communication systems

were inoperable until September 1.207 On this date, the

Air Force medical response timeline says there were, “Few

working landlines and cell phone success [was] spotty.” It

was not until four days after the storm, on September 2,

the “cell phone network [was] improving.”

Likewise, Colonel Falk, an Air National Guard Surgeon,

cited communications as the number one area needing

Hospital executives said in Katrina’s aftermath, hospital emergency area radio system (HEAR) simply did not work.

A FAILURE OF INITIATIVE 293

improvement.208 Both the Air National Guard and Army

National Guard experienced almost a total failure in

communications. The Army satellite system was not

working, and personal cell phones (service provided by

Verizon) were the only means of contact. Likewise, the

National Guard Bureau’s “After Action Review” indicates

communication failures adversely affected situational

awareness. It states, “Lack of situational awareness was

caused largely by the loss of communications. The lack

of communications and diffi culties with interoperability

of equipment between forces as well as between the

military and civilian leadership also hampered the rapid

generation of EMAC requests. Poor communications also

resulted in a lack of visibility of available assets in nearby

states.”209

National Guard Bureau Chief Lieutenant General

Steven Blum indicated many guardsmen were equipped

with outdated radios, and it was impossible for them to

communicate with the Army’s 82nd Airborne Division

and 1st Calvary Division. “You don’t want two units

operating in the same area, doing the same function, that

can’t coordinate their efforts because they don’t have the

communications equipment,” Blum said.210

The Deputy Assistant Secretary of HHS, Offi ce of

Public Health Emergency Preparedness, Dr. Robert Blitzer,

said communications were initially a big problem.211

The command center used land lines and cell phones,

and Blitzer also ordered a mobile communications

center, which was deployed from Washington, D.C.

to Atlanta and then to Baton Rouge. Blitzer had not

needed to deploy the mobile communications center

for the previous four hurricanes that hit Florida. HHS

Principal Deputy Assistant Secretary for Public Health and

Emergency Preparedness, Dr. Gerald Parker, knew of just

one satellite phone, located on the command bus, and

said all SERT leaders “probably” had one.212 Simonson

said he thought there were two satellite phones per SERT,

but for every satellite phone call that was successful, there

were probably six failed attempts.213

Communication failures also affected NDMS. NDMS

Chief Jack Beall said not only did his staff not have

enough equipment, the operability of the equipment

they had was “in and out.”214 Satellite phones worked

only when trucks containing the satellite equipment were

pointing in the right direction. But as Beall said, “When

you have people dying, there’s no time to mess with

satellite phones.” Overall, his Nextel cell phone was his

best option for communicating, but when he or his staff

worked in the Superdome, it was “total blackout.” Efforts

to remedy this problem began on September 3, with

NDMS working to reach agreements with private cellular

companies for the provision of “communications on

wheels.”215

OR-2 DMAT also cited communications as a key

obstacle — particularly the operability of cell phones

and interoperability of radios inside the New Orleans

Airport.216 “There is an over reliance on cellular phones

for communications. The cellular infrastructure was

severely damaged during Katrina and cell phone service

was initially unavailable . . . . ,” OR-2 DMAT reported.

Radios also proved insuffi cient — the JT-1000 radios

provided for the team could not contact radios in

distant areas of the airport. Similarly, the team had no

communication with security personnel via radio until the

Forest Service provided Bendex King radios.

The breakdowns in communication experienced

by government offi cials are illustrated in ESF-8 agency

personnel e-mails. These e-mails show correspondence

was almost non-existent until August 31, and diffi culties

sending and receiving messages persisted well into the

fi rst week of September. On August 31, a SERT member

e-mailed the EOC and said, “My BB doesn’t work at all, any

communications with me will have to be through cell.”217

In Mississippi, a September 3 e-mail from the Gulfport

Field Command Center indicates, “No phones or power as

of now. Cells sometimes, Nextel service best. T-mobile not

good for BBs at this area but do work other locations.”218

On September 5, a week after the storm, e-mails indicate

that communications had not signifi cantly improved. A

CDC employee wrote the EOC saying, “Our folks in the

fi eld only have access to blackberry now. (The phone lines

are going in and out and faxes are very diffi cult to send).”219

Much attention has been paid to lack of operability

and the inability of fi rst responders to connect with

each other through the equipment they had. Some

responders, however, were having diffi culties just getting

the equipment itself. A SERT team member on her way

to Baton Rouge e-mailed HHS offi cials on September 5

saying she needed a cell phone and blackberry. A response

from an HHS offi cial states, “We do not issue Blackberry’s

to individuals for deployments (and we don’t have any

anyway), we have also exhausted our total cache of

phones, so we have absolutely nothing to issue. If things

294 A FAILURE OF INITIATIVE

change, I will advise you.”220 Likewise, the OR-2 DMAT

report says there were an insuffi cient number of Motorola

JF-1000 radios for their convoy, and other teams who did

not have access to radios at all “encountered safety-related

issues due to a lack of communications.” The radios and

satellite phones inside the FEMA trucks were also of no

use to DMAT teams, as they had not been programmed.221

From lack of equipment, to inoperability, to failure

to program satellite phones, communications proved to

be one of the greatest obstacles to the Hurricane Katrina

medical response. Critical time was wasted. And energy

that should have been spent treating patients was instead

spent on repeated, and often times unsuccessful, attempts

to communicate.

Finding: Evacuation decisions for New Orleans nursing homes were subjective and, in one case, led to preventable deaths

“We see where there are gaping holes in our system. It

has become clear that no one was evaluating these plans

in any real sense. The system provides no check and

balance.”

—Louisiana State Representative Nita Hutter222

Like its hospitals, Louisiana’s nursing homes (all privately

owned, with the exception of two) are responsible for

having their own evacuation plans.223 These plans are

required to be updated annually, and before the start

of hurricane season each year, DHH sends a reminder

letter. DHH also checks to ensure every Louisiana nursing

home submits a plan; however, media reports indicate

DHH cited only one nursing home in the past year for

submitting an inadequate plan.224

Most plans encourage patients’ families to help with

evacuations, and several southeast Louisiana nursing

homes have agreements with nursing homes in northern

Louisiana for the transfer of residents after evacuations.225

The statewide occupancy of Louisiana nursing homes

is roughly 70 percent, which allows evacuated nursing

homes to fi nd bed space elsewhere. Before Hurricane

Katrina’s landfall, 19 nursing homes evacuated their

residents. After the fl ooding in New Orleans, an additional

32 nursing homes evacuated. One nursing home, Saint

Rita’s, did not evacuate at all, and 35 residents died.

Overall, it is estimated that 215 people died in New

Orleans nursing homes and hospitals as a result of Katrina

and failed evacuations.226

Three Louisiana Nursing Homes

Michael Ford is CEO and owner of three nursing homes

in the New Orleans area — Riverbend Nursing and

Rehabilitation Center (Riverbend), located in Plaquemines

Parish, Metairie Health Care Center (Metairie), located in

Jefferson Parish, and Waldon Health Care Center (Waldon),

also located in Jefferson Parish.227 Combined, these nursing

homes house close to 360 patients. Ford is also the Vice

President of the New Orleans region of the Louisiana

Nursing Home Association (LNHA) and is a member

of the Plaquemines OEP. According to Ford, all nursing

homes’ emergency plans must be approved by the state.

Riverbend’s emergency plan calls for the establishment of

a pre-determined evacuation site, usually in a church gym

in Kentwood, Louisiana, for both staff and patients. Ford

has evacuated his nursing home patients once before, in

anticipation of Hurricane Ivan, using an 18-wheel fl at bed

trailer equipped with air conditioning and a generator. The

experience was trying, with the patients sitting “on a bus for

eight hours to go one hundred miles,” but he also says it

gave him and his staff experience for Hurricane Katrina.

Ford received notice of the mandatory evacuation

for Plaquemines Parish on the Saturday before Katrina

made landfall. Jesse St. Amant, the OEP Director for

Plaquemines Parish, declared the evacuation at 9:00 a.m.

on August 27 and said, “If they don’t leave, I tell ‘em

they’re going to die in place.”228 Despite the diffi culties

moving patients for Hurricane Ivan, Ford listened to St.

Amant and evacuated his nursing home in Plaquemines.

Evacuation of Riverbend to the church in Kentwood was

assisted by approximately 25 church volunteers, who

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moved patients by carrying them on mattresses. Ford

eventually relocated all but 50 of his patients to a wing

he rented at Kentwood Manor Nursing Home. The rest

were taken to one of Ford’s other two nursing homes

in Jefferson Parish. It took almost six weeks to fi nd

accommodations and move everyone.229

Ford decided against evacuating Metairie, thinking

it would withstand the storm. Subsequent fl ooding,

however, forced him to evacuate 115 patients.230 Using

Wildlife and Fishery department boats and a Louisiana

Army National Guard two and a half ton truck, patients

were taken to higher ground on the interstate. Buses from

the New Orleans’ EOC collected some patients on the

evening of August 29 and took them to a staging area

in Baton Rouge, Louisiana. Ford had some pre-existing

contracts for housing his patients elsewhere, but he moved

them to the fi rst available locations — all of which were in

Louisiana. By mid November, patients from Metairie were

moved to the Waldon facility (which was not evacuated

for Katrina), where they remain today.

St. Rita’s Nursing Home

The night before landfall, Ford had a phone conversation

with Mabel Mangano, who co-owns St. Rita’s Nursing

Home with her husband. “I’m staying,” she told him.231

Media reports indicate the Manganos were so confi dent

about the safety of St. Rita’s, they invited staff, friends, and

relatives to use it as a shelter.232

The Manganos and their 78 patients remained in the

nursing home throughout the storm, and like many in

New Orleans, thought they were safe after the hurricane

passed.233 But the fl oodwaters began to rise — eight to

nine feet in 30 minutes — and the Mangano’s grandson

swam out and brought back a boat. They began putting

patients on mattresses fl oating like rafts.

On September 13, the Manganos were charged with 34

counts of negligent homicide.234 Attorney General Charles

Foti’s September 14 press release stated the “charges stem

from Mable Mangano and Salvador Mangano, Sr.’s alleged

failure to evacuate St. Rita’s Nursing Home, contrary to

the facility’s own evacuation plan and in violation of the

St. Bernard Parish’s mandatory evacuation. Additionally,

subsequent to the mandatory evacuation order, authorities

offered to send two buses and drivers to evacuate residents

from the facility and the Manganos allegedly declined this

offer.”235

The News-Star, a Monroe, Louisiana newspaper, says

despite these charges, “the Manganos did not abandon

St. Rita’s during the fl ooding. Nor did they seal the fate

of their elderly residents by strapping them to their beds

before leaving, as was widely reported. They worked

alongside their staff and a few Good Samaritans during

the frantic rescue effort . . . . ”236 Parish residents may

soon be the judge.

Finding: Lack of electronic patient medical records contributed to diffi culties and delays in medical treatment of evacuees

Although HHS partnered with the AMA to establish a website allowing physicians and pharmacists to electronically access the prescription records of patients affected by Katrina, few patients or health care providers had access to medical records or a common medical record system

As Hurricane Katrina tore through the Gulf coast region,

it destroyed millions of pages of paper fi les and patient

medical records in doctor offi ces, clinics and hospitals.

Thousands of patients displaced from the region by the

storm lacked medical records and were forced to depend

on memory and knowledge of their medical history,

allergies, and other important information.

“If they don’t leave, I tell ‘em they’re going to die in place.”

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Kindred Hospital in New Orleans was one of the few

facilities in the Gulf coast with electronic patient medical

records. When Kindred evacuated 54 patients following

Katrina, the hospital was able to send patients’ medical

records electronically to other Kindred operated facilities

in Baton Rouge and Houston where the patients had been

transferred.237 Additionally, Kindred was able to print and

mail hard copies of a patient’s electronic medical history

for those who were evacuated to non-Kindred facilities.238

Eighty pediatric cancer patients from the Gulf coast

were evacuated to St. Jude Children’s Research Hospital

(St. Jude) in Memphis, Tennessee.239 The hospital was

tasked with tracking down oncologists who fl ed fl ooded

New Orleans with treatment records to ensure appropriate

treatment for the pediatric patients. Additionally,

doctors at St. Jude were forced to rely heavily on parents’

recollection and notes of their children’s treatments.

“I honestly feel quite comfortable that the worst-case

scenario is we delayed treatment” for some children, Dr.

Joseph Mirro said. But there was “a lot of fl ying by the seat

of your pants to get it right.”240

According to Stephens, all medical fi les and

documentation made regarding the treatment and

medical attention provided to evacuees in the Superdome

were lost.241 This contrasts sharply with how patients’

medical information was handled at the Astrodome in

Houston. Thousands of the evacuees at

the Superdome and Convention Center

were transferred to the Astrodome without

any paper or medical fi les. Volunteers in

Houston were tasked with documenting

patient information and registering evacuees

to create new electronic medical records.

The Harris County Hospital District created

a large clinic in the Astrodome, which

included 80 computer terminals to aid in

registering patients and recording their

medical history and information.242 By

September 9, records had been created for

approximately 8,000 Katrina evacuees.243

Additionally, the American Medical Association (AMA),

National Community Pharmacists Association (NCPA),

and several other organizations collaborated to launch

the KatrinaHealth.org prescription medication network

in September. The network is a secure online service to

help physicians and authorized healthcare providers

access medication and dosage information for Katrina

evacuees.244 The network allows and authorizes physicians

and pharmacies to provide prescription refi lls, or prescribe

new medications.245 It facilitates coordinated care and

helps to avoid potential medical errors by providing access

to patient information. The AMA provides physician

credentialing while NCPA provides authentifi cation of

pharmacists and pharmacies.246

Because the VA has developed an electronic patient

record system for its facilities, electronic records for over

50,000 New Orleans VAMC patients were downloaded

to tapes and transferred to the VAMC in Houston.247 The

Houston VAMC was able to reconfi gure and restore them

after the New Orleans VAMC evacuation. The records chief

for the South-Central VA Healthcare Network said, “Every

single thing on that computer was saved.”248

Hurricane Katrina showed that physicians are often

our “second” responders. They, too, need the support of

sophisticated IT systems, enabling them to respond to a

crisis quickly and retrieve and share critical records and

“I honestly feel quite comfortable that the worst-case scenario is we delayed treatment” for some children, Mirro said. But there was “a lot of fl ying by the seat of your pants to get it right.”

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information. The emerging public health threats of the

21st Century require the seamless fl ow of information at

all levels of government. The need for better integration

of IT into the healthcare industry was highlighted by

thousands of Katrina evacuees with no medical patient

records.

HHS has made recent efforts to support digital health

recovery for the Gulf coast. In November, HHS announced

partnerships with the Southern Governors’ Association

and DHH to accelerate electronic health records in Gulf

states to create accessible, accurate medical records and

medical information.249 These partnerships will help

physicians, medical practices, and hospitals rebuild

medical records for their patients as they return to the

region. However, National Coordinator for Health

Information Technology, Dr. David Brailer, said, “Making

patient data accessible to authorized physicians, whether

it is following a hurricane or as part of routine care,

remains a challenge that must be addressed.”250

Finding: Top offi cials at HHS and NDMS do not share a common understanding of who controls NDMS under ESF-8

On a larger scale, the command structure between HHS

and the NDMS was problematic. ESF-8 is implemented

by the Assistant Secretary for Public Health Emergency

Preparedness at HHS; however, NDMS is housed and

operates under FEMA (DHS) authority. For Hurricane

Katrina, NDMS was activated by FEMA on August 25.251

According to the FEMA Offi ce of General Counsel,

activation of NDMS would certainly have “stood up”

ESF-8.252 However, there is no evidence of action

under ESF-8 until August 27, when HHS fi rst convened

conference calls.253 During a natural disaster or public

health emergency, HHS and NDMS communication and

coordination is essential for an effective response.

According to Simonson, coordinating the public

health response under ESF-8 was “a strain without

operational control and logistical support.”254 He says

the relocation of NDMS left HHS with few operational

assets. Despite HHS responsibility for coordinating the

federal response to public health emergencies, HHS only

has PHS Commissioned Corps, SNS, and other smaller

functions under its command. Unlike NDMS, none of

HHS remaining assets are confi gured for a quick response.

Instead, HHS assets are meant to sustain existing medical

services and infrastructures. Simonson also indicated

that without direct control over NDMS assets, the

effi ciency and effectiveness of ESF-8 is crippled. With

modest operational assets, Simonson noted HHS lacked

situational awareness, saying, “HHS lost its fi eld network

to FEMA when NDMS was moved to DHS.”255

As executor of ESF-8, Simonson attempted to

coordinate the pre-positioning of medical assets prior to

Katrina’s landfall.256 He spoke directly to Stephens on

Saturday, August 27 and Sunday, August 28 to ask what

supplies the Superdome needed. As a result of those

conversations, Simonson called then Acting Director of

the Response Division Edward G. Buikema at FEMA to

“aggressively advocate” DMATs, water, ice, and MREs be

positioned in the Superdome prior to landfall. Simonson

believed it would have been much easier to task NDMS

if those assets had been under his direct control. When

asked about attempts at coordination between the two

agencies, Simonson said NDMS participated in ESF-8

conference calls, but despite its participation, acted as an

asset of FEMA without coordinating mission assignments

with him.

An e-mail from a U.S. Army Corps of Engineers

Liaison at DOD, Mark Roupas, to Assistant Secretary for

Defense for Homeland Defense Paul McHale on August

29, however, suggests Simonson did have a say in NDMS’

activation. Roupas says: “ . . . . DHHS is trying to decide

which health care approach is better: 1) activate NDMS

and move the patients out of the state or 2) move medical

beds and personnel into the affected area and treat there.

DHHS medical planners are meeting with Mr. Simonson

at 6pm to discuss and decide which course of action to

accept. If the decision is to move the patients via NDMS,

then DHHS will activate the NDMS system. If the decision

is to treat intrastate, then we should expect a formal RFA

for -500 beds and personnel support.”257 This e-mail begs

the question: how was the primary coordinator of medical

response unaware that FEMA had activated NDMS on

August 25?

Simonson believes ESF-8 should be more “clearly

articulated.”258 He also believes the relocation of NDMS

to DHS in 2003 undermined NDMS effectiveness.

298 A FAILURE OF INITIATIVE

Since its transfer, funding for NDMS has been stagnant,

with millions of dollars being siphoned off to support

“unidentifi ed services.”259 NDMS has lost two-thirds

of its staff since 2003. “There is room for substantial

improvement in coordination between NDMS and the

rest of ESF-8. Either ESF-8 should be directly responsible

for NDMS or ESF-8 should be moved to where NDMS is

located,” Simonson said.260

Beall disagreed and told a much different story about

the coordination between NDMS and HHS.261 He said

HHS has the authority to move NDMS and its assets

under ESF-8 and that, to his knowledge, NDMS did not

deploy any assets, with the exception of pre-positioning,

without a direct order from HHS. He said HHS and

NDMS were in close coordination throughout the

operation, and that any coordination issues were more

likely a result of internal diffi culties within HHS — not

between HHS and NDMS. He believes NDMS relocation

to FEMA allows the system to “lean forward” more than it

could under HHS.

How these two senior offi cials view the coordination

and authorities for HHS and NDMS speaks for itself.

Without a clear understanding of who has functional

jurisdiction over NDMS, coordination of the system and

all of its assets was certain to result in failures.

The OR-2 DMAT report illustrates command structure

confusion, and general coordination problems, between

NDMS and the DMAT teams it managed at the New

Orleans Airport. OR-2 DMAT members reported a number

of command-related issues, including:

■ ICS/NIMIS (or any form of an organized internal

command and control structure) was not implemented

by FEMA/NDMS at the airport. (Some attempts to use

ICS were made by FEMA/NDMS following the arrival of

a Forest Service overhead team, but were generally not

that effective.)

■ There was no formalized unifi ed command established

between the many participating agencies until late in

the response.

■ No safety offi cer was initially appointed at the

command level (in a very unsafe environment).

■ Roles, responsibilities, and reporting structure of the

two MSTs (Baton Rouge and Airport) were never

clearly articulated. It was unclear what role the PHS

representative at the airport had.

■ Liaisons with military and civilian entities participating

in relief efforts at the airport were never established.

■ There did not appear to be any initial interfacing at a

management level with knowledgeable local medical

providers, public health offi cials, and local emergency

providers.

■ There appeared to be a lack of communications

between the Airport MST and Baton Rouge MST as well

as NDMS headquarters.

■ Information was not being effectively communicated to

the DMATs from either of the MSTs.

■ There was considerable friction between DMATs and

the MSTs. An ‘us and them’ attitude was prevalent.

■ Only one fulltime FEMA/NDMS employee was present

at the airport MST (arriving after operations had

started). All other Airport MST staff were taken from

onsite DMATs, reducing the number of team personnel

for patient treatment and operations support.

■ Inexperienced leaders were placed in an overwhelming

and chaotic environment that caused their effectiveness

to rapidly deteriorate.

■ Management decisions that were being made were not

based on the best interests of the patients.

■ There was inadequate equipment available to produce

the copies and paperwork FEMA was requiring.262

The OR-2 DMAT report further states, “FEMA/NDMS

operations at the airport were extremely disorganized

compared to parallel military and Forest Service

operations.” Tensions between FEMA/NDMS and DMATs

is an ongoing problem and “continues to compromise

the effi ciency of operations due to a lack of trust between

both parties.”263

Beall agreed there was tension and speculated DMAT

members are accustomed to being in control of their

environments and are not used to taking orders from

federal offi cials.264 He also said most of the FEMA NDMS

offi cials deployed during Katrina and giving orders

to DMATs were unseasoned and their inexperience

contributed to the friction.

Historically, the mission of DMATs was to rapidly deploy

and set up self-supporting fi eld hospitals and provide

medical care within the fi rst 72 hours after a disaster before

the arrival of other federal assets.265 Alternatively, FEMA has

historically operated under the assumption that state and

local offi cials are the fi rst line of defense during the initial

72 hours following a disaster until a federal response can

A FAILURE OF INITIATIVE 299

be coordinated. The NDMS response to Katrina suggests

that FEMA was unable to support the historical rapid-

deployment capability of NDMS.266

Finding: Lack of coordination led to delays in recovering dead bodies

The lack of coordination among agencies also contributed

to delayed recovery of dead bodies in the Gulf coast

region. According to ESF-8, HHS is responsible for

victim identifi cation and mortuary services. HHS has

authority to ask DHS and DOD to assist in providing

victim identifi cation and mortuary services; establishing

temporary morgue facilities; performing victim

identifi cation by fi ngerprint, forensic dental, and/or

forensic pathology and anthropology methods; and

processing, preparation, and disposition of remains.267

The most experienced personnel in this area are a part

of NDMS under the authority of FEMA and DHS. DOD

also has signifi cant expertise in mortuary affairs and mass

fatality management.

Despite having this authority, HHS was slow to respond

and coordinate efforts with DOD and DHS. On Sunday,

September 4, DOD sent an e-mail to DHS recognizing the

need to assist overwhelmed state and local authorities in

victim identifi cation. The e-mail provided a brief analysis

of the situation in the Gulf coast region and said, “If this

analysis is correct, it’s not if, but when and how DOD will

be asked to assist in the mortuary affairs response.”268 The

e-mail further says DOD has developed “potential plans on

what kind of requirements will be needed and how DOD

can provide response support. Currently we have identifi ed

the potential missions of search and recovery, remains

transport to establish human remains collection points,

and assistance with DNA capture analysis.”269 The e-mail

recommends a meeting between DHS, HHS, FEMA, and

DMORT to discuss coordination among agencies and the

commercial sector. It is unclear if and when this meeting

took place. What is clear, however, is DOD essentially took

the lead in coordinating an operational mortuary affairs

plan, which was originally the responsibility of HHS.

Following the e-mail from DOD, HHS personnel

recognized the need for an “integrated ESF-8 response”

and devising a “coordinated way to collect and share

information.”270 When asked why it took an e-mail

from DOD six days after Katrina’s landfall, Simonson

responded, “HHS was not involved in discussions

with actual body recovery. FEMA, DOD, and Kenyon

International Emergency Services (Kenyon), a mortuary

services contractor, were in discussions for recovery

services and it was unclear who was in charge of the

recovery effort.”271 ESF-8 is not responsible for recovering

bodies but is responsible for mortuary services. As a result,

HHS “had to wait for certain discussions to be made

before going ahead with specifi c decisions. Everyone

was frustrated with how slow the initial discussions

were going.”272 Before HHS can coordinate victim

identifi cation and other mortuary services, FEMA, DOD,

and state offi cials must have a recovery plan in place.

Body recovery was no less confused. For days, bodies

went uncollected as state and federal offi cials remained

indecisive on a body recovery plan. With state and local

offi cials utterly overwhelmed by the disaster, they were

initially more focused on rescuing Katrina’s survivors than

recovering dead bodies. By September 5, inaction was

causing frustration. “Number 1 issue is body collection,”

Army Colonel John J. Jordan, military assistant to Brown

at FEMA, wrote in an e-mail that day.273 Jordan continued,

“This issue must be addressed, and frankly, there is

operations paralysis at this point. FEMA is pushing State

to see what they want to do, and indications are that

Governor is involved in some of the decisions, especially

regarding interment.” A week later, Blanco publicly

blamed FEMA for the delay and its inability to sign a

contract with Kenyon for body collection services.274

Kenyon later signed a contract with the state.275

One week after landfall, on September 5, Simonson

requested “ample mobile mortuary services throughout

the affected region.”276 An order for 200 mobile mortuary

trucks was issued with 130 designated to Louisiana and

70 to be delivered to Mississippi.277 By the next day

mortuary services were being established in St. Gabriel,

Louisiana with 96 personnel.278 FEMA and Louisiana

collaborated on drafting a body recovery plan which

required the approval of Brown, and the Louisiana “newly

appointed” state medical examiner.279 In Mississippi,

mortuary services were established at the Naval Air Station

in Gulfport. By September 6, one DMORT had set up

facilities at the Naval Air Station. Body recovery was an

enormous task that took several months to complete. Each

home in the affected area was inspected twice for bodies.

Mortuary services continue in the region as remains are

identifi ed and returned to families.

300 A FAILURE OF INITIATIVE

Finding: Deployment confusion, uncertainty about mission assigments, and government red tape delayed medical care

“Coordinating all of those agencies isn’t a simple thing and [is] very diffi cult to practice. We sit down and do tabletop exercises where we go over who’s going to do what, but a disaster of this magnitude is something that is very diffi cult to simulate or really practice. So, we rely on really well-trained, capable people that can adapt and adjust to whatever the situation is to get the job done.”

— Colonel Richard Bachmann, U.S. Air Force280

In the wake of Katrina, fi rst responders worked tirelessly

— days and nights in miserable conditions — to provide

medical care to thousands of hurricane victims. The

coordination of these medical personnel, supplies,

and equipment proved to be a daunting task. At one

point, a frustrated member of the CDC Division of

Emergency Operations wrote: “The approval process for

a bottle of aspirin seems to be the same as for a 500 bed

hospital.”281 From confusion about mission assignments

and deployments, to broader misunderstandings about

command structure, coordination was undoubtedly an

obstacle to the Gulf coast medical response. Coordination

efforts were impeded, and in turn, these impediments

adversely affected the overall medical response.

Deployment Assignments

Hundreds of e-mails were sent from medical fi rst

responders to government offi cials expressing confusion

and frustration over their deployment orders. On Friday,

September 2, a PHS offi cer in Oregon sent an e-mail

saying, “I’ve got supervisory approval and have had my

bags packed and ready in the trunk of my car to leave at a

moment’s notice since Tuesday. Is there anything further

you can tell me?”282 On September 5, a Food and Drug

Administration employee e-mailed the PHS coordinating

offi cer saying,

“I’m deploying tomorrow. I don’t have any

information about the mission and whether my

role has changed from the original (FMCS MST 4

– there has been some issues with travel and just

got my itinerary tonight so not sure if those issues

were due to a change in assignment). I’ve gotten a

phone call from a member of my team looking for

direction and I don’t know what to tell him. Please

provide any information you can.”283

Another PHS offi cer wrote, “Once again, sorry to

bother you. However, what is the status of this mission?

From the email I received earlier this week things

were supposed to happen in 24-72hrs. At your earliest

convenience, could I please get an update on this?”284

There was also confusion within government ranks

regarding who had the authority to deploy offi cers and

what offi cers had already been approved for deployment.285

An internal PHS e-mail sent September 1 stated,

“We are receiving reports from one Warden

indicating that many of his staff are deployed. The

problem is they are not on our Master list that we

have been providing to OFRD. Can you provide

me your latest deployed roster identifying the BOP

offi cer/assets. I am thinking maybe these offi cers are

on August or September rosters???”286

An August 30 e-mail from the chief of the Coast Guard

medical division said,

“I apologize for the confusion of the rosters with

CG offi cers that were released earlier. It appears

that all PHS offi cers were required to go to a

website and register yesterday AM per the attached

email. Many offi cers did this without knowing that

registering automatically noted agency approval for

a CCRF mission. I attempted to register without the

agency approval box clicked in order to provide CG

comments. The website only allowed submission

with this box clicked positive . . . kind of a Catch-

22.”287 A member of OFRD wrote FEMA saying,

“This offi cer is stationed in AR and is not on our list

of offi cers deployed. Who deployed him?”288

There was also limited visibility between agencies.

An e-mail from a CDC employee to HHS/OS staff and

CDC staff on September 9 stated, “Since OSHA is Labor

Dept we have no visibility on their deployments at this

time…could be they will link up with NIOSH team when

A FAILURE OF INITIATIVE 301

they all arrive, but we may well not know anything.”289

This correspondence refl ects the absence of updated and

accurate lists of who was available for deployment, who

was not available, and who had already been deployed.

Mission Assignments

As late as September 22, evidence of confusion remained

about who was in charge of what aspects of the response.

An HHS incident manager wrote, “. . . . it appears that the

POC for the 250 ambulances is no longer the State EMS

Director Terry Bavousett, but has changed to the three

names below. Please get your representative at the JFO

to address this ASAP or the ambulances will end up at

Reliant Park instead of the locations that Terry Bavousett

has requested.”290 The FEMA liaison to CDC wrote, “I

might be the only one — I doubt it — but I’m really

confused with the structure within CDC/DEOC for this

operation. Can you send out a team structure list of team

leads as well as their DEOC schedule?”291

Clarity about missions was also lacking in the medical

response to Hurricane Katrina—as evidenced by the lack

of planning for the United States Navy Ship (USNS)

Comfort. The USNS Comfort is a medical treatment

facility with a primary mission of supporting medical

needs for the military and serve as hospital facilities

as part of a humanitarian effort.292 It has a 1,000 bed

capacity with 80 beds designated for an intensive care unit

and 12 operating rooms. The Select Committee received

varying cost estimates for operating costs for the USNS

Comfort. According to the U.S. Northern Command,

operating costs for the USNS Comfort are roughly

$82,910 per day underway and $29,155 a day pier side.293

However, a Philadelphia Inquirer article states, “When on

full operational status, the daily costs exceeds $700,000 a

day, according to the Navy.”294

Originally destined for New Orleans to provide

medical care to storm victims, the Comfort was redirected

on September 9. “The Comfort is now headed for

Pascagoula, Miss due to the lack of a medical mission

in NO. Do not have anticipated arrival at that site, but

SOC will advise when they get the information. Decision

has been made that two cruise ships will now be used

to house state workers.”295 That same night, clarifi cation

about a mission assignment was never received. An e-mail

exchange between HHS employees states, “USNS comfort

docked today in Pascagoula. I listened in to most of the

conference call and nobody could seem to think of a

mission for them. State Health Dpt was clear that they had

nothing at this time.”296

Additionally, the redirection of 250 ambulances

required a signifi cant number of approvals. An HHS

incident manager wrote, “I have just been informed by

FEMA HQ that Jack Colley or Dr. Sanchez the originators

of the request will need to approve the change in the

location of the delivery of the ambulances. Would you

please contact your representatives at the JFO and ask that

they confi rm the location change with Reliant Stadium to

the two staging areas noted in your e-mail with either the

ESF# 7&8 representatives. GSA will then confi rm back to

you the delivery locations and times.”297

Government Red Tape

Bureaucratic red tape also stood in the way of the medical

response. The OR-2 DMAT report states, “The team was

activated on the afternoon of Tuesday, August 30, and

given instructions to be in Houston the next day, August

31. Because of the policy of making individual travel

arrangements (see below), the last team member arrived in

Houston shortly after midnight on September 1. The team

departed for Baton Rouge in rental SUVs and vans at 5:00

a.m. on September 1. During the drive, team commanders

had several phone conversations with other teams at the

New Orleans Airport who stated the team was urgently

needed due to the large number of patients. Instead of

heading directly to the airport, the team was requested

to fi rst stage at LSU. After staging for nearly two hours,

the team received an escort to the New Orleans Airport,

arriving at approximately 3:30 p.m. Roughly 48 hours had

elapsed since the activation order and the team arriving

at the incident.”298 The report further says that because

team members were deployed individually, their medical

response was delayed.

F E

M A

302 A FAILURE OF INITIATIVE

On September 2, the Special Assistant to the Assistant

Secretary of Defense for International Security Affairs, Jon

G. Ferko, wrote McHale saying Blanco was withholding

medical supplies until she received President Bush’s word

Louisiana would be reimbursed. The e-mail to McHale says:

Sir,

Some information that I thought you should know:

My brother is on the ground at the health and

human services command center in Baton Rouge.

He says the situation is ‘grave’ — he and his team

are working desparately to save lives without

medical supplies – he said he doesn’t even have a

bandaid.

His team spoke with the Governor of LA and she

refuses to release ANY amount of funds for supplies

until POTUS assures her of reimbursement. The

team down there does not know who to work

through to release funds – and this is the federal

command team.

I felt that you should have this info – my brother

actually called home in tears because they can’t do

anything to stop the loss of life….299

Conclusion

The numbers do not lie. Thousands of lives were saved, a

tribute to the medical professionals and volunteers who

worked around the clock under enormously grueling

conditions. Yet, there is another, more sobering realization

that can’t be ignored either. Those numbers could —

should — have been even greater. It wasn’t a lack of effort

that hindered their success. It was a lack of planning, lack

of initiative, and lack of response.

There were not, for example, nearly enough medical

personnel teams in position prior to landfall, which led

to unnecessary delays in getting the right equipment and

supplies to the right people. FEMA and HHS needed to

plan for the worst. Instead, they scrambled for supplies in

an effort that was often times uncoordinated. In too many

cases, it was too late. Clearly New Orleans residents with

“special needs” paid a disproportionate price. Neither

the Louisiana Medical Director and State Health Offi cer,

nor the Director of the New Orleans Health Department,

could clearly defi ne the “special needs” population, much

less adequately provide for it.

From the storm’s impending landfall through the

fl ooding of New Orleans, confusion grew over if, and

when, hospital, VAMC, and nursing home evacuations

should occur. Time was rushing by, lives were in jeopardy,

and even when evacuations were fi nally deemed necessary,

these institutions were not prepared to do it effi ciently.

One possible solution would have been better utilization

of private fi rms to aid in evacuations. It was the answer in

a few instances, but it could have been the answer in so

many more. In all, an estimated 215 people died in New

Orleans nursing homes and hospitals as a result of Katrina

and failed evacuations.

Compounding problems for medical responders was

poor communication and coordination. So poor, in fact,

that at times, the only way to receive information was

through television. And the lack of access to medical

records, or a common, electronic medical record system,

led to delays in treating evacuees. Suffering was also

prolonged as attempts at coordination, within and

between government agencies, proved frustrating and

inadequate. Confusion arose over mission assignments

and command structure. Medical offi cers and volunteers

had little information about their deployment orders,

many waiting for days with their bags packed and

ready. And while some medical teams waited, without

equipment or supplies to care for patients, state and

federal offi cials squabbled over reimbursement.

Thousands of American men and women selfl essly

gave their time, money, and expertise to save lives.

Unfortunately, lack of preparation, reticence to act, and

confusion over coordination are all part of the story as

well. Though there was the will, the medical response to

Hurricane Katrina showed there wasn’t always a way. The

initiative of men like Mike Ford and Jesse St. Amant was

the exception to the rule. ■

A P

P H

O T

O /B

IL L

H A

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A FAILURE OF INITIATIVE 303

1 Adam Nossiter, It’s Like Being in a Third World Country: Hospitals in fl ood zone struggle to save lives, ASSOC. PRESS (New Orleans, LA) Aug. 31, 2005.

2 Interview by Select Comm. Staff with LA Hosp. Ass’n, in Baton Rouge, LA (Nov. 10, 2005) [hereinafter Nov. 10 Interview with LA Hosp. Ass’n]. 3 Interview by Select Comm. Staff with LA State Univ. [hereinafter LSU] Health Care Services Div., in New Orleans, LA (Jan. 19, 2006). “Code

Grey” refers to the section of the hospital’s emergency management plan that prepares the hospital for extremely severe weather. (Id.). 4 Nov. 10 Interview with LA Hosp. Ass’n. 5 HHS: What We Do at http://www.hhs.gov/about/whatwedo.html/ (last visited Jan. 27, 2006). 6 U.S. Dep’t of Homeland Sec., National Response Plan, (Dec. 2004) at ESF #8 – Public Health and Med. Services Annex [hereinafter NRP]. 7 Id. 8 Id. at ESF-iii. 9 Welcome to NDMS at http://ndms.dhhs.gov/ (last visited Jan. 27, 2006). 10 Press Release, Fed. Emergency Mgmt. Agency [hereinafter FEMA], NDMS Serves The Needs Of Hurricane Victims (Dec. 8, 2005) [hereinafter

Dec. 8 FEMA Press Release]. 11 Interview by Select Comm. Staff with FEMA and Nat’l Disaster Med. Sys. [hereinafter NDMS] (Nov. 30, 2005) [hereinafter Interview with

FEMA and NDMS]. 12 Disaster Medical Assistance Team (DMAT) Basic at http://www.fema.gov/preparedness/resources/health_med/dmat_basic.htm (last visited Jan.

5, 2006). 13 Interview with FEMA and NDMS. 14 Id. 15 Id. 16 After Action Report from OR-2 Disaster Med. Assistance Team [hereinafter DMAT] (Sept. 25, 2005) available at, http://www.democrats.reform.

house.gov/story.asp?ID=984 (last visited Jan. 28, 2006) [hereinafter Sept. 25, OR-2 DMAT After Action Report]. 17 Interview with FEMA and NDMS. 18 Press Release, FEMA, NDMS Demobilizes After Serving The Needs Of Hurricane Victims (Dec. 30, 2005). 19 U.S. Dep’t of Health and Human Services [hereinafter HHS] and Miss. Dep’t of Health [hereinafter MDH], Hurricane Katrina Medical Support/

Demobilization/Transition Plan for the State of Mississippi, (Jan. 2006) at 3. 20 Hearing on Hurricane Katrina: Preparedness and Response by the State of Mississippi Before Select Comm., 109th Cong. (Dec. 7, 2005) at 2 (written

statement of Dr. Brian W. Amy, Miss. State Health Offi cer) [hereinafter Dr. Brian Amy written statement]. 21 “Disaster Mortuary Operational Response Team (DMORT),” at http://www.fema.gov/preparedness/resources/health_med/dmort.htm (last

visited Jan. 5, 2006). 22 Interview by Select Comm. Staff with Vice Admiral Richard H. Carmona, U.S. Surgeon Gen., in Wash., DC (Nov. 22, 2005) [hereinafter

Interview with Surgeon Gen. Carmona]. 23 E-mail correspondence from Cliff Oldfi eld, Commander of DMORT Region II, to Barbara Butcher, Offi cer of Chief Medical Examiner, NYC

et al. (Sept. 1, 2005) (2:27 p.m.). 24 E-mail correspondence from Keith Holtermann, Incident Manager ESF#8 7P-7A Watch, HHS, to EST-ESF08-A, et al. (Sept. 5, 2005) (9:46

p.m.). 25 Id. 26 E-mail correspondence from Keith Holtermann, Incident Manager ESF#8 7P-7A Watch, HHS, to Robert Blitzer, et al. (Sept. 6, 2005) (6:35

a.m.). 27 Id. 28 E-mail correspondence from John Mallos (OS) on behalf of CCRF-Response (OPHS), to CCRF-Response (OPHS) (Aug. 27, 2005) (6:02 p.m.). 29 Id. 30 Interview with Surgeon Gen. Carmona. 31 Id. 32 Id. 33 E-mail correspondence from Marc Wolfson (HHS/OS) to ASPA, et al., (Sept. 8, 2005) (12:06 p.m.). 34 About CDC: Home Page at http://www.cdc.gov/about/default.htm (last visited Jan. 27, 2006). 35 Interview by Select Comm. Staff with Dr. Richard E. Besser, Dir. of Coordinating Offi ce for Terrorism Preparedness Emergency Response, Ctrs.

for Disease Control and Prevention [hereinafter CDC], in Wash., DC (Nov. 17, 2005) [hereinafter Interview with CDC]. 36 Id. 37 Press Release, HHS, HHS Supports Medical Response to Hurricane Katrina (Dec. 30, 2005). A pallet includes: “basic fi rst aid material (such

as bandages, pads, ice paks, etc.), blankets and patient clothing, suture kits, sterile gloves, stethoscopes, blood pressure measuring kits, and portable oxygen tanks.” (Id.).

38 Interview with CDC. 39 E-mail correspondence from KC Decker, HHS/OS, to Andrew Stevermer, et al., (Aug. 28, 2005) (5:51 p.m.). 40 Interview with CDC. 41 Id. 42 Id. 43 Interview with Surgeon Gen. Carmona. 44 Press Release, HHS, HHS Releases Website and Toll Free Number for Deployment by Health Care Professionals (Sept. 3, 2005). 45 E-mail correspondence from Lakeisha Jones, HHS/OS, to Lakeisha Jones, et al., (Sept. 3, 2005) (6:02 p.m.). 46 Press Release, HHS, HHS Designates First Medical Shelters and Provides Vital Medical Supplies and Medical Assistance (Sept. 2, 2005)

[hereinafter HHS Designates First Medical Shelters Release]. 47 About SAMHSA DTAC at http://www.mentalhealth.samhsa.gov/dtac/about.asp (last visited Jan. 27, 2006).

304 A FAILURE OF INITIATIVE

48 Press Release, HHS, Crisis Hotline Available for Victims of Hurricane Katrina (Sept. 7, 2005). 49 Press Release, HHS, HHS Awards $600,000 in Emergency Mental Health Grants to Four States Devastated by Hurricane Katrina (Sept. 13,

2005). 50 Strategic National Stockpile at http://www.bt.cdc.gov/stockpile/ (last visited Jan. 7, 2006) [hereinafter Strategic Nat’l Stockpile website]. 51 Interview with CDC. 52 Strategic Nat’l Stockpile website (last visited Jan. 7, 2006). 53 HHS Designates First Medical Shelters Release; E-mail correspondence from Stewart Simonson, Assistant Sec’y, Offi ce of Public Health

Emergency Preparedness, HHS, to MOL, HHS/OS, et al. (Sept. 2, 2005) (12:28 a.m.). 54 Dr. Brian Amy written statement at 5. 55 Interview with CDC. 56 Id. 57 Id. 58 Id. 59 Interview by Select Comm. Staff with Stewart Simonson, Assistant Sec’y, Offi ce of Public Health Emergency Preparedness, HHS, in Wash., DC

(Jan. 20, 2006) [hereinafter Interview with HHS]. 60 Press Release, Am. Soc’y of Health-Sys. Pharmacists, Medical Shelters Provide Care to Hurricane Victims (Sept. 2, 2005) [hereinafter ASHP

Press Release]. 61 Delthia Ricks, Outfi tting Makeshift Hospitals: Medical Supplies are Being Sent from National Stockpile to Set Up Dozens of Temporary Centers,

Newsday.com, Sept. 6, 2005, available at www.newsday.com. 62 Interview with HHS. 63 Id. 64 ASHP Press Release. 65 News from The Adjutant General’s Dep’t at http://www.kansas.gov/ksadjutantgeneral/News%20Releases/2005/05-079.htm (last visited Jan. 7,

2006). 66 Master Sgt. Bob Haskell, Air Guard Response to Katrina’s Challenges, THE OFFICER, Nov. 2005. [hereinafter Air Guard Response Article]. 67 Sandra Basu, DoD Provides Care to Spell Hurricane Relief, U.S. Medicine, Inc, Oct. 2005, available at www.usmedicine.com [hereinafter DOD

Provides Care Article]. 68 Id. 69 Air Guard Response Article; Interview by Select Comm. Staff with Warren Reuther, Gen. Manager, Ernest N. Morial Convention Ctr. in New

Orleans, LA (Dec. 20, 2005) [hereinafter Interview with Warren Reuther]. 70 E-mail correspondence from Matthew Payne, HHS/OS to Robert Blitzer, HHS/OS, et al. (Sept. 28, 2005) (2:02 p.m.) [hereinafter Sept. 28

Matthew Payne E-mail]. 71 Id. 72 Dr. Brian Amy written statement at 5. 73 E-mail correspondence from Stewart Simonson, Assistant Sec’y, Offi ce of Public Health Emergency Preparedness, HHS, to Dep’t of Public

Safety personnel, State of Nevada, (Sept. 2, 2005) (6:08 p.m.). 74 Sept. 28 Matthew Payne E-mail. 75 Interview with HHS. 76 Id. 77 Interview by Select Comm. Staff with Dr. Jimmy Guidry, Med. Dir., Dep’t of Health and Hosps., State of LA, in New Orleans, LA (Dec. 19,

2005) [hereinafter Dec. 19 Interview with Dr. Guidry]. 78 Interview by Select Comm. Staff with Dr. Kevin Stephens, Dir., New Orleans Health Dep’t., in New Orleans, LA (Dec. 19, 2005) [hereinafter

Dec. 19 Interview with Dr. Stephens]. 79 City of New Orleans Offi ce of Emergency Preparedness, Annex 1A La. Offi ce of Homeland Sec. and Emergency Preparedness Shelter Operations Plan

(Revised July 2000) [hereinafter City of New Orleans Offi ce of Emergency Preparedness]. 80 Interview by Select Comm. Staff with Michael Ford, Vice President, New Orleans Region, LA Nursing Home Ass’n, Michella Ford, Facility

Services Dir., Riverbend Nursing and Rehabilitation Ctr., and Jesse St. Amant, Dir., Emergency Preparedness, Offi ce of Homeland Sec., Plaquemines Parish Gov’t, in New Orleans, LA (Jan. 19, 2006) [hereinafter Jan. 19 Interview with Michael Ford, et al.].

81 City of New Orleans Offi ce of Emergency Preparedness. 82 Nov. 9 Interview with Dr. Stephens. 83 Jan. 19 Interview with Michael Ford, et al. 84 E-mail correspondence from Lakeisha Jones, OS, to John Babb, OS, et al. (Sept. 6, 2005) (7:31 a.m.). 85 Interview by Select Comm. staff with Walter Maestri, Dir. of Emer. Mgmt., Jefferson Parish, in New Orleans, LA (Nov. 8, 2005). 86 Interview by Select Comm. Staff with Dr. Jimmy Guidry, Med. Dir., Dep’t of Health and Hosps., State of LA, in Baton Rouge, LA (Nov. 7, 2005)

[hereinafter Nov. 7 Interview with Dr. Guidry]. 87 Nov. 9 Interview with Dr. Stephens. 88 Nov. 7 Interview with Dr. Guidry. 89 Interview by Select Comm. Staff with Gordon Nelson, Assistant Secretary for Operations, Dep’t of Transp. and Dev. in Baton Rouge, LA (Nov.

4, 2005); Hurricane Katrina: Preparedness and Response by the State of Louisiana Before Select Comm., 109th Cong. (Dec. 14, 2005) at 242 (statement Ray Nagin, Mayor, City of New Orleans) [hereinafter Dec. 14 Select Comm. Hearing].

90 Interview by Select Comm. Staff with Scott Wells, Deputy Fed. Coordinating Offi cer, FEMA, in Baton Rouge, LA (Nov. 9, 2005). 91 Id. 92 Interview by Select Comm. Staff with Jiff Hingle, Sheriff, Plaquemines Parish, LA, in New Orleans, LA (Nov. 7, 2005) [hereinafter Interview

with Sheriff of Plaquemines Parish, LA]. 93 Id.

A FAILURE OF INITIATIVE 305

94 Nov. 9 Interview with Dr. Stephens. 95 Dec. 19 Interview with Dr. Stephens. 96 City of New Orleans Offi ce of Emergency Preparedness. 97 Dec. 19 Interview with Dr. Guidry. 98 Interview by Select Comm. Staff with Glen Menard, Gen. Manager, New Orleans Superdome and Sports Arena, in New Orleans, LA, (Dec. 19,

2005) [hereinafter Dec. 19 Interview with Glen Menard]. 99 Dec. 19 Interview with Dr. Stephens. 100 Dec. 19 Interview with Dr. Guidry. 101 Dec. 19 Interview with Glen Menard; Dec. 19 Interview with Dr. Stephens. 102 Dec. 19 Interview with Glen Menard. 103 Dec. 19 Interview with Dr. Stephens. 104 See generally, Daily Video Teleconferences among offi cials dated Aug. 25 - Sept. 4, 2005 [hereinafter Daily VTC]. State and local offi cials from

each of the affected areas met daily with offi cials from, among other agencies, FEMA, and the Nat’l Hurricane Ctr. 105 Dec. 19 Interview with Glen Menard. 106 Telephonic Interview by Select Comm. Staff with Glen Menard, Gen. Manager of the New Orleans Superdome and the Sports Arena, in Wash.,

DC (Jan. 27, 2006). 107 Interview with FEMA and NDMS. 108 Larry Margasak, Government Prepares for Next Big Disaster, ASSOC. PRESS, Jan. 1, 2006. 109 Interview with Warren Reuther. 110 The Big Disconnect on New Orleans, CNN.com, Sept. 2, 2005, available at http://www.cnn.com/2005/US/09/02/katrina.response/ (last visited

Jan. 30, 2006). 111 Interview with Warren Reuther. 112 Id. 113 Id. 114 E-mail correspondence from John J. Jordan, COL, U.S. Army to John Yingling, et al. (Sept. 3, 2005) (8:53 a.m.). 115 Interview with Warren Reuther. 116 Interview by Select Comm. Staff with Dr. Gregory S. Henderson, M.D., PhD., Ochsner Clinic Found., in New Orleans, LA (Jan. 19, 2006). 117 Id. 118 Id. 119 Id. 120 Id. 121 Id. 122 Id. 123 Id. 124 Id. 125 Dep’t of Veterans Affairs, S. Cent. VA Health Care Network (VISN 16) Emergency Mgmt. Program Standard Operating Procedure, NO. 10N16-1

(Sept. 30, 2004) [hereinafter Sept. 30 Veterans Affairs Document]. 126 Id. 127 Veterans Affairs Med. Ctr., Biloxi, State of Miss., Miss. Emergency Plan (Section A) (2005) at A-5 [Biloxi Veterans Affairs Med. Ctr. Plan]. 128 Id. at A-7. 129 Veterans Affairs Med. Ctr., City of New Orleans, State of La., Emergency Mgmt. Plan at I-1 [New Orleans Veterans Affairs Med. Ctr. Plan]. 130 Id. at I-7. 131 Id. at I-10. 132 Id. at III-6. 133 Med. Ctr. of LA at New Orleans (MCLNO), the Emergency Management Manual (2005) [hereinafter MCLNO Plan]. 134 Id. 135 Id. 136 New Orleans Offi ce of Emergency Preparedness, Hurricane Preparedness Plan, used by Pendleton Methodist Hosp. (2003) at 9 [New Orleans

Hosp. Hurricane Plan]. 137 Id. at 1. 138 Id. at 3. 139 Hospital Cries Out for Help New Orleans Charity Hospital (Good Morning America television broadcast, Sept. 2, 2005). 140 Interview by Select Comm. Staff with Larry Graham, former CEO, Pendleton Methodist Hosp. in New Orleans, LA (Dec.19, 2005) [hereinafter

Interview with Larry Graham]. 141 Nov. 10 Interview with LA Hosp. Ass’n. 142 Interview with Larry Graham. 143 Nov. 7 Interview with Dr. Guidry. 144 Elizabeth White, Veterans Affairs’ Hurricane Efforts Heralded, ASSOC. PRESS, Sept. 9, 2005. 145 Briefi ng for Select Comm. Staff by Dep’t of Veterans Affairs, in Wash., DC (Nov. 4, 2005); Press Release, Dep’t of Veterans Affairs, VA Evacuates

Patients from Hurricane Area (Sept. 2, 2005). 146 Interview by Select Comm. Staff with Donald Smithburg, CEO, LSU Health Sciences Ctr./Healthcare Services Div., in New Orleans, LA (Dec.

19, 2005) [hereinafter Dec. 19 LSU Interview]. 147 Id. 148 Id. 149 Id.

306 A FAILURE OF INITIATIVE

150 E-mail correspondence from KC Decker, HHS/OS to Erin Fowler, HHS/OS (Sept. 1, 2005) (9:06 a.m.). 151 Dec. 19 LSU Interview. 152 Interview with Larry Graham. 153 Id. 154 Id. 155 Id. 156 Email correspondence from Jennifer Young, HHS/OS to Alex Azar and Stewart Simonson, HHS/OS (Sept. 2, 2005) (10:50 a.m.). 157 Interview with Larry Graham. 158 CNN NewsNight with Aaron Brown (CNN Television Broadcast, Sept. 20, 2005). 159 Sept. 25, OR-2 DMAT After Action Report. 160 Hemant Vankawala, A Doctor’s Message from Katrina’s Front Lines, (National Public Radio, Sept. 2005), available at www.npr.org (last visited Jan.

30, 2006) [hereinafter A Doctor’s Message, Hemant Vankawala]. 161 Interview with FEMA and NDMS. 162 Dec. 8 FEMA Press Release. 163 DOD Provides Care Article. 164 Sept. 25, OR-2 DMAT After Action Report. 165 Id. 166 A Doctor’s Message, Hemant Vankawala. 167 Sept. 25, OR-2 DMAT After Action Report. 168 Id. 169 Id. 170 Briefi ng for Select Comm. Staff with the Assoc. of Air Med. Services personnel in Wash., DC (Oct. 18, 2005) [hereinafter Briefi ng with Air Med.

personnel]; Assoc. of Air Med. Services, Air Medical Community Response to Hurricane Katrina Disaster: Hospital Evacuation and Patient Relocation by Helicopter and Fixed Wing Aircraft Report (Jan. 9, 2006) [hereinafter Air Med. Report].

171 Id. 172 Briefi ng with Air Med. personnel. 173 Id. 174 Briefi ng with Air Med. personnel; Air Med. Report. 175 Id. 176 Briefi ng with Air Med. personnel. 177 Air Med. Report. 178 Briefi ng with Air Med. personnel. 179 Briefi ng with Air Med. personnel. 180 Briefi ng with Air Med. personnel; Air Med. Report. 181 Id. 182 Air Med. Report. 183 Id. 184 Briefi ng with Air Med. personnel; Air Med. Report. 185 Air Med. Report. 186 Briefi ng with Air Med. personnel; Air Med. Report. 187 Briefi ng with Air Med. personnel. 188 Biloxi Veterans Affairs Med. Ctr. Plan. 189 Biloxi Veterans Affairs Med. Ctr. Plan (SSHP Appendix). 190 Id. 191 Id. 192 New Orleans Veterans Affairs Med. Ctr. Plan. 193 Id. 194 MCLNO Plan. 195 New Orleans Hosp. Hurricane Plan. 196 Id. 197 Id. 198 Interview with Larry Graham. 199 Id. 200 American Morning (CNN Television Broadcast, Sept. 30, 2005). 201 Stephen Losey, Katrina Response Marred by Communication Failures, FED. TIMES (Oct. 3, 2005) [hereinafter Communications Failures Article]. 202 Communications Failures Article. 203 Dec. 19 LSU Interview. 204 Id. 205 Randolph Schmid, Lack of Disease Outbreak Following Katrina ‘Amazing,’ to Health Director, ASSOC. PRESS (Oct. 20, 2005). 206 Dec. 19 Interview with Dr. Stephens. 207 Interview by Select Comm. Staff with COL Kenneth Knight, Chief, Air Force Med. Operations Ctr., in Wash., DC (Oct. 13, 2005). 208 Interview by Select Comm. Staff with COL Faulk, Air Nat’l Guard Surgeon, in Wash., DC (Oct. 7, 2005). 209 National Guard Bureau, [Hurricane Katrina: After Action Review Observations] (undated). 210 Communications Failures Article.

A FAILURE OF INITIATIVE 307

211 Interview by Select Comm. Staff with Dr. Robert Blitzer, Deputy Assistant Sec’y, Offi ce of Public Health Emergency Preparedness, in Wash., DC (Oct. 10, 2005).

212 Interview by Select Comm. Staff with Dr. Gerald Parker, Principal Deputy Assistant Sec’y, Offi ce of Public Health Emergency Preparedness, in Wash., DC (Oct. 10, 2005).

213 Interview with HHS. 214 Interview by Select Comm. Staff with Jack Beall, Chief, Nat’l Disaster Med. System, in Wash., DC (Jan. 23, 2006) [hereinafter Jan. 23 Interview

with Jack Beall]. 215 Id. 216 Sept. 25, OR-2 DMAT After Action Report. 217 E-mail correspondence from Mark Hansey to EOC IST (Aug. 31, 2005) (3:12 a.m.). 218 E-mail correspondence from Ron Burger to EOC Report (Sept. 5, 2005) (7:41 a.m.). 219 E-mail correspondence from Edwin Shanley, CDC Liaison, to EOC Report (Sept. 5, 2005) (3:34 p.m.). 220 E-mail correspondence from Robert Lavender, HHS/OS, to HHS personnel (Sept. 5, 2005) (3:24 p.m.). 221 Sept. 25, OR-2 DMAT After Action Report. 222 Roma Khanna, Nursing Homes Left Residents With Weak Safety Net, HOUSTON CHRONICLE (Dec. 11, 2005) [hereinafter Nursing Homes

Article]. 223 Nov. 7 Interview with Dr. Guidry. 224 Nursing Homes Article. 225 Id.; Jan. 19 Interview with Michael Ford, et al.; Nov. 10 Interview with LA Hosp. Ass’n. 226 Katrina: New Orleans DA to Investigate Hospital Deaths, NAT’L J. GROUP, AMERICAN HEALTH LINE (Jan. 18, 2006). 227 Jan. 19 Interview with Michael Ford, et al. 228 Jan. 19 Interview with Michael Ford, et al; Plaquemines Parish Gov’t, Phase 1 Mandatory Evacuation Notice (Aug. 27, 2005) (9:00 a.m.). 229 Jan. 19 Interview with Michael Ford, et al. 230 Id. 231 Id. 232 Reports Show Staff Tried to Save Lives at St. Rita’s, NEWS-STAR, Monroe, LA (Nov. 29, 2005) at 1A [hereinafter St. Rita’s Article]. 233 Jan. 19 Interview with Michael Ford, et al. 234 Press Release, Offi ce of Attorney General, State of LA, Nursing Homes Owners Surrender to Medicaid Fraud Control Unit Investigators (Sept.

13, 2005). 235 Id. 236 St. Rita’s Article. 237 Marianne Kolbasuk McGee, Storm Shows Benefi t, Failures of Technology, INFO. WEEK, (Sept. 12, 2005) [hereinafter Failures of Technology

Article]. 238 Id. 239 Lauran Neergaard, Katrina Highlights Need for Computerized Medical Records, ASSOC. PRESS (Sept. 13, 2005) [hereinafter Need for

Computerized Medical Records Article]. 240 Id. 241 Dec. 19 Interview with Dr. Stephens. 242 Failures of Technology Article. 243 Id. 244 “Katrina Health,”available at www.katrinahealth.org (last visited Jan. 20, 2006). 245 Id. 246 Id. 247 Need for Computerized Medical Records Article. 248 Id. 249 Press Release, HHS, HHS Enters Into Agreements to Support Digital Health Recovery for the Gulf Coast (Nov. 17, 2005). 250 Id. 251 Interview with FEMA and NDMS. 252 E-mail correspondence from Pamela Williams, DHS, to Jay Lerner (Jan. 27, 2005) (6:41 p.m.). 253 Interview with HHS. 254 Id. 255 Id. 256 Id. 257 E-mail correspondence from Mark Roupas, USACE Liaison to Paul McHale, HON, OSD (Aug. 29, 2005) (5:54 p.m.). 258 Interview with HHS. 259 Minority Staff Of House Comm. On Gov’t Reform, Special Investigations Div., 109th Cong., Report On The Decline Of The National Disaster

Medical System (2005). 260 Interview with HHS. 261 Jan. 23 Interview with Jack Beall. 262 Sept. 25, OR-2 DMAT After Action Report. 263 Id. 264 Jan. 23 Interview with Jack Beall. 265 Congressional Research Service [hereinafter CRS], Rep. No. 33096 at 5 (Oct. 4, 2002). 266 Id. at 24. 267 NRP at ESF#8.

308 A FAILURE OF INITIATIVE

268 E-mail Correspondence from John Nesler, Dep’t of Def. [hereinafter DOD] to Millard Bell, DHS (Sept. 4, 2005) (12:56 p.m.). 269 Id. 270 Id. 271 Interview with HHS. 272 Id. 273 E-mail correspondence from John Jordan, U.S. Army to Army, DHS, and NORTHCOM personnel (Sept. 5, 2005) (10:03 a.m.). 274 Lara Jakes Jordan, Slow Removal of Katrina Bodies Caused by Louisiana Governor’s Indecision, Memos Say, ASSOC. PRESS (Oct. 27, 2005). 275 Id. 276 E-mail correspondence from Keith Holtermann, Incident Manager, HHS/SOC to FEMA and HHS personnel (Sept. 5, 2005) (9:46 p.m.). 277 Id. 278 E-mail correspondence from Keith Holtermann, Incident Manager, HHS/SOC to Robert Blitzer, HHS/OS and other personnel (Sept. 6, 2005)

(6:35 a.m.). 279 Id. 280 DOD Provides Care Article. 281 E-mail correspondence from Phil Navin, Div. of Emergency Operations, CDC to EOC Report and personnel (Aug. 30 2005) (8:00 p.m.). 282 E-mail correspondence from Andy Hunt, Commander, USPHS to John Mallos, BSN, RN, LCDR, USPHS, OSG (Sept. 2, 2005) (1:06 p.m.). 283 E-mail correspondence from David Elder, FDA to John Mallos, BSN, RN, LCDR, USPHS, OSG (Sept. 4, 2005) (11:17 p.m.). 284 E-mail correspondence from John Mallos, BSN, RN, LCDR, USPHS, OSG to Kurt Kesteloot, Environmental Engineer, USPHS (Sept. 4, 2005)

(6:18 p.m.). 285 E-mail correspondence from John Mallos, BSN, RN, LCDR, USPHS, OSG to [email protected] (Sept 1, 2005) (7:58 p.m.). 286 E-mail correspondence from Nick Makrides, BOP GOV to John Mallos, USPHS (Sept. 1, 2005) (8:32 a.m.). 287 E-mail correspondence from Mark Tedaesco, USCG/USPHS to John Mallos, USPHS, OSG (Aug. 30, 2005) (5:12 p.m.). 288 E-mail correspondence from John Mallos, BSN, RN, LCDR, USPHS, OSG to FEMA and HHS personnel (Sept. 5, 2005) (7:01 a.m.). 289 E-mail correspondence from Robert Blitzer, OS to OS staff (Sept. 9, 2005) (10:35 a.m.). 290 E-mail correspondence from Keith Holtermann, Incident Manager, HHS/SOC to HHS personnel (Sept 22, 2005) (2:48 a.m.). 291 E-mail correspondence from Edwin Shanley, CDC Liaison to Debra Townes, CDC (Sept 7, 2005) (8:35 p.m.). 292 http://www.comfort.navy.mil (last visited Jan. 26, 2006). 293 Response from U.S.N. Command to Select Comm. Staff (Oct. 26, 2005). 294 Henry J. Holcomb, Rerouted: Sen. Lott of Miss. Steps into Divert Hospital Ship, PHILA. INQUIRER, Sept. 10, 2005 at A01. 295 E-mail correspondence from Bruce Burney, CDC to CDC personnel (Sept. 9, 2005) (7:41 a.m.). 296 E-mail correspondence from Gregory Banner, HHS/OS to KC Decker, HHS/OS (Sept. 9, 2005) (10:39 p.m.). 297 E-mail correspondence from Keith Holtermann, Incident Manager, HHS/SOC to HHS and TX personnel (Sept. 22, 2005) (12:44 a.m.). 298 Sept. 25, OR-2 DMAT After Action Report. 299 E-mail correspondence from Jon Ferko, Special Assistant to Paul McHale (Sept. 2, 2005) (1:27 p.m.).

A FAILURE OF INITIATIVE 309

310 A FAILURE OF INITIATIVE

“We were then lured to the so-called evacuation points. This was several

days after the hurricane had struck. The city was fl ooded ... They loaded

us onto military trucks after they told us they would take us to shelters

where our basic needs would be met.”

“We were in a wide open space along the interstate and under the

Highway 10 causeway. The overpass provided little shade, however ...

It was early September and still extremely hot. Our skin blistered. My

mother’s skin is still not fully healed.”

Leah Hodges

New Orleans Citizen and Evacuee

Select Committee Hearing, December 6, 2005

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SHELTER AND HOUSING

Long-standing weaknesses and the magnitude of the disaster overwhelmed FEMA’s ability to provide emergency shelter and temporary housing

Summary

Like food and water, shelter is a basic human need.

Hurricane Katrina transformed thousands of people’s

lives into a battle for survival — and, for some, fi nding

adequate shelter proved at least as diffi cult as fi nding

something to eat or drink.

Katrina, of course, was a powerful storm that hit

vulnerable areas, requiring more than traditional

solutions for immediate shelter and, later, temporary

housing. Louisiana and Mississippi immediately were

faced with thousands and thousands of the suddenly

homeless, without the ability to provide emergency shelter

or longer-term housing for all of them. Within a month,

44 states had played a role in sheltering the evacuees from

Hurricanes Katrina and Rita.

But it is clear state and local governments in the areas

most affected by the hurricanes were not adequately

prepared. They failed to learn important lessons from

the Hurricane Pam exercise, and lacked the necessary

information about temporary housing. Shelters of last

resort, designed for people to take refuge in the immediate

hours before and after landfall (such as the Superdome),

were not of suffi cient capacity. Instead, the Superdome,

itself located in a fl oodplain, had to bear a burden for

which it was not prepared. The New Orleans Convention

Centre, never planned as a shelter, became one out of

sheer necessity and improvisation.

There was no comprehensive database of available

shelters, which only complicated relief efforts. There

were also delays in getting people out of shelters and

into temporary housing. And FEMA’s strategy of ordering

200,000 trailers and mobile homes shortly after the storm

was blind to the nation’s manufacturing capacity of 6,000

units per month.

Housing issues remain a tremendous concern

for residents of the Gulf coast affected by Hurricane

Katrina. Local elected offi cials in both Louisiana and

Mississippi remain disappointed in FEMA’s pace in setting

up temporary housing. Debate over how long rental

assistance will continue rages on. The question of where

to build, or re-build, in the Gulf coast is the subject of

great debate, both locally and nationally, as is who will

pay for it. However, the long-term housing challenges

in the Gulf coast are beyond the scope of the Select

Committee’s inquiry and are not covered in this report.

Our charge was to examine the immediate response, not

the recovery. We are certain the longer-term issues will

continue to be discussed by others in Congress.

“Scooter: Please see below. The trailer idea is worse than I

originally thought. Per the data below, the last batch of the

trailers that we are now purchasing will be coming off the

production line in approximately 3.5 years.”

E-mail from Neil S. Patel, Staff Secretary to the

Vice President, to Charles P. Durkin, Personal Aide to the

Vice President, (apparently destined for Chief of Staff J.

Lewis “Scooter” Libby, Jr.), September 9, 2005

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Finding: Relocation plans did not adequately provide for shelter. Housing plans were haphazard and inadequate

Shelter needs overwhelmed state and local governments

Initially, Hurricane Katrina displaced more than a million

Gulf coast residents. As in most natural disasters, some

evacuees only needed short-term shelter and were able to

return home after the immediate crisis passed. However,

because of the magnitude of the storm, hundreds of

thousands remained displaced — for days, weeks, even

months. Many are homeless today.

For example, Louisiana had

563 American Red Cross or state

emergency shelters with a peak

population of 146,292 in the early

days following Hurricane Katrina’s

landfall.1 Additionally, Louisiana

had 10 special needs shelters

that housed 2,480 persons.2

In Mississippi, initial damage

estimates projected 120,000

individuals needing emergency

temporary housing.3 A month

after the storm, 44 states and the

District of Columbia have been

given emergency declarations to

cover expenses related to sheltering

evacuees forced from their homes

by Hurricanes Katrina and Rita.4

In a catastrophic event like

Katrina, many evacuees may be displaced for a longer

than normal period of time or may permanently lose

their housing. As FEMA and state offi cials learned from

the Hurricane Pam exercise, temporary housing was an

area of weakness.5 Deputy FCO Scott Wells noted there

were several follow-up items from the Hurricane Pam

Exercise that state and local governments failed to execute,

including developing more detailed concepts and plans

on sheltering and temporary housing.6 Similarly, Alabama

state and local government plans lack information about

temporary housing.7

Finding: State and local governments made inappropriate selections of shelters of last resort. The lack of a regional database of shelters contributed to an ineffi cient and ineffective evacuation and sheltering process

The evacuation of millions of people prior to Hurricane

Katrina’s landfall created an urgent need to identify, and

direct people to, suitable shelters. Offi cials had worried

about the high number of people who would ignore

hurricane evacuation orders in coastal areas.8 Indeed,

thousands of people in New Orleans did not obey the

mandatory evacuation order.

Shelters of last resort — places

for persons to be protected

from the high winds, storm

surge, and heavy rains, but

with little or no water or food

— were needed for those who

did not or could not evacuate

the area.

A shelter of last resort is

intended to provide the best

available survival protection

for the duration of the

hurricane only.9 In Louisiana,

emergency operations plans

required shelters of last resort

to be located outside of the

fl oodplain, or have the ability

to locate on fl oors elevated

above fl ood potential, and have

a hurricane wind resistant structure.10 The Superdome was

used as a shelter of last resort even though it was located

in a fl oodplain. In addition, the Superdome roof suffered

extensive wind damage, demonstrating that it was not a

hurricane wind resistant structure.

Many residents who took refuge in the Superdome

found conditions there unbearable. Some tried to leave,

only to fi nd themselves trapped by the fl oodwaters that

surrounded the hulking structure. Cleo Fisher, an 86-year-

old resident of Bywater, told a local newspaper that he left

the dome to try to get some heart medications.11 He didn’t

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get far — and, in fact, had to be rescued after he fell into

the nearby water — but he did not want to return inside,

either.12

“It’s worse than being in prison in there,” he said.

“They don’t have nothing for me.”

Even some of the police offi cers and military personnel

charged with keeping order inside the dome became

frustrated with the lack of organization.

“This plan,” said one police offi cer, “was no plan.”13

Although some local emergency plans call for the

identifi cation of local shelters, in a multi-state disaster,

a compilation of available shelters in the region may be

more appropriate. Government offi cials did not have a

comprehensive database from which to identify suitable

and available shelters; therefore, identifi cation of alternate

shelter locations was done on an ad hoc basis.14 Because

of the lack of a database of shelters, local, state, and

federal offi cials have had a diffi cult time identifying the

numbers and locations of displaced individuals.15 This

lack of information has complicated the relief effort, and

led to the ineffi cient use of shelter resources.

The lack of a comprehensive means for tracking

evacuees has exacerbated diffi culties in reuniting family

members and in determining accurate counts of people

so as to more accurately provide for their needs 16 Out of

human nature, evacuees tend to go to the most convenient

and familiar shelter they can fi nd, even though it may be

inadequate. A database could be a helpful resource for

planning and providing emergency public information.

Similar initiatives have been proposed previously during

the Cold War as part of civil defense, such as Crisis

Relocation Planning.17

Finding: There was inappropriate delay in getting people out of shelters and into temporary housing — delays that offi cials should have foreseen due to manufacturing limitations

Dr. Gavin Smith told a congressional committee that

“[w]ithout the rapid provision of temporary and

permanent housing solutions, recovery will be slowed or

fail to occur in a manner that meets the needs of disaster

victims . . ..”18 Although temporary housing efforts

in the wake of Katrina have far exceeded any previous

effort, individuals remained in shelters for unacceptably

long periods of time. Temporary housing efforts have

fallen short of meeting demand. Federal, state, and local

agencies failed to implement a successful program to

shelter and place many evacuees in temporary housing.

FEMA established a Housing Area Command

to oversee all temporary housing operations across

Louisiana, Mississippi, and Alabama.19 Although this

group began identifying available land prior to landfall,

temporary housing efforts suffered from delays. A

Mississippi recovery offi cial hailed FEMA for “the fastest

deployment of temporary housing units to a disaster-

stricken area since the program was established,” but also

noted the effort has not been good enough.20 Specifi cally,

he noted that operational and long-term planning and

inter-organizational coordination remains unrealized,

and the current approach is not suffi cient to address the

needs of communities and states following a catastrophic

disaster like Hurricane Katrina.21

Due to the massive need for temporary housing, the

federal government put together a plan that included

a combination of old and new housing strategies,

including housing people in trailers and on cruise ships.22

Evacuees tend to go to the most convenient and familiar shelter they can fi nd, even though it may be inadequate.

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Additionally, FEMA used hotels to serve as temporary

emergency lodging, utilizing 85,000 rooms nationwide

at the program’s peak.23 However, state and local offi cials

complained of poor coordination by FEMA on these

temporary housing solutions.24 Immediately following

the storm, FEMA contracted with cruise ships to provide

transitional housing for hurricane victims close to the

disaster area.25 Many evacuees rejected this option,

something that perhaps could have been avoided if

there had been better coordination beforehand. Many

individuals felt they needed to focus on fi nding jobs and

obtaining permanent housing.26

Although FEMA began strategic housing planning

before Katrina’s landfall, and the private sector mobilized

quickly to fi ll FEMA’s manufactured housing demand,

many issues also have plagued the relocation into

this form of temporary housing. Mississippi Federal

Coordinating Offi cer (FCO) William Carwile testifi ed that

over 24,000 travel trailers and mobile homes had been

occupied in Mississippi.27 FEMA logistics has reported that

nine trains a week have been carrying approximately 90

trailers per train into the Gulf region. And, on January 11,

2006, FEMA announced that nearly 62,000 travel trailers

and mobile homes were serving as temporary homes for

Hurricane Katrina and Rita victims.28 This number nearly

tripled the number of units used following all of last year’s

Florida hurricanes and far outnumbered any housing

mission in FEMA’s history.29

Despite this commendable effort, housing still falls

short of the overwhelming need. There are still delays

in getting evacuees into trailers once they are delivered,

due to among other things infrastructure, zoning, and

environmental issues.30 In Mississippi, the lack of working

utilities for private sites and environmental and zoning

issues with group sites have delayed the installation of

travel trailers and mobile homes.31

FEMA’s strategy of ordering 200,000 trailers and mobile

homes shortly after the storm was blind to the nation’s

manufacturing capacity of 6,000 units per month. On

Friday, September 9, staff to the Vice President and Offi ce

of Management and Budget (OMB) offi cials ratcheted up

concerns about FEMA’s decision to rely on trailers and

mobile homes to house displaced residents.32 Special

Assistant to the Vice President Marie Fishpaw wrote in an

e-mail to Patel:

FEMA have (sic) set up arrangements to order

200,000 units of trailers (and mobile homes) and

committed up to $500 million to do so. They want

to get 30,000 units (79% of the existing market)

soon. FEMA plans to order another 100,000 units.

OMB and OVP staff remain skeptical about this

strategy. The nation can produce 6,000 units

per month. There is probably some capacity

for expansion (possibly by about 10%) to meet

increased demand, but we don’t know how much.

That means most of these units won’t be available

for months. Further, some states, including

Louisiana, are balking at the idea of large (25,000

units, as proposed by FEMA) trailer parks. We got all

this info from OMB career staff.33

That message was then forwarded, apparently intended

for then Chief of Staff to the Vice President, “I Lewis

Libby, Jr.: “Please see below. The trailer idea is worse than

I originally thought. Per the data below, the last batch of

the trailers that we are now purchasing will be coming off

the production line in approximately 3.5 years.”34

Finding: FEMA failed to take advantage of HUD’s expertise in large-scale housing challenges

FEMA has been working in partnership with the U.S.

Department of Agriculture (USDA), the Department of

Veterans Affairs (VA), and the Department of Housing

and Urban Development (HUD) to meet the challenge

of fi nding and securing suffi cient rental assets to meet

the huge demands created by mass evacuations. By early

Housing still falls short of the overwhelming need. There are still delays in getting evacuees into trailers once they are delivered, due to among other things infrastructure, zoning and environmental issues.

A FAILURE OF INITIATIVE 315

FEMA has shown fl exibility by

allowing those individuals to

be eligible for additional rental

assistance, use of a voucher system

similar to the one administered by

HUD could have prevented this

mistake.

In this case, FEMA failed to

take full advantage of HUD’s

expertise and perspective on

large-scale housing challenges,

such as the agency’s experience

with voucher programs. HUD and

public housing authorities have the

expertise and infrastructure to help

non-HUD clients during disasters.

Conclusion

Despite this Herculean effort, state offi cials feel there

has been a lack of coordination within the interagency

community causing delay in relocating and housing

people.45 Although the federal government has shown

some ingenuity in coming up with unique solutions such

as lodging on cruise ships, and orchestrated the largest

mobilization of temporary housing units in history, both

of these solutions have proven inadequate.

Carwile, the Mississippi FCO, noted the need for taking

a new look at housing solutions:

In Mississippi, while temporary housing has

been provided in numbers far exceeding any

previous effort, this success is obscured by the

overwhelming need and an exceptionally long

period of time that people remain in shelters.

New methodologies must be examined and

implemented to take care of Americans in need of

humane housing while in a catastrophic event.46

The devastation caused by Hurricane Katrina was

heartbreaking enough for the people who lost their

homes. Sadly, however, the days and weeks and months

that followed provided little relief. The government plans

for their shelter were far from adequate. ■

December 2005, 5,000 displaced families had been placed

in federal housing of some sort.35 USDA has offered units

from their own inventory, placing 974 families from

Louisiana alone.36

Additionally, FEMA has concluded an inter-agency

agreement with the VA to rent unused VA housing units

to evacuees, and FEMA is pursuing a similar arrangement

with Fannie Mae.37 On September 12, 2005, FEMA signed

an Interagency Agreement with HUD.38 This agreement

identifi ed and made available 5,600 HUD single-family

homes.39 Hundreds of disaster victims have made these

homes their temporary residences, including 207 families

in Texas.40

FEMA and HUD have also partnered on the Katrina

Disaster Housing Assistance Program (KDHAP), a

transitional housing assistance program funded by FEMA

and administered by HUD and the network of public

housing authorities. Through KDHAP, HUD is providing

vouchers to evacuees previously receiving public housing

assistance, as well as evacuees who were homeless prior to

the hurricane.41 By December 2005, nearly 15,000 families

received rental assistance through KDHAP.42

In contrast, FEMA has used direct payments to

evacuees to provide rental assistance to more than

500,000 applicants, totaling more than $1.2 billion.43

Unfortunately, many displaced households received their

initial rental assistance before receiving mailed guidance

and did not use this assistance for housing, but instead

used it to meet other disaster-related needs.44 Although

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316 A FAILURE OF INITIATIVE

1 Hearing on Housing Options in the Aftermath of Hurricanes Katrina and Rita Before the Comm. on Financial Services Subcomm. on Housing and Community Opportunity, 109th Cong. (Jan. 13-14, 2006) at 3 (written testimony of Scott Wells, Federal Coordinating Offi cer for LA, FEMA) [hereinafter Jan. 13-14, 2006 Financial Services Comm. Hearing].

2 Id. 3 Id. (written testimony of James N. Russo, Federal Coordinating Offi cer for MS, FEMA) at 3. 4 FEMA, 2005 Federal Disaster Declarations, http://www.fema.gov/news/disasters.fema?year=2005 (last visited Jan.12, 2006). 5 Interviews by Select Comm. Staff with FEMA and Louisiana State offi cials in New Orleans, LA (Nov. 3-10, 2005). 6 Interviews by Select Comm. Staff with FEMA offi cials in New Orleans, LA (Nov. 3-10, 2005). 7 Alabama Emergency Management Agency, State of AL Emergency Operations Plan, Oct. 1, 2000. 8 Timothy R. Brown, Miss. Governor Declares State of Emergency as Katrina Nears, LEDGER-ENQUIRER, Columbus, GA, Aug. 27, 2005. 9 State of LA Emergency Operations Plan Supplement 1B, Southwest LA Hurricane Evacuation and Sheltering Plan, (July 2000)

at VI-1. 10 State of LA Emergency Operations Plan Supplement 1C: Louisiana Shelter Operations Plan, (July 2000). 11 Gordon Russell, Refuges Find Dome An Intolerable Refuge, NEW ORLEANS TIMES-PICAYUNE, Sept. 1, 2005, 5. 12 Id. 13 Id. 14 DHS HSOC SPOT Report prepared by Matthew Thompson, NRCC (Aug. 31, 2005). 15 Jan Moller, La. seeks help compiling evacuee shelter database, NEW ORLEANS TIMES-PICAYUNE, Sept. 10, 2005, A-7. 16 Shankar Vedantam and Dean Starkman, Lack of Cohesion Bedevils Recovery, WASHINGTON POST, Sept. 18, 2005, A01. 17 B. Wayne Blanchard, FEMA, American Civil Defense 1945-1984: The Evolution of Programs and Policies, (National Emergency Center Monograph

Series Vol. 2, No. 2, 1985) at 19-20. 18 Jan. 13-14, 2006 Financial Services Comm. Hearing (written testimony of Dr. Gavin Smith, Director, Offi ce of Recovery and Renewal, Offi ce of

Gov. Barbour) at 2. 19 FEMA News Release, FEMA Contracts to Provide Housing Relief for Displaced Hurricane Victims, Sept. 8, 2005. 20 Jan. 13-14, 2006 Financial Services Comm. Hearing (written testimony of Gavin Smith) at 1. 21 Id. 22 Rick Weiss, Victims’ Next Homes: Cruise Ships, Trailers, WASHINGTON POST, Sept. 5, 2005, A15. 23 Jan. 13-14, 2006 Financial Services Comm. Hearing (written testimony of Scott Wells) at 4. 24 Audio recordings of Hurricane Katrina Conference Calls, LA State Emergency Operations Center (Aug. 26-28, 2005, Sept. 9, 2005). 25 FEMA, News Release, Temporary Housing for Hurricane Katrina Evacuees Includes Cruise Ships, FEMA Reports, Sept. 4, 2005. 26 Shankar Vedantam and Dean Starkman, Lack of Cohesion Bedevils Recovery, WASHINGTON POST, Sept. 18, 2005. 27 Hearing on Hurricane Katrina: Preparedness and Response by the State of Mississippi Before Select Comm., 109th Cong. (Dec. 7, 2005) at 8 (written

testimony of William L. Carwile, III, former Federal Coordinating Offi cer, Hurricane Katrina Response and Initial Recovery Operations: MS). 28 FEMA, By the Numbers: FEMA Recovery Update for Hurricanes Katrina & Rita, Jan. 11, 2006. 29 Id. 30 Interview by Select Comm. Staff with Gary Moore, Director of Logistics, FEMA, in Washington, DC (Jan. 9, 2006). 31 Jan.13-14, 2006 Financial Services Comm. Hearing (written testimony of James N. Russo) at 7. 32 See Aimee Curl, Federal-Local Confl icts Keep Victims Out of FEMA Trailers, FEDERAL TIMES, Jan. 16, 2006. 33 E-mail correspondence from Marie Fishpaw, Special Assistant to the Vice President, to Neil Patel, Staff Secretary to the Vice President, (Sept. 9,

2005) (1:41 p.m.). 34 E-mail correspondence from Neil Patel to Charles Durkin, (Sept. 9, 2005) (1:49 p.m.) 35 Hearing on Housing Options in the Aftermath of Hurricanes Katrina and Rita Before the Comm. on Financial Services Subcomm. on Housing and

Community Opportunity, 109th Cong. (Dec. 8, 2005) at 12 (written testimony of David Garratt, Acting Director, Recovery Division, EMA) [hereinafter Dec. 8, 2005 Financial Services Comm. Hearing].

36 Id. at 12. 37 Id. 38 Id. (written testimony of Brian Montgomery, Assistant Secretary for Offi ce of Housing/Federal Housing Commissioner, HUD) at 4. 39 Id. 40 Id. (written testimony of David Garratt) at 13. 41 Id. at 13-14. 42 Id. (written testimony of Brian Montgomery) at 6. 43 Id. (written testimony of David Garratt) at 6. 44 Id. at 6-7. 45 Jan.13-14, 2006 Financial Services Comm. Hearing (written testimony of Gavin Smith) at 1. 46 Hearing on Hurricane Katrina: Perspectives of FEMA’s Operational Professionals, Before the Senate Committee on Homeland Security and Governmental

Affairs, 109th Cong. (Dec. 8, 2005) at 37 (testimony of William L. Carwile, III, former Federal Coordinating Offi cer, Hurricane Katrina Response and Initial Recovery Operations: MS).

A FAILURE OF INITIATIVE 317

318 A FAILURE OF INITIATIVE

“[O]ne of the lessons that we need to learn from this catastrophic event

is that we do need to get better about marshaling those assets and moving

them around. I will tell you up front, FEMA has a logistics problem, we

have a problem understanding all the time. I can point out where our

stuff is and I can point out where it’s supposed to go to; I can’t always

tell you that it actually got there.” Michael D. Brown

Former FEMA Director

Select Committee Hearing, September 27, 2005

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A FAILURE OF INITIATIVE 319

LOGISTICS AND CONTRACTING

FEMA logistics and contracting systems did not support a targeted, massive, and sustained provision of commodities

Katrina overwhelmed the Federal Emergency Management

Agency (FEMA) management and overloaded its logistics

system. Response and relief personnel had little visibility

into available federal assets and resources. The process

for requesting assistance could not support the volume

of requests, and the technology supporting that process

proved inadequate. Federal, state, and local offi cials

requested assistance outside existing channels with little

coordination and communication. “[M]anagement by

crisis would be the best way I could put it,” said Kip

Holden, Mayor of East Baton Rouge Parish.1

By September 9, Congress had passed legislation

providing over $63 billion to the Department of

Homeland Security (DHS) for disaster relief.2 The

circumstances and urgent needs created by Hurricane

Katrina provided signifi cant opportunity for fraud and

mismanagement, and the DHS Offi ce of Inspector General

(OIG) estimates the cost to recover from the storm and

rebuild the affected areas could exceed $200 billion.3

As of November 30, 2005, $19.3 billion has been

obligated to needs resulting from Hurricane Katrina.4 The

funds have been used to relieve the immediate suffering

of individuals and families, clear debris, reimburse federal

agencies for the costs of technical and direct assistance,

and support federal operations such as search and rescue,

and delivery of consumables. The $19 billion has been

obligated as follows:

■ $8 billion for human service needs including

unemployment compensation, personal needs that

are not met by insurance, and temporary housing

(including vouchers for hotel/motel rooms and mobile

homes);

■ $2.2 billion for debris removal, public building repair

and replacement, and damage inspections;

■ $4.4 billion for technical and direct assistance provided

by federal agencies;

■ $14.7 million for inspections and hazard mitigation;

and,

■ $4.7 billion for administrative expenses, almost $3

billion of which has been obligated for mission

assignment operations undertaken by other federal

agencies at the direction of the federal offi cer

responsible for coordinating response activities.5

Despite this outpouring of funds, procurement

offi cials struggled to balance the competing and

confl icting demands of local and elected offi cials. On

October 21, New Orleans Mayor Ray Nagin complained

about the time-consuming amount of federal oversight

accompanying the federal dollars going to contracts and

local governments. He said

[t]he money is sitting in the doggone bank. . . .

We can’t use it, and as soon as they gave us the

money, they sent a team of auditors and said,

‘If you spend this money, we’ll be watching you

real close. . . .’ So we’re gun shy about how we

use this money . . . .6

and

[w]e just got these huge multinational companies

that are using the shield of, ‘We’ve got to work

quick,’ [rather than] trying to fi nd local contractors.7

The Government Accountability Offi ce (GAO)

is undertaking a review of Katrina relief contracting

“[Hurricane Katrina] was beyond the capacity of the state and local governments, and it was beyond the capacity of FEMA. It was the largest natural disaster ever to strike the United States — 92,000 square miles. Logistics were falling apart.”

320 A FAILURE OF INITIATIVE

activities. GAO’s review includes acquisition planning,

communication of responsibilities between various

entities, contract management, and the use of emergency

acquisition authorities. GAO briefed the Select Commitee

on their review efforts, which will complement the

fi ndings of this report.

Finding: FEMA management lacked situational awareness of existing requirements and of resources in the supply chain. An overwhelmed logistics system made it challenging to get supplies, equipment, and personnel where and when needed

When President Bush authorized a federal emergency

declaration for Mississippi and Alabama on Sunday,

August 28, in response to these states’ requests, then-

FEMA Director Michael Brown said he began to

“predeploy all the assets [including] the medical teams,

the urban search and rescue teams, the emergency

response, the management teams, the rapid needs

assessment teams, prepositioning the water, the Meals

Ready to Eat, the ice, the tarps.”8 However, given that

landfall occurred on Monday, August 29, this was too late

to begin the pre-deployment process.

FEMA leadership acknowledged this lack of planning.

“[Hurricane Katrina] was beyond the capacity of the state

and local governments, and it was beyond the capacity of

FEMA,” said Brown. “It was the largest natural disaster ever

to strike the United States — 92,000 square miles. Logistics

were falling apart.”9 When FEMA did arrive, representatives

sometimes were empty-handed. “[W]hen FEMA fi nally

did show up, everybody was angry because that is all they

had was a Web site and a fl ier. They didn’t have any real

resources that they could give,” reported Senator Pryor

following visits and conversations with victims.10

Brown’s testimony outlined some of the resources

FEMA had in place. Prior to landfall FEMA had 14

trailer loads of Meals Ready to Eat (“MREs”) at Camp

Beauregard, Louisiana, four trailers in Moffi t, 42 in Forth

Worth, 15 trailer loads in Fullersville, 75 at two locations

in Atlanta, three in Cumberland, Maryland, 15 in

Charlotte, North Carolina, six in Eastover, South Carolina,

46 in Palmetto, Georgia, 15 in Homestead, Florida, at the

airbase, 10 in Meridian, and two at the Superdome.11

Some suggested these resources should have been more

readily available. Rep. Chip Pickering said “[most MREs]

were [prepositioned] across the region, only a few in

Meridian and a few in New Orleans, and that should have

been closer, I think, to the storm.”12 Rep. Gene Taylor

pointed out the provisions were too far away from the

FEMA team, questioning

[w]hat part of the FEMA plan envisioned that the

fi rst responders in Hancock County and in much

of the Mississippi Gulf Coast would have to loot

the local grocery store and loot the local Wal-Mart

in order to feed themselves, would have to loot the

local Wal-Mart in order to have a change of clothes?

What part of your plan was that?13

Brown, however, strongly rejected the contention of

having relief items in the immediate impacted areas,

saying expectations must be realistic:

[T]he last thing I’m going to do is to put equipment

or manpower in place where they themselves

become victims and then cannot assist the people

they are there to assist. You cannot, you cannot

physically — I don’t think you can do it statutorily

or any other way — say to any victim in this

country that the minute you come out of your

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abode, your home, your shelter, whatever it is, that

the Federal Government is going to be there with a

meal ready to eat for you. That is an unreasonable

expectation. So what we do is we preposition

those supplies so that we can move them in and

help them. And that’s why the FEMA plan, that’s

why the basic emergency management system

says you should, as an individual, take personal

responsibility and be prepared to be on your own

for perhaps up to 2 or 3 days. If Congress expects

the Federal Government to be able to supply every

individual food and water immediately following

a catastrophe or a disaster, then this committee

in Congress needs to have a serious public policy

debate about what the role of FEMA and the

Federal Government is in disasters.14

According to the Director of the Mississippi Emergency

Management Agency (MEMA), Robert Latham, the federal

logistics system failed in the days immediately following

Hurricane Katrina, leaving state offi cials without adequate

supplies of food, water, and ice for emergency shelters.15

FEMA representatives working with MEMA requested 450

trucks of water and ice, and 50 trucks of MREs. When

less than 15 percent of the requested supplies arrived,

state emergency responders were forced to purchase

the commodities on the commercial market or obtain

supplies from neighboring states.16

Mississippi offi cials had to deal with shortages of

commodities for the fi rst nine to ten days after landfall.17

Fortunately, Mississippi offi cials had purchased supplies for

Hurricane Dennis (July 2005) that were not used. Similarly,

Florida offi cials

had pre-positioned

considerable resources

to be used in the Florida

Panhandle,18 which,

until Friday, August

26, was where Katrina

was projected to make

landfall. Commodities

were provided by

Governor Bush to

Mississippi Governor Haley Barbour under the Emergency

Management Assistance Compact (EMAC) and offered

some relief to the victims in Mississippi’s coastal counties.19

Federal Coordinating Offi cer (FCO) Bill Carwile

speculated the shortages were the result of an overly

centralized logistics system overwhelmed by the

requirements of the three large disasters: Hurricanes

Dennis, Katrina, and Rita. Mississippi offi cials asked

permission to purchase (on their own) commodities

from elsewhere to supplement those being provided by

the centralized system. Carwile said he was authorized by

FEMA Director Michael Brown to make these purchases.20

According to the Director of the Alabama Emergency

Management Agency (AEMA), Bruce Baughman, a better

contracting process for essentials and commodities

is needed.21 In the days before Katrina made landfall,

when offi cials submitted commodity requirements for

Alabama for items such as water, ice, MREs, these requests

were unilaterally reduced by FEMA offi cials – often so

refl exively that it appeared to be part of standard FEMA

procedure. Baughman said their initial requests were

carefully and precisely tailored to meet the actual needs of

Alabama. Tim Payne, AEMA Branch Chief and Emergency

Management Program Coordinator, said in advance

of Katrina, their needs assessment concluded Alabama

would require 100 trucks of water and 100 trucks of ice.22

In response to this request, FEMA made available only 17

trucks of water and 16 trucks of ice.

Frequently during the Alabama response to Katrina,

FEMA did not follow through with AEMA’s requests for

supplies and emergency support.23 It appeared FEMA

did not have the ability to track commodities within

its own logistics system. To defend against commodity

shortfalls in future emergencies, Alabama recently issued a

Request for Proposals for key commodities and materials

needed for an effective emergency response.24 Baughman

suggested having standing contracts in place and supplies

FEMA has a logistics problem, we have a problem understanding all the time. I can point out where our stuff is and I can point out where it’s supposed to go to; I can’t always tell you that it actually got there.

FEMA

322 A FAILURE OF INITIATIVE

at the ready so the

states would not

again fall victim

to an inadequate

FEMA response

or supply

shortages due

to other market

competitors in

times of crisis.25

Payne identifi ed 12 categories of items that need to be on

hand to effectively deal with an emergency.26

According to Brown, “one of the lessons that we need

to learn from this catastrophic event is that we do need

to get better about marshaling those assets and moving

them around. I will tell you up front, FEMA has a logistics

problem, we have a problem understanding all the time.

I can point out where our stuff is and I can point out

where it’s supposed to go to; I can’t always tell you that it

actually got there.”27

These problems are not new, however. FEMA’s

“bureaucratic slowness” in securing long-term housing

and loans, removing debris, and getting basic assistance

and reimbursement were “‘huge problems that have been

very frustrating,” stated Florida Governor Jeb Bush before

the House Homeland Security Committee.28 Getting

one truckload of ice from Atlanta to Florida in 2004

took a series of separate contracts that caused needless

delays. “‘FEMA’s logistics program is broken and needs

to be fi xed. . . . I can say with certainty that federalizing

emergency response to catastrophic events would be a

disaster as bad as Hurricane Katrina,” Governor Jeb Bush

testifi ed. “If you federalize, all the innovation, creativity

and knowledge at the local level would subside.’”29

It should be noted FEMA used existing resources,

procedures, and staff to organize and conduct a massive

civil logistics operation beyond any this country has seen

before. Over 11,000 trucks of water, ice, and meals were

moved into the disaster region during the month after

landfall. This is more than three times the number of

trucks used during all hurricanes in 2004.30 FEMA tried,

but Katrina’s magnitude exposed signifi cant weakness and

ineffi ciencies in the process.

Finding: Procedures for requesting federal assistance raised numerous concerns

Requests for federal assistance go through a standard

process. Local government offi cials submit their requests

to the state, and, if state offi cials cannot meet the request,

they forward appropriate requests to federal offi cials.31 In

Louisiana, state and local emergency management offi cials

manage requests for assistance during disasters using

specially-designed commercial software called “E-Team.”32

E-Team is a web-based system and can be accessed from

any computer with internet connectivity. According to

Matt Farlow of Louisiana Offi ce of Homeland Security

and Emergency Preparedness (LOHSEP) Information

Technology Division, Louisiana has used E-Team since

2000 and LOHSEP personnel are well-experienced in its

use.33 In addition to using E-Team to register and track

parish requests, the Louisiana Emergency Operations

Center (EOC) also uses it to send out e-mail alerts and

notifi cations to parishes.

The parish-to-state process is much the same as the

state-to-federal process. The parishes declare emergencies

and request assistance from the state.34 The parishes

register their requests for assistance with the state directly

via the internet with E-Team. However, according to state

offi cials, not all parish offi cials know how to use E-Team

well: “They don’t know all the bells and whistles.”35 Parish

offi cials can also register requests to the state by telephone

or radio. If the parish communicates a request outside

E-Team, by voice, e-mail, or fax communications, then the

state EOC offi cials enter that request into E-Team.

The state receives the parish requests for assistance

and determines whether the requests can be met from a

nearby parish or with state resources.36 If so, LOHSEP tasks

that mission to another state agency. The state can also

request assistance from nearby states through the EMAC.37

When a state makes an EMAC request to another state,

it is undertaking an obligation to pay that state for that

assistance.38 FEMA has a mechanism to later reimburse

appropriate costs to the requesting state, which the state can

use to repay the sending state. Finally, if the state cannot

meet the request from its own or other state resources, the

state can prioritize the various requests and pass them on to

FEMA’s logistics program is broken and needs to be fi xed.

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FEMA offi cials. The state is supposed to make such requests

after it has already reviewed its own capabilities.

FEMA offi cials determine whether to accept or reject

the state request.39 This determination is documented. A

request might be rejected for a number of reasons, such

as not being appropriate, a state getting the resources

from elsewhere, or a state canceling a request while

FEMA offi cials are considering it. In some cases, a state

request might be made verbally to expedite assistance, but

FEMA offi cials expect the paperwork to soon follow. The

paperwork from the state certifi es that the state will pay its

share of the requested assistance.

Once FEMA accepts the request and agrees to meet it,

offi cials use a system called NEMIS (National Emergency

Management Information System).40 FEMA does not use

E-Team. NEMIS is used by FEMA offi cials to track the

request within the federal government and all requests

FEMA offi cials accept are entered into this system.

FEMA can meet the request from its own resources and

capabilities, from other federal agencies, or from private

contractors. If FEMA offi cials task another federal agency

with the request, that is known as a “Mission Assignment”

(or MA), whereby the task is assigned to the other agency.

Mission Assignments to another federal agency

could also be passed on to a private contractor. This is

done because some agencies have more expertise and

experience in contracting for certain types of items. For

example, the U.S. Army Corps of Engineers (USACE)

contracts for debris removal.41 Some federal agencies,

including FEMA, have pre-existing contracts that can be

modifi ed quickly to add additional items. NEMIS is used

to track the request and completion of the mission, as

well as to track spending and reimbursement later by

FEMA offi cials.42

In Louisiana there was widespread confusion about the process for obtaining federal assistance. In addition, the catastrophic nature of the disaster overwhelmed the existing procedures and systems

Louisiana state and parish offi cials said degraded

communications and the effective loss of parish E-Team

software forced them to deviate from normal procedures

for requesting federal assistance.43 These problems also

made it diffi cult for the state EOC to check on the status

of specifi c tasks assigned to state agencies. State offi cials

complained about FEMA’s non-automated process that

made tracking status diffi cult. State offi cials also noted

they had included FEMA on their E-Team license, but

during Katrina the FEMA staff assigned to the EOC were

not familiar with the E-Team system. This had not been

the case in earlier hurricanes, when FEMA staff assigned

to the EOC knew how to use E-Team.44 State offi cials

also complained about weaknesses in tracking the

transportation and estimating arrival of FEMA-contracted

commodities. FEMA offi cials have acknowledged these

weaknesses.45 Further, state offi cials said the federal

government contributed to the problem when other

federal agencies tasked FEMA directly rather than having

requests go from parish to state to FEMA and then onto

appropriate federal agencies.46 According to Governor

Blanco’s chief of staff, Andy Kopplin, the governor had

to go beyond the normal LOHSEP and FEMA process

because these processes were too bureaucratic and

impracticable.47

Parish offi cials were universally critical of FEMA for

providing relief commodities late.48 There were clearly

misunderstandings of what constituted an offi cial request

for assistance. The Jefferson Parish Emergency Manager,

Walter Maestri, said he directly communicated his

needs before landfall in a conference call to the EOC,

where FEMA personnel were present.49 In his view, this

constituted a request for assistance. However, both the

State Coordinating Offi cer (SCO) and the FCO said

while the purpose of these conference calls was to share

information, they were not considered valid ways for a

parish to make a request.50

New Orleans Director of Homeland Security, Col.

Terry Ebbert, also said the existing systems for requesting

assistance does not work during a catastrophic disaster.51

The system assumes the parish knows what it wants,

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324 A FAILURE OF INITIATIVE

the state knows what it wants, and both have the

communications capabilities to make requests of FEMA.

Ebbert said the current system is a “pull” system in which

parishes must make requests to pull an item from the

state and federal government. However, the parishes were

too overwhelmed and their communications were too

degraded to allow this to work. In a catastrophic disaster,

FEMA needs a “push” system in which FEMA offi cials

anticipate needs (e.g., for food, water, medical supplies,

ice, tarps, generators) and push the commodities to the

parishes without receiving the request. Under such disaster

circumstances, it would be better to have too much of

something than too little; the excess items can always be

shipped elsewhere or stored for the next disaster.52

As such, Ebbert was “shocked” to hear FEMA Director

Michael Brown say the local parishes never got FEMA

commodities because they never asked for them.53 In his

opinion, FEMA offi cials should have known what was

needed from their own experience. Similarly, Governor

Blanco’s chief of staff, Andy Kopplin, said the state had

to go beyond both LOHSEP’s and FEMA’s bureaucratic

processes for requesting and providing assistance.54

However, parish offi cials also acknowledged their

emergency managers were overwhelmed. Plaquemines

Parish Sheriff Jiff Hingle said his parish emergency manager

was completely overwhelmed and unable to cope with the

situation.55 Hingle found he and the parish president had

to make all requests for assistance through other channels

because the normal system was not functional.

FEMA offi cials Scott Wells and Tony Robinson put much

of the blame on the state, saying the standard request for

assistance process was not working because the state was

incapable of analyzing and prioritizing requests.56 Wells

and Robinson said many of the requests from parishes

came up through channels to the EOC, but state offi cials

appeared “overwhelmed” and they “lost control.” The EOC

did not attempt to prioritize such requests, did not try to

fi gure out if the requests could be met from state resources,

and did not go through EMAC channels to see if other

nearby states could provide the assistance. The EOC just

passed the unfi ltered requests on to FEMA offi cials. Wells

said the FCO staff did a quick analysis of parish E-Team

requests the EOC was passing on unfi ltered to FEMA, and

found many inappropriate items, such as writing tablets.

According to Wells, these requests were inappropriate

because the state should not be relying on FEMA for basic

items that are otherwise easily obtainable.

Parishes were frustrated by the degraded

communications and their desperate need for assistance.

Robinson said while the parishes were still able to

communicate requests to the EOC (via radio or other

means), they were not able to use E-Team.57 The EOC was

not systematically entering the requests into E-Team, so

the state could not track or check the status later, which

led to many parishes becoming frustrated. The parishes

probably blamed FEMA offi cials for any delays in getting

assistance because they had communicated their requests

and assumed the EOC had duly registered these requests

and passed them on to FEMA offi cials. Many of the highly

publicized parish requests for commodities such as for

food and water assistance may have never even reached

FEMA offi cials.

Some confusion arose because states and not the

parishes are supposed to make requests to FEMA.58

It was Louisiana’s responsibility to take these parish

requests, combine them with similar requests, determine

whether the state could meet them, prioritize them, and,

if appropriate, make requests to FEMA. That process,

where the state enters the request into its E-Team

system, allowing formal registry and tracking of status

and completion, is the only way to provide an orderly

processing of requests. Using verbal requests, without

documenting them in a formal process, leads to chaos,

particularly in a large disaster where there are hundreds

New Orleans Director of Homeland Security, Terry Ebbert, was “shocked” to hear FEMA Director Michael Brown say the local parishes never got FEMA commodities because they never asked for them. In his opinion, FEMA offi cials should have known what was needed from their own experience.

A FAILURE OF INITIATIVE 325

or thousands of local requests for assistance. If the parish

is unable to use E-Team because of communications or

power diffi culties, the state EOC (which, in fact, retained

power during the hurricane and its aftermath) could have

still entered them into E-Team. Then the state should

perform its review, and, if appropriate, pass the request

on to FEMA. It was the state’s job, not FEMA’s, to take

down any parish requests from conference calls and enter

them into the system. FEMA offi cials saw these conference

calls serving the function of information sharing and

situational awareness, not substitutes for the parish-to-

state and state-to-federal formal request process.

Interoperability between state and federal automated systems

FEMA FCO staff said there is no automatic or electronic

interface between state systems (such as E-Team) and the

FEMA system (NEMIS).59 Both systems, if used correctly,

have independent capabilities to track requests for

assistance and determine their status. The two systems

meet in the EOC, where the E-Team requests are converted

into NEMIS. However, there is no way for the state EOC

offi cials to use E-Team to track the status of their request

in NEMIS, nor any way for the federal FCO offi cials to

use NEMIS to check information on the E-Team requests

originating at the local level.

According to FEMA offi cials involved in the response to

Hurricane Katrina, the breakdown of a unifi ed command

structure at the state EOC level hampered FEMA’s ability

to meet state and local requests for commodities.60

Without a unifi ed command, some state and local offi cials

began submitting commodity requests outside FEMA’s

normal logistics channels. FEMA, in turn, started fulfi lling

such requests on an “ad-hoc” basis before these requests

were properly authorized or logged into its logistics

system.61 When supply requests and subsequent supply

distributions were not logged, FEMA could not accurately

keep track of the resources it staged at regional facilities.62

As a result, supplies and equipment were delivered not

according to specifi cations, delivered late, or not delivered

at all, and priority needs were not met.

In his testimony before the Select Committee, Brown

acknowledged these logistical problems and the need for a

better tracking system. He said if

[y]ou don’t have a unifi ed command, [you] kind

of go into an ad hoc mode. So we hear that, for

example, County X is requesting fi ve truckloads

of Meals Ready to Eat, so we will then fi gure out

that, okay, we have got four available, so we are just

going to ship four into that county . . . .63

Then, “[another county] may send in a legitimate

request for fi ve trailer loads [and] you think they are still

there because no one has yet entered in the [trailers] that

have gone out.”64

When supply requests and subsequent supply distributions were not logged, FEMA could not accurately keep track of the resources it staged at regional facilities. As a result, supplies and equipment were delivered not according to specifi cations, delivered late, or not delivered at all, and priority needs were not met.

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Management lapse

According to Holden, lack of “knowledge and

understanding by many agencies paralyzed the efforts” to

provide an orderly and effi cient response, and required

paperwork also “hindered immediate action and

deployment of people and materials to assist in rescue and

recovery efforts.”65 Pre-positioned federal assets critical to

the operations of hospitals were never received. Resources

from the Strategic National Stockpile, despite requests, were

never locally deployed due to bureaucratic red tape.66

According to Carwile, “[i]n any operation, particularly

in a chaotic environment, there needs to be a balance

between ‘going outside the system’ and following a plan

and a procedure.”67 Carwile suggested “there needs to be

a well-disciplined, systematic approach based on a solid

plan that is suffi ciently fl exible for a variety of situations.

Experienced personnel know where the pitfalls are and

can make decisions where fl exibility is required. Doctrine,

policies, training, and exercises should be developed that

meet the needs of a trained and ready workforce.”68

Even Brown experienced bureaucratic frustrations.

Rather than have FEMA’s food provision efforts oriented

almost exclusively toward securing MREs, Brown sought

to devise an arrangement in which distributors or retailers

would deliver meals or groceries, like those that would

ordinarily be conveyed to typical commercial outlets,

directly to shelters. Brown testifi ed he came to believe

we were too focused on meals ready to eat. The

issue was food, not the MREs. So we came up

with what we thought was this brilliant idea

that we would utilize Wal-Mart or some grocery

distribution system because they are accustomed to

going to these 7-Elevens, [and other] convenience

stores, to replenish them all the time . . . . 69

Brown said FEMA started “trying to do a contract to do

that very thing [but] ran into a bureaucratic wall [so much

that] I fi nally had to scream at some people on the phone,

[‘]just make it happen, I don’t care, just do the contract

and make it happen.[’]”70

According to Carwile, over the past four years, there

has been no operational doctrine developed by FEMA. He

said, as a consequence

[t]here is no clear understanding of the

responsibilities of each level (Washington, the

Regions, and deployed Emergency Response

Teams) and how they are to interact. This lack of

operational doctrine results in unacceptable levels

of overlap, double and triple ordering of resources,

and long video teleconferences and conference calls

[which can] disrupt fi eld operations.”71

Carwile believes “well-understood and defi ned

operational methodologies based on doctrine would

minimize the need for lengthy conferences and would

achieve other effi ciencies.”72

Alabama offi cials said FEMA offi cials lacked

management skills.73 Nobody with FEMA seemed to

know what assets existed and how to marshal them, they

said. FEMA does not have a robust lessons learned/after

action program to assist in the refi ning and reorganizing

of processes. Instead, FEMA seemed to move from one

emergency to the next without incorporating any formal

reviews.

Alabama offi cials recommended FEMA adapt its training

requirements to allow states to use monies targeted for

state training exercises for after-action reviews of actual

emergency-related operations.74 One offi cial echoed the

thoughts of many AEMA personnel when he said the state

was better prepared for Katrina by virtue of its experiences

with previous hurricanes within the last year, notably

Dennis (July 2005) and Ivan (September 2004).75

Carwile suggested the logistics supply system was

overly centralized and recommended allowing the state to

contract with private entities to provide logistical support

and commodities distribution services, with the federal

share of costs reimbursed by FEMA.76

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Select Committee Members stated and Brown agreed

FEMA should develop a formal planning and logistics

process similar to that developed by the Department

of Defense (DOD).77 Some offi cials have suggested the

DOD simply assume a larger role in logistics, or even

take control outright.78 Although recognizing the value

of DOD assistance, Brown indicated DOD involvement

would not be appropriate for smaller events. “I think that

the Army can help FEMA in that regard,” Brown said. “I

would rather see it remain within FEMA because logistics

is something that you need in every disaster, the smallest

one that FEMA might be involved in to the largest; and I

don’t want to see us utilize the military in all of those.”79

However, According to Carwile

[t]he factors contributing to the slow delivery of

commodities should be examined and addressed

for future disasters. Possible solutions [include]

much better planning between State and Federal

emergency management logisticians and

operations personnel, the assistance and advice

of DOD strategic logistics planners, and much

more robust private sector partnerships, e.g., the

US Army LOGCAP or USAF AFCAP programs.

It is also possible for states to enter into their

own contractual agreements with the private

sector for procurement and delivery of response

commodities. The federal share is reimbursable

by FEMA and Florida routinely enters into such

agreements.80

Rep. Bill Shuster pointed out the private sector provides

the best relief model and, while government agencies such

as the DOD are excellent with logistics, “[s]ome of our

private companies . . . are even better and our military

learns from [these companies because they] know exactly

what’s in a truck. They know exactly where it’s moving.”81

For their part, private sector fi rms expressed the need

for a get-it-done-and-ask-questions-later mentality. The

director of Business Continuity Global Security for Wal-

Mart said “[f]lexibility in our plans, fl exibility in our

structure, and fl exibility of our Associates is paramount

to success.”82 Southern Company’s plans provide “for

fl exible and decentralized authority to make decisions as

close as possible to the disaster.”83 They demonstrated

creativity in helping restore fuel service to Chevron

pumps, in helping expand their communications system

to assist other companies, and in the way they used their

“family services plan” to provide emergency services to

employees.84

Starwood hotels worked to engineer a way to pump

water into the hotels, knowing the city’s water system

wouldn’t be up and running for some time.85 They

also contracted at the last minute for security to protect

their hotels from looting. IBM provided services to

governmental and non-governmental organizations as

needed on the ground.86 These services ranged from

temporary housing to websites and missing persons

registries including the CNN Safe List, which it hosted.87

FEMA’s Information Technology Systems are unable to support large-scale logistical challenges

The technology used to manage FEMA’s logistics system

may be partly to blame. FEMA’s Logistics Information

Management System III (LIMS III) is used to manage the

agency’s inventory of equipment and supplies.88

A recent DHS OIG report found FEMA’s computers were

overwhelmed during the 2004 hurricane season, which

hindered disaster-recovery efforts, delayed emergency

supply shipments, and put emergency-response personnel

at risk.89 The report found during August and September

2004, when four hurricanes struck Florida, the IT system

could not track essential commodities such as ice, water,

and tents.90

According to the report, LIMS III is not integrated

with other FEMA IT systems such as the database used to

identify and deploy personnel to disaster sites.91 Nor can it

share information across federal, state, and local agencies.

LIMS III was designed, however, to track “accountable

property” such as bar-coded cellular phones and pagers,

not “bulk commodities.”92 Although LIMS III contains

information on the quantity and location of emergency

supplies, it does not indicate when they will be shipped

or when they should arrive.93 In Florida, emergency

personnel tracked items on spreadsheets and spent hours

calling trucking companies to determine the status of

goods in transit.94

Brown received this DHS report several weeks before

Hurricane Katrina, but he and FEMA Chief Information

Offi cer Barry West rejected the OIG’s fi ndings, calling the

report’s characterizations “inaccurate.”95 According to a

FEMA spokesperson, “[FEMA’s] [l]ogistics-support systems

328 A FAILURE OF INITIATIVE

have presented us with some concerns over the past 18

months, and we are addressing this.”96

During Katrina relief efforts, FEMA tested a system

using global-positioning technology to track trucks

transporting commodities.97 FEMA also is installing an

intranet-based electronic document system to replace

paper documents and improve data sharing among agency

offi cials via an intranet.

The DHS Emergency Preparedness and Response

Directorate, which FEMA was part of, established an

enterprise architecture offi ce in 2003 and hired a chief

enterprise architect in 2004 to develop a system to tie in

the directorate’s system with the rest of DHS.98 Of the

Katrina federal aid package, $4.6 billion is designated

for FEMA logistics, search and rescue, and emergency

supplies.99

Private sector fi lls void

Several tractor-trailers were strategically located throughout

the region by various offi cials and organizations to collect

local contributions, which were then sent to a warehouse

for collection and distribution.100 When the fi rst of 14

packed trailer loads arrived, volunteers unloaded the fi rst

two and quickly realized much more assistance was needed

to effi ciently process the donations and prepare them for

distribution.101 A clear plan for the organized collection,

sorting, storing and distributing of such a large volume of

goods was not in place, however.

Local offi cials turned to the private sector. “Once we

started seeing that we were going to have this enormous

infl ux of material, we knew that there was no one better

in the world for distribution and collection than Wal-

Mart Corporation. So we made some calls. And they

immediately sent down some folks. And they showed us

how to arrange a warehouse and they made it spin like

a top,” according to the Mayor of Fayetteville, Arkansas,

Dan Coody.102

Several companies had existing disaster plans which

eased the challenges they faced. Southern Company

has a separate plan for each category of hurricane, and

each year they conduct a major disaster simulation.103

Before the storm hit, Southern Company had already

pre-positioned trailers, caterers, laundry facilities, and

11,000 people for their response. Starwood developed a

crisis management plan which “structures preparedness

and response at the Corporate, Division, and Hotel levels”

and defi nes responsibilities for each level of employee.104

Wal-Mart keeps an Emergency Operating Center up and

running 24 hours a day, every day of the year.105 As one

IBM executive noted “[a]dvanced planning of people,

tools, and technology . . . is vital and important.”106 IBM

had its Crisis Response Team on the ground four days in

advance of Katrina, which worked with FEMA, the states,

and private entities, providing a list of the services they

could provide.

Ad Hoc response

In Fayetteville, Arkansas, individuals who had traveled

there to stay with family or friends began to stop by

the distribution center “in search of fi nancial aid, food,

clothes and other assistance,” recalled Coody.107 Offi cials

had not anticipated receiving evacuees at the distribution

center and were not sure how to respond. They had heard

stories of survivors being bounced from place to place or

from town to town, so they took it upon themselves to

fi nd answers, information, and assistance for everyone

who needed it.

Offi cials and volunteers pulled boxes off pallets and

made food and clothes available to these displaced

individuals.108 They moved all relief agencies into the

distribution center offi ces to make a one-stop location

where evacuees could get various types of assistance and

support, and set up a “store” where people could shop for

what they needed, free of charge.109

In addition, relief supplies were shipped from the

Fayetteville distribution facility to the Salvation Army

staging warehouse in Corsicana, Texas.110 It was eventually

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destined to aid the stricken areas of Louisiana and

Mississippi. Many of these shipments were sponsored

by local businesses and churches and were arranged by

making direct contact with community members in the

affected areas. Fayetteville offi cials also learned many

rural areas were not receiving adequate support and were

still in desperate need of various items that were in stock.

This spurred offi cials to focus their large-scale distribution

efforts on rural Louisiana.

Coody testifi ed while Fayetteville had food, water,

wheelchairs, baby supplies and many other items

on pallets and ready to go, communicating and

coordinating the movement of supplies to these areas

was a challenge.111 He said the distribution center had not

received “any communications from the State or Federal

level about the needs in these areas.”112

Although Fayetteville offi cials wanted to send goods

where they were needed, arranging transportation also

proved to be a problem. Nonetheless, Coody recounted

some success in arranging deliveries including that they

asked J.B. Hunt and other trucking fi rms, [‘c]an you

please donate your time and some drivers to load

up this trailer that we have . . . ready to go and take

it to a particular town in Louisiana?[’]” And they

said, [‘]sure[’], . . . .113

In another instance, Bogalusa, Mississippi had

requested water and baby food from Fayetteville.

Coincidentally, a truck arrived from Kansas City, and the

driver announced, “I have got a load of baby food and

water and I am [being] told to get off the road because I

am overloaded.”114 The mayor said

[as soon as] we saw what we had, we gave him a

map and we said, [‘t]his is where you need to go,[’]

and we sent [the items] on their way. As they pulled

into Bogalusa and off-loaded food [—] baby food,

adult food [—] and everything else, people started

opening packages and eating food directly off the

truck because they had not had any food in three

days.115

Coody reported the realization that Fayetteville had

the necessary supplies in stock previously but had “no

knowledge” or “no real infrastructure to get it there” was

disturbing, and “it broke our hearts.”116

Finding: The failure at all levels to enter into advance contracts led to chaos and the potential for waste and fraud as acquisitions were made in haste

Concerns have been raised with respect to how FEMA

awarded its contracts in the immediate aftermath of

Hurricane Katrina and regarding the contract vehicles it

had in place before landfall.117 In the weeks following

Katrina, more than 80 percent of FEMA’s $1.5 billion

in contracts were awarded on a sole-source basis or

pursuant to limited competition.118 Many of the contracts

awarded were incomplete and included open-ended or

vague terms. In addition, numerous news reports have

questioned the terms of disaster relief agreements made

in such haste. Questions have also been raised about

USACE’s awarding of contracts with limited competition

for debris removal and clean up.119

In the face of the massive destruction caused by

Katrina, acquisition personnel acted to meet pressing

humanitarian needs, contacting fi rms in an effort to

provide immediate relief to survivors and to protect life

and property. Many of these fi rms were called into action

on a sole-source basis under acquisition provisions that

allow the government to acquire urgently needed goods

and services in emergency situations. These fi rms provided

emergency housing and shelter for victims and emergency

personnel, to start debris cleanup, and to secure property

from further damage.

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330 A FAILURE OF INITIATIVE

The Shaw Group Inc., Bechtel National Inc., CH2M

Hill, and Dewberry Technologies were engaged by

FEMA to provide emergency housing and shelter for

victims, to start the cleanup of hazardous waste, and

begin restoration of the transportation infrastructure.

Before Katrina struck, however, FEMA had only one

contract in place relevant to the Katrina response for

temporary housing. Immediately after the disaster, USACE

competitively awarded contracts for debris removal

to ACI/AshBritt, Inc., Environmental Chemical Corp.,

Central Environmental Services, and Phillips & Jordan,

Inc. through an emergency competition, which resulted in

the submission of 22 proposals.120

FEMA executed few, if any, written contracts during

what offi cials called “the real nightmare emergency”

(Aug. 29-Sept. 15).121 The circumstances surrounding their

contract awards made it diffi cult for FEMA to understand

fully the contract specifi cs. FEMA simply instructed

companies to begin work and submit vouchers for

payment. FEMA used this method for the acquisition of

food, ice, buses, and other supplies. This could raise issues

of enforceability, which will need to be resolved when

written contracts are issued.

FEMA’s contracting practices were described by state and

local offi cials as “problematic.”122 Louisiana offi cials cited

lack of FEMA oversight and management in the awarding

of contracts. Further, state offi cials suggested there were

no performance-based standards under the contracts and

suggested under “time and materials” contracts, the longer

the contractor takes to perform the necessary service, the

more money the fi rm stands to make.

Rep. Jefferson also conveyed complaints from

Louisiana offi cials about FEMA’s failure to contract out

the mortuary and body recovery effort.123 This was a

particularly sensitive issue because New Orleans Mayor

Ray Nagin was predicting thousands of casualties.124 State

offi cials reported FEMA implemented a contract with

Kenyon International in the immediate aftermath of the

hurricane. According to offi cials, Kenyon was not given

the support it needed from FEMA to meet its objectives

and ended up pulling out of the contract. Ultimately,

Louisiana contracted with Kenyon directly.125

When asked whether FEMA had contracts in place for

disaster-related supplies, including tarps, ice, generators,

and temporary shelters, Brown equivocated, stating they

had some contracts in place for provision of MREs, water,

ice, temporary housing, and some of the trailers. In other

cases, however, FEMA had to “start buying off the street to

meet the demand.”126

By the end of September, it was reported that 80

percent of the contracts — and half of the $3.2 billion

spent — had been awarded without full and open

competition.127 The agency awarded 60 percent of its

contracts without full competition in October 2005, 68

percent in November 2005, and 50 percent in the fi rst half

of December.128

The Select Committee heard testimony from

representative companies that contracted with FEMA

and USACE to provide immediate response and recovery

requirements to the federal government. Carnival Cruise

Lines provided temporary housing; The Shaw Group

provided, among other services, “blue roof” emergency

tarps to cover storm-damaged homes; Landstar System

provided transportation support, including trucks for

supplies and busses for evacuees; AshBritt provided debris

removal services; Innotech provided emergency packaged

meals.129

Typical contracting issues

The experiences of The Shaw Group are typical of the

issues raised by contractors in the aftermath of Katrina.

The company is a $3+ billion company with 20,000

employees worldwide. According to company offi cials,

Shaw performed $800 million in federal work last

year, and contracts for Hurricane Katrina and Rita relief

have been the fi rm’s biggest undertaking.130 Shaw was

originally awarded two separate $100 million contracts:

the fi rst by the USACE and the second by FEMA. Shaw

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is participating in competitive procurements for FEMA

requirements which, originally, were awarded on a

sole-source basis. USACE contracts (including blue roof

and rapid response contracts) were awarded on a non-

competitive basis.131 Overall, most of Shaw’s business

comes from USACE ($300 million), followed by DOD,

DOE, and the EPA.

The Friday before the storm, the Shaw Group was asked

by another fi rm to conduct damage assessments and

inspections.132 They were also contacted by FEMA and

the USACE to begin work. They established a command

center in Baton Rouge run by a retired general who served

as the point of contact for all requests. FEMA placed a

contract specialist within Shaw’s operations to help with

compliance and other issues. Offi cials were unsure if other

companies were offered FEMA assistance as well but said

they offered to provide Shaw personnel at FEMA.

According to company offi cials, Shaw’s existing blue

roof contract uses the highest number of workers from the

impacted areas of any fi rm project.133 Last year, Shaw took

Louisiana contractors to Florida, which made preparations

and response for this event easier. Their rapid response

contract has expanded over the years and was activated by

the USACE. Shaw was not successful in a bid for a debris

removal contract.

Shaw offi cials raised several concerns, which were

typical of the issues raised by several contracting fi rms:134

■ Liability—Shaw offi cials expressed concern that

the federal government might hold them liable

for environmental issues arising from pumping

contaminated water out of the city.

■ Changing Requirements—FEMA tasked Shaw with

securing temporary housing, which the company began

doing, before FEMA offi cials changed their minds.

Although they did not lose money, the company did

lose time and goodwill.

■ Contract Signing and Follow-through—Shaw offi cials had

problems getting contracts signed by the appropriate

agency offi cials. Although all the contracts have since

been signed, payments from FEMA remain slow.

Because Shaw’s subcontractors are generally small

businesses with tight cash fl ow, they cannot wait long

for payment. Shaw also had to turn down certain

projects because it had no indication from FEMA that

it would be paid. The Stafford Act requires that the

federal government give preference, if practicable, to

local businesses.135 However, this was largely not done

and, according to Shaw offi cials, some local companies

have since gone out of business. For example, debris

removal contracts were given to Minnesota, California,

and Florida fi rms.

■ Confl icts of Interest—Shaw offi cials continue to struggle

with the propriety of working for FEMA and for the

parishes. Offi cials indicated complications could arise if

FEMA hires them to asses a situation, and then a parish

hires them for rebuilding using FEMA money.

■ Bonding—Shaw offi cials did not know what the

bonding requirements were for Katrina recovery work.

However, they noted few small subcontractors are

bonded to levels necessary to enable them to perform

major contracts.

Oversight and proposed reforms to address outstanding issues

Although some emergency awards were made on a sole-

source basis, they do not constitute the majority of those

awarded in support of the relief efforts. Nevertheless,

FEMA recognized the need to revisit non-competitive

contracts issued quickly immediately after the storm.136

Shortly after emergency needs arose, DHS’s Chief

Procurement Offi cer (CPO) requested the OIG to begin

overseeing FEMA’s acquisition process.137 The DHS-

IG assigned 60 auditors, investigators, and inspectors

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332 A FAILURE OF INITIATIVE

and hired additional oversight personnel. DHS-IG

staff reviewed the award and administration of all

major contracts, including those awarded in the initial

efforts, and the implementation of the expanded use of

government purchase cards.138 The staff are continuing

to monitor all contracting activities as the government

develops its requirements and as the selection and

award process unfolds. In addition, 13 different agency

OIGs have committed hundreds of professionals to the

combined oversight effort, with a signifi cant part of the

oversight provided by DOD, the various service audit

agencies, and criminal investigative organizations.139

To ensure that any payments made to contractors are

proper and reasonable, FEMA has engaged the Defense

Contract Audit Agency (DCAA) to help it monitor and

oversee payments made and has pledged not to pay on

any vouchers until each one is fi rst audited and cleared.140

In addition, DHS’s CPO met with each of the large Katrina

contractors to impress upon them the need to ensure all

charges are contractually allowable, fair, and reasonable.

Finally, the GAO has sent a team to the Gulf coast area

to provide an overall accounting of funds across the

government and evaluate what worked well and what

went wrong at the federal, state and local levels.

FEMA has indicated it will revisit non-competitive

arrangements made immediately after the storm.141 In

addition, on September 16, FEMA instituted its Phase II

plan. Under this arrangement, competitive procurements

for relief efforts will be reconstituted and revitalized.142

DHS offi cials indicated FEMA would formalize the

original emergency agreements to establish clearly the

terms and prices and then review all the requirements

and decide whether any particular contract needs to be

completed in the short term. If there is a continuing

need for the requirement, the initial contract will be left

in place only long enough for a competition to be held.

The competitively awarded contracts will then replace the

original arrangement. FEMA offi cials plan to ensure as

much of the work as possible goes to local small fi rms.143

Procurement offi cials acknowledged the initial

contracting response was poor, with little planning and

inadequate resources.144 However, these same offi cials

stated the procurement system had suffi cient fl exibility to

meet the challenge posed by Katrina.

Finding: Before Katrina, FEMA suffered from a lack of suffi ciently trained procurement professionals. DHS procurement continues to be decentralized and lacking a uniform approach, and its procurement offi ce was understaffed given the volume and dollar value of work

FEMA’s grossly understaffed acquisition unit was not

ready for the Katrina disaster.145 FEMA had 55 acquisition

slots, and procurement offi cials think it should have had a

minimum of 172.146 Further, only 36 of the 55 slots were

actually occupied. FEMA is one of the DHS agencies that

are not under the control of the DHS chief procurement

offi cer, thus the FEMA acquisition offi ce reported to

Michael Brown. As of the time of the interview, FEMA

was relying upon staff from the central acquisition offi ce,

comprised of 60 acquisition personnel and led by a

member of the Senior Executive Service. Regardless, the

offi ce was understaffed.147

Prior to Hurricane Katrina, the OIG had repeatedly

cited as a major challenge the lack of consistent contract

management for large, complex, high-cost procurement

programs.148 DHS procurement continues to be

decentralized and lacking a uniform approach.149 DHS

has seven legacy procurement offi ces that continue to serve

DHS components, including FEMA.150 Notably, FEMA has

not been reporting or tracking procurements undertaken

by its disaster fi eld offi ces, and its procurement offi ce

remains understaffed given the volume and dollar value of

work. The CPO recently had established an eighth offi ce

called the Offi ce of Procurement Operations to meet the

procurement needs of the rest of DHS.151

FEMA had 55 acquisition slots, and procurement offi cials think it should have had a minimum of 172. Further, only 36 of the 55 slots were actually occupied.

A FAILURE OF INITIATIVE 333

Louisiana offi cials also noted a shift during the Katrina

recovery of the personnel FEMA placed in charge of

contracting and logistical decisions.152 Instead of relying

on FEMA’s regional personnel, with whom the state is

accustomed to working in the aftermath of a disaster,

FEMA sent headquarters offi cials to the affected areas to

make key contracting and logistical decisions, causing

the process to become more bureaucratic. For example,

adding individuals to FEMA’s Individual Assistance

Program has been problematic, according to local

offi cials.153

In the past, the FCO from Region VI was able to add

individuals in the fi eld. With Katrina, however, state

offi cials had to send the request to FEMA headquarters,

which has become, some say, “gridlocked.”154 Further,

as previously mentioned, Louisiana state and local

offi cials also criticized FEMA contracting.155 They said the

focus seems to be shifting from the local FCO to FEMA

headquarters and becoming more bureaucratic in the

process.

Finding: Ambiguous statutory guidance regarding local contractor participation led to ongoing disputes over procuring debris removal and other services156

Under the Stafford Act,157 federal contracts with private

fi rms for debris clearance, distribution of supplies,

reconstruction, and other activities must give preference,

to the extent feasible and practicable, to organizations,

fi rms, and individuals from the area affected by the

disaster or emergency.158 However, there is no statutory

guarantee that, after a major disaster or emergency,

recovery and reconstruction work will be awarded to

businesses, organizations, and individuals, regardless of

where they are from.

The award of federal contracts for disaster or

emergency assistance activities are, in general, governed

by the standard competitive bidding statutes that apply

to all government contracting activities. The Stafford Act,

however, contains a “local preference” provision, which

can be implemented by the inclusion in a solicitation of

a clause creating a price preference for local fi rms or by a

set-aside that only permits local fi rm to compete.159 The

implementation is at the discretion of the contracting

offi cer. Signifi cantly, the Stafford Act local preference is

not a guarantee that local fi rms will be awarded recovery

contracts.160

Similarly, prime contractors are often required to

give preference to local subcontractors.161 USACE Acting

Principal Assistant Responsible for Contracting, Colonel

Norbert Doyle, suggested there is some uncertainty as

to the geographical preferences allowed and required by

the Stafford Act.162 Another offi cial testifi ed that different

laws are necessary,163 and stated “[the Stafford Act is] like

bringing a donkey to the Kentucky Derby.”164

Numerous public offi cials have complained about

the small number of local fi rms given relief contracts,

particularly with regard to debris removal. AshBritt, the

Florida-based prime contractor for debris removal in

Mississippi, was awarded a contract in early September by

USACE.165 According to AshBritt offi cial Randy Perkins,

the company was one of 22 fi rms that bid for USACE

debris removal contracts. AshBritt won the Louisiana and

Mississippi debris removal contracts, making the fi rm the

only contractor for that job in those states. AshBritt was

notifi ed of the award 72 hours after the RFP was advertised.

The debris removal contracts have a $150 million

ceiling at $30 million per year, and were intended by

USACE to get work underway as soon as possible, with

the agency reassessing the requests later.166 USACE’s delay

in issuing RFPs was understandable given the disaster,

according to Perkins.167 He stated, it costs “hundreds of

thousands of dollars to keep pre-existing contracts in

F E

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334 A FAILURE OF INITIATIVE

place, and fi rms receive no funding for this upkeep, which

represents a free insurance policy for USACE,” and few

companies can secure the bond necessary to perform such

a large-scale project.168

AshBritt offi cial Perkins says he encountered political

“fallout” from local offi cials because the company is

not based in Mississippi or Louisiana.169 The Select

Committee was not able to substantiate his allegation,

however. Perkins also discussed recieving mixed messages

from local offi cials and ”offi cials in D.C.” While state

offi cials told him “just get the debris out,” he indicated

offi cials in D.C. sent the message to “hire local workers.”

Although the company’s contract with the government

does not require it to hire local workers, Perkins says local

contractors recieve 80 percent of AshBritt’s payments to

sub-contractors.170 Although this percentage seems to

differ from data provided in USACE progress reports, the

Select Committee was not able to substantiate the actual

level of debris removal work provided by the local sub-

contracting community.

Brown suggested the scale of the disaster and the

complexity of the response require a large fi rm’s expertise:

Debris is a huge issue. Debris is one of those issues

that is fraught with local politics. It’s fraught with

fraud, waste and abuse [and] in cleaning up debris

in a situation like Katrina, you really have to have

experts overseeing that global perspective because

you have hazardous waste. You have the whole

issue of private property versus public property

. . . . So I would caution us about going down a

path that says we’re going to have all locals do it.

I know, in my subdivision, the local garbage folks

are very adept at picking up my trash twice a week,

and they’re pretty good about hauling out debris

after a storm or something. But in the kind of

debris removal we’re talking about in Mississippi,

Alabama and Florida from last year and this year,

you really need to have a substantial company

overseeing that, to not only protect the taxpayers,

but to make sure it’s done right.171

Later Brown said, “in a small town that’s hit by a

tornado and you have to clean up 45 blocks, city blocks,

that’s one thing. Here, where you’re cleaning up entire

cities, it’s a different issue. So I would just caution that we

approach that systematically.”172

Even if this point is conceded, it appears that, despite

the Stafford Act’s preference provision, only a fraction

of the money being spent in Mississippi is going to

subcontractors based there, according to press reports

citing documents from FEMA and USACE: 173

■ Of approximately $3.1 billion FEMA had awarded by

Nov. 4, only $52.4 million, or about 1.7 percent, had

gone to Mississippi fi rms.

■ Of the $476 million that has been spent by the Corps

of Engineers in Mississippi as of Nov. 2, about 28.5

percent has gone to Mississippi companies through

direct contracts and subcontracts.

■ Of the $164 million AshBritt has been paid so far by

the Corps, only about $30 million, about 18 percent,

has made it to Mississippi subcontractors.

However, Perkins said AshBritt has far exceeded its

contractual requirements for hiring local, small, and

minority-owned businesses.174 “People don’t understand

that the general administrative costs are very high. It

takes a lot to manage one of these projects,” according

to Perkins. “We have a tremendous amount of quality

control people and logistical support and we need to pay

for their housing.”175 He said the data released by USACE

do not refl ect the involvement of Mississippi businesses

because there are several major contractors from the state

that he called “team members,” who are helping the

company administer the overall contract. He said AshBritt

also has provided “hundreds” of administrative jobs to

Mississippians.

Use of local fi rms

Some have suggested FEMA’s policies need to be changed

to have local contractors in Gulf states ready to begin

recovery work well before hurricane season.176 For

instance, instead of hiring the USACE to manage debris

removal, states susceptible to hurricanes could prepare

lists of businesses who meet federal standards to remove

debris or haul trailers, thereby enabling local governments

to award their own contracts. Local governments are more

likely to go with local contractors and local governments

have been able to get the job done more quickly and

cheaply.177

A FAILURE OF INITIATIVE 335

As of December 2005, of the nearly $8 billion expended

by all direct contracts with the federal government,

only fi ve cents of every dollar reached Mississippi prime

contractors.178 Expenditure rates show DHS (including

FEMA) has spent $4,150,359,361, with 3.5 cents for every

dollar contracted directly to Mississippi businesses. A

January 23, 2006 USACE report reported USACE awarded

over $2.3 billion in Katrina contracts with 3.54 percent of

total contract dollars going to Mississippi businesses.

Rep. Pickering noted

Congress wrote the Stafford Act to maximize the

impact of federal dollars by giving preference

to local contractors, strengthening the damaged

economy and providing jobs to communities and

victims of the disaster. . . . Mississippians have the

ability, capacity and personal incentive to do this

work. We want to rebuild and restore our home

state, and these federal contracts will help our

economy more through local contractors than

sending the money to out-of-state corporations.179

Current federal policy discourages local governments

from assuming responsibility for debris removal.180 Local

offi cials are responsible for a cost share of 10 to 25 percent

(depending on the magnitude of the disaster) if they use

their own contracts. However, if USACE contractors are

used, the reimbursement for the life of the debris removal

effort is 100 percent with no cost share. Communities

removing their own debris have been notifi ed they will

incur a 10 percent cost share beginning March 16, 2006.181

Additionally, the specter of a federal audit can be

very intimidating for local offi cials, especially for rural

communities and those that have incurred major

damage. Risk can be avoided by simply signing on with

USACE, even if it is more costly and offers less control.

For example, USACE is removing debris in Waveland,

Mississippi and other locations at a reported cost of

approximately $23 per cubic yard.182 Nearby Gulfport

hired its own contractor at $14.95 per cubic yard183 and

appears to be making faster progress.184 Gulfport’s action

is particularly bold given their signifi cant loss of ad

valorem tax base. Finally, the $8.05 per cubic yard margin

is particularly substantial given the 40 million cubic yard

debris removal requirement in Mississippi alone.

Ambiguities regarding the implementation of local

contractor preference under the Stafford Act should be

resolved. In addition, clear, unambiguous remedies and

penalties for failure to meet such statutorily mandated

preferences may need to be considered.

FEMA response to local participation issue

In response to these concerns, FEMA plans a two-pronged

approach.185 First, FEMA will competitively award

multiple fi ve-year technical assistance contracts to small

disadvantaged businesses for recovery work in the Gulf

states, with evaluation preferences keyed to the location

of both the prime contractor and subcontractors in

the affected areas. Second, FEMA plans a full and open

competition for multiple fi ve-year contracts to provide

technical assistance support on a national basis for

disaster response and recovery. Under this competition,

FEMA will require that these prime contractors meet

signifi cant small business subcontracting goals, including

the preference for local businesses as provided under the

Stafford Act.

Through this strategy, FEMA hopes to provide a diverse

group of companies the opportunity to contract with

FEMA for the Gulf coast hurricane recovery by adding

prime contracting opportunities for small disadvantaged

businesses with a geographic preference for those

located in the Gulf states.186 The national competition

approach is intended to preserve subcontracting goals

and opportunities for small and disadvantaged businesses

as part of all prime contracts for future disasters. Both

strategies will emphasize the importance of using local

businesses, a critical piece of a successful economic

recovery in a disaster-ravaged area. Select Committee staff

did not receive detailed information on what efforts, if

any, USACE is planning for its long-term Katrina-related

acquisitions.

In addition, DHS representative Larry Orluskie said

FEMA is changing some of its policies.187 Recently, FEMA

announced it will set aside $1.5 billion under 15 contracts

worth up to $100 million apiece.188 Acting FEMA Director

David Paulison stated that priority would be given to

local contractors on the fi ve-year contracts for trailer

maintenance.189 Orluskie also cited the rebidding of

several large, prime contracts as evidence that the agency

is trying to be as transparent as possible in its contracting

336 A FAILURE OF INITIATIVE

process.190 Regarding the $100 million contracts held by

Bechtel, Fluor, Shaw, and CH2M Hill, agency offi cials said

the requests have been completed and will be awarded

again in February 2006.191

Nevertheless, Carwile testifi ed “[t]he Public Assistance

program provided under Section 406 of the Stafford Act

is far too cumbersome and time consuming in terms of

getting funds through the states down to the impacted

communities” and “could be totally revamped . . . .”

He said “[t]he program is one of the most diffi cult and

contentious aspects of disaster recovery,” and “the entire

issue of Federal reimbursement for debris removal should

be addressed in a comprehensive manner.”192

Finding: Attracting emergency contractors and corporate support could prove challenging given the scrutiny that companies have endured

When federal agency resources were overwhelmed and

existing contractors unable to meet the huge demands

created by the storm, federal offi cials turned to the

private sector for assistance. In an effort to meet pressing

needs by any means possible, federal offi cials looked to

alternative sources for food,

transportation, and housing.

Many of the fi rms approached

by agency offi cials had never

contracted previously with the

federal government. Housing

was one resource in short

supply. Offi cials considered

a variety of options to shelter

victims and fi rst responders,

and approached a number of

cruise ship operators.

According to Carnival

Cruise Lines representatives,

on Wednesday, August 24,

federal offi cials contacted the

company regarding chartering

ships.193 Carnival found this

unusual given that the fi rm had never served as a federal

contractor. “[W]e were watching just the total devastation,

and we felt very strongly that it was a situation where we

were in a position to help, and we very much wanted to

help,” stated Terry Thorton, a Carnival Vice President.194

The Military Sealift Command informed Carnival the

RFP was being issued. Carnival indicated it wanted to

“help” and responded to the RFP.195 Thirteen ships were

potentially available from Carnival and others. Four ships

ultimately met the RFP requirements (which included a

requirement for medical and pharmaceutical facilities),

three belonging to Carnival. Carnival received the RFP at

9 a.m. Friday, and the initial response was due two hours

later at 11 a.m. Carnival offered three ships, and negotiated

all day with “best and fi nal” offers provided at 9 p.m.

Carnival based its bid on projected cruise revenue

for six months out, and agreed it would reduce the

fi nal bill and provide a refund if, after an internal

audit by an independent accounting fi rm, it was found

Carnival earned more than it would have in the cruise

market.196 To make the ships available, Carnival canceled

approximately 100,000 existing reservations for which

travel agent fees still had to be paid. Carnival makes its

profi t from ticket sales and “add-ons” (drinks, shore

excursions, etc.) and not in the “time charter” business,

which is a comprehensive package of food, beverages, and

activities. In addition, it incorporated taxes into its offer,

F E

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A FAILURE OF INITIATIVE 337

which will be refunded if it is determined it does not owe

taxes under U.S. law.197

Despite these provisions, numerous public offi cials and

press reports have criticized the arrangement. Attention

focused on the ships when FEMA revealed it intended to

use them to house fi rst responders. At the time, housing

for fi rst responders was in short supply, and FEMA sought

out a variety of options. “I’m not sure that everyone on

this panel would have made the same choice that FEMA

made, but this was FEMA’s choice as to how they wanted

to house people . . . . And you’ve simply said, [‘]if you

want us to do this, here’s what the circumstances are,[’]

and FEMA said, [‘]that’s okay with us,[’] and we accept

that,” stated Rep. Jefferson.198 When appreciation was

expressed by Select Committee Members for Carnival’s

assistance, Carnival offi cials replied, “[t]hank you. Because

honestly, that’s one of the few times that we’ve really been

thanked for the effort . . . .”199

The intense public scrutiny could limit the willingness

of private sector companies to offer assistance during

future disasters. Several fi rms expressed the view that the

challenges associated with emergency contracting may

not be worth the trouble. Finally, unfounded negative

publicity harms company reputations. Public sector

missions divert company assets from primary missions

and could raise questions about whether a company was

meeting its fi duciary duty to shareholders. Given the

important role the private sector played in all aspects

of the response and recovery, any loss of private sector

involvement could be critical. ■

338 A FAILURE OF INITIATIVE

1 Hearing on Recovering from Hurricane Katrina: Responding to the Immediate Needs of Its Victims Before Senate Comm. on Homeland Security and Gov’t Affairs, 109th Cong. (Sept. 28, 2005) at 58 (statement of Melvin Holden) [hereinafter Sept. 28, 2005 Senate Comm. Hearing].

2 Dep’t of Homeland Sec., Major Mgm’t Challenges Facing the Dep’t of Homeland Sec., Rpt. of the Inspector Gen., DHS FY 2005 Performance and Accountability Rpt. (Dec. 2005) at 110, available at, http://www.dhs.gov/interweb/assetlibrary/OIG_06-14_Dec05.pdf (last visited Jan. 28, 2006) [hereinafter DHS IG Rpt.].

3 DHS IG Rpt. at 111. 4 Amy Belasco, Cong. Research Service (CRS), Reallocation of Hurricane Katrina Emer. Approps.: Defense and Other Issues (Dec. 15, 2005) at CRS-3

[hereinafter CRS Approps Rpt.]. 5 Id. at CRS-3-CRS-4. 6 Frank Donze, Nagin decries slow pace of relief, TIMES-PIC. (New Orleans, LA) Oct. 21, 2005 at 1. 7 James Varney, Want answers? Don’t ask FEMA, TIMES-PIC. (New Orleans, LA) Oct. 22, 2005 at 1. 8 Hearing on Hurricane Katrina: The Role of the Fed. Emer. Mgm’t Agency Before Select Comm., 109th Cong. (Sept. 27, 2005) at 100 (statement of

Michael Brown, former Undersecretary of Emergency Preparedness and Response) [hereinafter Sept. 27, 2005 Select Comm. Hearing]. 9 Tom Gardner, Former FEMA director shoulders greater share of blame for Katrina failures, ASSOC. PRESS, Jan. 19, 2006. 10 Sept. 28, 2005 Senate Comm. Hearing at 82 (statement of Sen. Mark Pryor). 11 Sept. 27, 2005 Select Comm. Hearing at 65 (statement of Michael Brown). Note, each trailer contained 18,000 meals. 12 Id. at 150 (statement of Rep. Chip Pickering). 13 Id. at 65 (statement of Rep. Gene Taylor). 14 Id. at 66 (statement of Michael Brown). 15 Interview by Select Comm. Staff with Robert Latham, Director, Mississippi Emergency Management Agency, in Jackson, MS (Oct. 14, 2005)

[hereinafter Latham Interview]. 16 Id. 17 Hearing on Hurricane Katrina: Perspectives of FEMA’s Operations Professionals Before Senate Comm. on Homeland Security and Gov’t Affairs, 109th

Cong. (Dec. 8, 2005) at 6 (written statement of William L. Carwile) [hereinafter Dec. 8, 2005 Senate Hearing]. 18 Id. 19 Id. 20 Id. 21 Interview by Select Comm. Staff with Bruce Baughman, Director, Alabama Emergency Management Agency, in Clancy, AL (Oct. 11, 2005)

[hereinafter Baughman Interview]. 22 Interview by Select Comm. Staff with Tim Payne, Branch Chief and Emergency Management Program Coordinator, Alabama, in Clanton, AL

(Oct. 11, 2005) [hereinafter Payne Interview]. 23 Baughman Interview. 24 Id. 25 Id. 26 Payne Interview. These items included transportation, water, ice, materials handling equipment, cots plus bedding supplies, sandbags, meals,

fuel, tarps, project management and logistics services, special needs beds, headquarters / offi ce coordination capabilities. 27 Sept. 27, 2005 Select Comm. Hearing at 73 (statement of Michael Brown). 28 Frank Davies, Gov. Bush: Keep Disaster Response Local, HERALD (Miami), Oct. 20, 2005 at A-26 [hereinafter Herald Article]. 29 Id. 30 Briefi ng for Select Comm. Staff by Gary Moore, Director of Logistics, FEMA (Jan. 9, 2006). 31 See Interview by Select Comm. Staff with Scott Wells, Deputy FEMA Federal Coordinating Offi cer, in Baton Rouge, LA (Nov. 9, 2005),

[hereinafter Wells Interview]; see also Interview by Select Comm. Staff with Tony Robinson, FEMA Operations Offi cer, in Baton Rouge, LA (Nov. 10, 2005) [hereinafter Robinson Interview].

32 Interview by Select Comm. Staff with Matt Farlow, Chief Information Technology Division (LOHSEP), in Baton Rouge, LA (Nov. 4, 2005) [hereinafter Farlow Interview].

33 Id. 34 Id. 35 Id. 36 See Interview by Select Comm. Staff with LTC William Doran, Chief, Operations Division, Louisiana Offi ce of Homeland Security and

Emergency Preparedness (LOHSEP), in Baton Rouge, LA (Nov. 7, 2005) [hereinafter Doran Interview]; see also Interview by Select Comm. Staff with Jim Ballou, Operations Division, Louisiana Offi ce of Homeland Security and Emergency Preparedness (LOHSEP), in Baton Rouge, LA (Nov. 7, 2005) [hereinafter Ballou Interview].

37 See Doran Interview; see also Ballou Interview. 38 See Wells Interview; see also Robinson Interview. 39 Robinson Interview. 40 Id. 41 Id. 42 Id. 43 See Doran Interview; see also Ballou Interview; see also Interview by Select Comm. Staff with Dr. Walter Maestri, Emergency Manager for

Jefferson Parish, in New Orleans, LA (Nov. 8, 2005) [hereinafter Maestri Interview]; Interview by Select Comm. Staff with Jiff Hingle, Plaquemines Parish Sherriff, in New Orleans, LA (Nov. 8, 2005) [hereinafter Hingle Interview]; see also Interview by Select Comm. Staff with Terry Ebbert, Director of Homeland Security for the City of New Orleans, in New Orleans, LA (Nov. 9, 2005) [hereinafter Ebbert Interview].

44 Farlow Interview.

A FAILURE OF INITIATIVE 339

45 Sept. 27, 2005 Select Comm. Hearing at 110 (statement by Michael Brown); see also Interview by Select Comm. Staff with Bill Lokey, FEMA Federal Coordinating Offi cer, in Washington, DC (Dec. 2, 2005) [hereinafter Lokey Interview].

46 See Doran Interview; see also Ballow Interview; see also Lokey Interview; see also Interview by Select Comm. Staff with Phil Parr, Dep. Fed. Coordinating Offi cer, FEMA, in Washington, DC (Dec. 8, 2005) [hereinafter Parr Interview].

47 Interview by Select Comm. Staff with Andy Kopplin, Chief of Staff to Governor Blanco, in Baton Rouge, LA (Nov. 6, 2005) [hereinafter Kopplin Interview].

48 See Maestri Interview; see also Hingle Interview; see also Ebbert Interview. 49 Maestri Interview. 50 See, Interview by Select Comm. Staff with Jeff Smith, Deputy Director, Louisiana Offi ce of Homeland Security and Emergency Preparedness, in

Baton Rouge, LA (Nov. 7, 2005) [hereinafter Smith Interview]; see also Lokey Interview; see also Wells Interview. 51 Ebbert Interview. 52 Id. 53 Id. 54 Kopplin Interview. 55 Hingle Interview. 56 See Wells Interview; see also Robinson Interview. 57 Id. 58 Id. 59 Robinson Interview. 60 Sept. 27, 2005 Select Comm. Hearing at 106-107 (statement of Michael Brown). 61 Id. at 108 (statement of Michael Brown). 62 Id. at 110 (statement of Michael Brown). 63 Id. at 108 (statement of Michael Brown). 64 Id. at 110 (statement of Michael Brown). 65 Sept. 28, 2005 Senate Comm. Hearing at 5-6 (written statement of Melvin Holden). 66 Id. at 7 (written statement of Melvin Holden). 67 Dec. 8, 2005 Senate Comm. Hearing at 9 (written statement of William Carwile). 68 Id. 69 Sept. 27, 2005 Select Comm. Hearing at 164 (statement of Michael Brown). 70 Id. Note, Mr. Brown left FEMA shortly after this plan was devised. He testifi ed that he was unaware of whether this proposal was ultimately

implemented. Sept. 27, 2005 Select Comm. Hearing at 164 (statement of Michael Brown). 71 Sept. 28, 2005 Senate Comm. Hearing at 9 (written statement of William Carwile). 72 Id. 73 Baughman Interview. 74 Baughman Interview; see also Interview by Select Comm. Staff with David Tranter, General Counsel for Alabama Emergency Management

Agency, in Clanton, AL (Oct. 11, 2005) [hereinafter Tranter Interview]. 75 Interview by Select Comm. Staff with Toby Roth, Chief of Staff to Governor Barbour, in Montgomery, AL (Oct. 12, 2005) [hereinafter Roth

Interview]. 76 Dec. 8, 2005 Senate Comm. Hearing at 6 (written statement of William Carwile). 77 Sept. 27, 2005 Select Comm. Hearing at 149-150 (statement of Rep. Chip Pickering); see also Sept. 27, 2005 Select Comm. Hearing at 146

(statement of Michael Brown.). 78 Sept. 27, 2005 Select Comm. Hearing at 150 (statement of Rep. Chip Pickering). 79 Id. at 149-150 (statement of Michael Brown). 80 Dec. 8, 2005 Senate Comm. Hearing at 6 (written statement of William Carwile). 81 Id. at 163 (written statement of William Carwile). 82 Hearing on Hurricane Katrina: What Can Government Learn from the Private Sector’s Response Before the Senate Comm. on Homeland Security and

Gov’t Affairs, 109th Cong. (Nov. 16, 2005) at 6 (written statement of Jason Jackson) [hereinafter Nov. 16, 2005 Senate Comm. Hearing]. 83 Id. at 2 (written statement of David. M. Ratcliffe). 84 Id. at 5 (written statement of David. M. Ratcliffe). 85 Id. at 7-8 (written statement of Kevin T. Regan). 86 Id. at 3 (written statement of Stanley S. Litow). 87 Id. 88 Offi ce of Inspector General, Dep’t of Homeland Security, Emergency Preparedness and Response Could Better Integrate Information Technology with

Incident Response and Recovery (Rpt. No. OIG-05-36), at 5 (Sept. 2005) [hereinafter DHS IT Report]. 89 See generally, DHS IT Report; see also Laurie Sullivan, FEMA’s Foul-up; Report says agency’s computer systems failed to track supplies during last year’s

hurricane season, INFOR. WEEK, Oct. 3, 2005 [hereinafter FEMA Foul Up Article]. 90 FEMA Foul Up Article. 91 DHS IT Report at 21. 92 Id. at 3. 93 Id. at 27. 94 FEMA Foul Up Article. 95 DHS IG Report at 46. 96 FEMA Foul Up Article. 97 Id. 98 Id.

340 A FAILURE OF INITIATIVE

99 Katrina Spending Highlights, ASSOC. PRESS, Sept. 8, 2005. 100 Sept. 28, 2005 Senate Comm. Hearing at 47 (statement of Dan Coody). 101 Id. 102 Id. at 79 (statement of Dan Coody). Mr. Coody further stated that Wal-Mart “immediately responded by sending two engineers to create a

warehouse system for our facility, a distribution center supervisor and two additional employees to oversee the operation. During peak hours we had over 100 volunteers, city employees, Wal-Mart employees, and work release inmates working side by side to organize the donations. The trailers were unloaded by Saturday [September 10], and the donations were ready for shipment by September 15.” Sept. 28, 2005 Senate Comm. Hearing at 2 (written statement of Dan Coody).

103 Nov. 16, 2005 Senate Comm. Hearing at 2 (statement of David Ratcliffe). 104 Id. at 2 (statement of Kevin T. Regan). 105 Id. at 1-2 (statement of Jason Jackson). 106 Id. at 22 (statement of Stanley S. Litow). 107 Sept. 28, 2005 Senate Comm. Hearing at 48 (statement of Dan Coody). 108 Id. at 2-3 (written statement of Dan Coody). 109 Id. at 48 (statement of Dan Coody). 110 Id. 111 Id. at 49-50 (statement of Dan Coody). 112 Id. at 80 (statement of Dan Coody). 113 Id. at 80-81 (statement of Dan Coody). 114 Id. at 81 (statement of Dan Coody). 115 Id. 116 Id. 117 Renae Merle, Lack of Contracts Hampered FEMA; Dealing With Disaster on the Fly Proved Costly, WASH. POST, Oct. 10, 2005 at A01 [hereinafter

Contracts Article]. 118 Contracts Article. 119 Nov. 2, 2005, Select Comm. Hearing at 5 (statement of Chairman Tom Davis). 120 Interview by Select Comm. Staff with Greg Rothwell, DHS Chief Procurement Offi cer, and Mui Erkum, Chief of Staff to Greg Rothwell, in

Washington, D.C. (Sept. 19, 2005) [hereinafter Rothwell / Erkum Interview]. 121 Id. 122 Smith Interview; see also Maestri Interview. 123 Smith Interview. 124 Id. 125 Id. 126 Sept. 27, 2005 Select Comm. Hearing at 100 (statement of Michael Brown). 127 Chris Gosier, Another Katrina casualty: Competition; No-bid Contracting Surges for Recovery Work, FED. NEWS, Jan. 09, 2006 at 1 [hereinafter No-

bid Article]. 128 Id. 129 See generally Nov. 2, 2005 Select Comm. Hearing. 130 Interview by Select Comm. Staff with Stephen Marlo, Vice President and Manager of Washington Operations and George Bevan, The Shaw

Group, in Washington, D.C. (Oct. 25, 2005) [hereinafter Marlo / Bevan Interview]. 131 The blue roof program involves teams of contract personnel professionally installing high quality plastic sheeting over damaged roofs. This

was fi rst used extensively following Hurricane Andrew and again in Hurricane Georges in Puerto Rico, and, in 2004, in Florida. It enables families to reoccupy their houses until more permanent repairs can be made.

132 Marlo / Bevan Interview. 133 Id. 134 Id. 135 Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5206 (2005) [hereinafter Stafford Act]. 136 Rothwell / Erkum Interview. 137 Id. 138 Id. Procurement offi cials indicated that the $250,000 card threshold increase was unnecessary and did not plan to use it. 139 Rothwell / Erkum Interview. 140 Id. 141 Id. 142 Id. 143 Id. 144 Id. 145 Id. 146 Id. 147 Id. 148 Id. 149 See generally Rothwell / Erkum Interview. 150 Rothwell / Erkum Interview. 151 Gov’t Accountability Offi ce, Successes and Challenges in DHS’ Efforts to Create an Effective Acquisition Organization (GAO-05-179) (Mar. 2005) at 5. 152 Smith Interview. 153 Id.

A FAILURE OF INITIATIVE 341

154 Id. 155 See Smith Interview; see also Maestri Interview. 156 During the Nov. 2, 2005 Select Comm. Hearing on contracting, Members posed questions that witnesses from DHS and FEMA were unable to

answer. Although they committed to providing answers to these questions as well as additional information, agency personnel failed to do so despite repeated inquiries. See generally, Nov. 2, 2005 Select Comm. Hearing.

157 Stafford Act. Note, the Stafford Act was fi rst enacted in 1974. 158 See Stafford Act at § 5150; see also Fed. Acq. Reg. (FAR) §§ 26.200 – 26.201. 159 See Stafford Act at §§ 5121-5206, which directs that preference be given “to the extent feasible and practicable” to businesses and individuals

from the affected areas. 160 See HAP Construction Inc., 98-2 CPD 76 (1998) (Gov’t Accountability Offi ce Decision No. B-280044.2) (Sept. 21, 1998). 161 See Stafford Act at §§ 5121-5206. 162 Nov. 2, 2005 Select Comm. Hearing at 88-89 (statement of Norbert Doyle). 163 Dec. 8, 2005 Senate Hearing (statement of Scott Wells, Deputy Federal Coordination Offi cer, FEMA (citing press reports) 164 Greta Wodele, FEMA offi cials: Military delayed Superdome evacuation, GOVEXEC.COM, Dec. 8, 2005. 165 Interview by Select Comm. Staff of Randy Perkins, Managing Vice President of AshBritt Environmental, Inc., in Washington, D.C. (Nov. 14,

2005) [hereinafter Perkins Interview]. 166 Id. 167 Id. 168 Id. 169 Id. 170 Id. 171 Sept. 27, 2005 Select Comm. Hearing at 150-151 (statement of Michael Brown). 172 Id. at 153 (statement of Michael Brown). 173 Joshua Cogswell, Doling of storm funds rapped, CLARION-LEDGER (Jackson, Mississippi) Nov. 13, 2005 at 1A [hereinafter Storm Funds Article]. 174 Id. 175 Id. 176 See generally, Nov. 2, 2005, Select Comm. Hearing; see also Dec. 8, 2005 Senate Comm. Hearing. 177 Id.; see also Press Release, Rep. Chip Pickering, regarding Contracting (Nov. 3, 2005). 178 Dep’t of Homeland Security, Report of U.S. Gov’t Direct Contracts, including FEMA, as provided by the HCIC, as of December 12, 2005. 179 Press Release, Rep. Chip Pickering, regarding Contracting and the Stafford Act (Dec. 21, 2005). 180 U.S. Army Corps of Engineers, Small/Local Business Update as of 1/23/06. 181 See, Mississippi; Major Disaster and Related Determinations (FEMA-1604-DR, Amendment 12) (Aug. 29, 2005, as amended Dec. 21, 2005). 182 Mike Brunker, Dust fl ies over Katrina’s Debris, MSNBC, Jan. 29, 2006. 183 Interview (Telephone) by Rep. Pickering Staff with Brent Warr, Mayor, Gulfport, MS from Washington, D.C. (Dec. 2005). 184 Select Committee Members who toured the Gulf coast in January 2006 agreed with this assessment. 185 Storm Funds Article. 186 Id. 187 Id. 188 Id. 189 Id. 190 Id. 191 Id. 192 Dec. 8, 2005 Senate Comm. Hearing at 7-8 (written statement of William Carwile). 193 Interview by Select Comm. Staff with Jon K. Waldron and T. Michael Dyer, outside counsel for Carnival Cruise Lines, in Washington, D.C.

(Oct. 3, 2005) [hereinafter Carnival Counsel Interview]. 194 Nov. 2, 2005 Select Comm. Hearing at 170 (statement of Terry Thornton). 195 Carnival Counsel Interview. 196 Id. 197 Id. 198 Nov. 2, 2005 Select Comm. Hearing at 172 (statement of Rep. William Jefferson). 199 Id. at 173-174 (statement of Terry Thornton).

342 A FAILURE OF INITIATIVE

“While well intentioned, the volunteers never had a good grasp on security requirements for

fi nancial assistance distribution operations. On numerous instances, the ARC [American

Red Cross] volunteers would simply fi nd a vacant parking area and commence voucher

distribution operations. Immediately, crowds would gather and would overwhelm the

distribution site. The ARC would then call on the Guard for assistance.

“Repeated attempts were made to reinforce the need for prior coordination for site security.

It was not until mid-September that the ARC started coordinating these operations.”

Major General Harold A. Cross

The Adjutant General, State of Mississippi

In Response to Questions from Select Committee, November 22, 2005

F E

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A FAILURE OF INITIATIVE 343

CHARITABLE ORGANIZATIONS

Contributions by charitable organizations assisted many in need, but the American Red Cross and others faced challenges due to the size of the mission, inadequate logistics capacity, and a disorganized shelter process

Summary

Following Katrina’s devastation, countless numbers of

charities provided billions of dollars in relief to those in

need. According to the Center on Philanthropy at Indiana

University, as of January 9, 2006, private donations,

including cash and in-kind gifts have reached $3.13

billion.1 According to the Government Accountability

Offi ce (GAO), the efforts of charitable organizations in

the Gulf coast represent the largest disaster response effort

in United States history.2

Under the National Response Plan (NRP), the American

Red Cross (Red Cross) is the primary agency responsible for

Emergency Support Function (ESF) #6, Mass Care, Housing

and Human Services. As the only nongovernmental

organization with lead agency responsibilities under the

NRP, the Red Cross plays the crucial role of helping to

provide food and shelter to disaster victims.

Katrina, however, was too much for the Red Cross.

The Red Cross was challenged to meet its responsibilities

under the NRP, as its $2 billion relief operation was 20

times larger than any previous Red Cross mission. Like

FEMA, the Red Cross did not have a logistics capacity

sophisticated enough to deal with a catastrophe of

Katrina’s size. The Red Cross was dependent on FEMA

and the Department of Defense (DOD) to provide

critical commodities such as kitchen supplies, water, and

food. The Red Cross was challenged by the sometimes

disorganized manner in which shelters were established.

Some shelters were unknown to the Red Cross until

after they were already opened by local offi cials. The Red

Cross was unable to staff some locally-operated shelters,

including the Superdome, because charity offi cials were

denied access.

Challenges aside, as of January 12, 2006, the Red Cross

reported it had raised $2 billion for Katrina relief, by far

the largest amount of money raised by a charity.3 The

Salvation Army had raised the second-highest amount,

$295 million.4 The Bush-Clinton Katrina Fund and

Catholic Charities were the next-largest fund raisers,

raising $137 and $100 million respectively.5 Other major

U.S. charitable organizations, including the United Way,

have also contributed meaningfully to the response and

recovery effort. One feature of the United Way’s response

has been its focus on restoring the network of local social

service agencies in the region.6

Many of the charities responding to Katrina worked

with each other to coordinate the delivery of a multitude

of services, including providing food, shelter, and medical

assistance.7 Charities have shared information through

daily conference calls and through electronic databases

that allow multiple organizations to obtain information

about services provided to hurricane victims.8

As much as any organization, public or private,

the Red Cross played a substantial role in the immediate

response to Hurricane Katrina. In what became a

$2 billion, 220,000-person enterprise, the relief efforts

undertaken by the Red Cross include the provision of

fi nancial assistance to 1.2 million families, encompassing

more than 3.7 million hurricane survivors.9 As of January

9, 2006, the Red Cross reported that since Katrina made

landfall, it had provided hurricane survivors with nearly

F E

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344 A FAILURE OF INITIATIVE

3.42 million overnight stays in nearly 1,100 shelters across

27 states and the District of Columbia.10 In coordination

with the Southern Baptist Convention,11 the Red Cross has

served more than 52 million meals or snacks to hurricane

survivors.12 The Katrina response is larger — 20 times so —

than any other Red Cross mission in its 125-year history.13

Pre-landfall actions

The Red Cross’ Gulf coast-area preparation was far along

two days before Katrina made landfall. As of 2:00 p.m.

on August 27, the Red Cross reported to the White House

and the Department of Homeland Security, among other

governmental organizations that it “has every resource at

its disposal on alert/moving in anticipation of this event

to include personnel, equipment, and materials.”14 Key

aspects of this preparation included:

■ Chapters across the region are opening shelters in

support of evacuations in all states.15

■ 275,000 HeaterMeals staged in Baton Rouge, Louisiana.

■ 225,000 HeaterMeals staged in Montgomery, Alabama.

■ 15 sites being identifi ed to bring in big kitchens with

support of Southern Baptists to provide 300,000 meals

per day feeding capability.

■ All 14 Disaster Field Supply Center warehouses loading

supplies including 50,000 cots, 100,000 blankets,

comfort and clean-up kits.

■ All vehicles in the Red Cross fl eet across the country

are on alert for possible deployment and are being

dispatched to staging areas.

■ All 8 Emergency Communications Response Vehicles

(ECRVs) deployed to staging areas.

■ Red Cross staff deployed to NRCC, Region VI RRCC,

Region IV RRCC, ERT-As and other ESF #6 posts.16

By August 28, the Red Cross started to understand

the potential magnitude of Katrina. One of its Disaster

Operations Reports noted, if Katrina makes landfall at

its current pressure, “it will be the most intense storm

to hit the U.S. mainland.”17 Also on the same day it was

reported, “For the fi rst time ever, an ESF6 coordination

center will be set up tomorrow at American Red Cross

national headquarters to coordinate the deliver [sic]

mass care services with our governmental and non-

governmental organization partners.”18

Post-landfall actions

As Katrina made landfall on August 29, the Red Cross

was fully staffi ng all of the relevant state and federal

Emergency Operations Centers (EOCs), including

Alabama, Louisiana, Florida, Mississippi, Georgia, South

Carolina, Tennessee, Federal Emergency Management

Agency (FEMA) Regions IV and VI’s Regional Response

Coordination Center (RRCC), FEMA’s National Response

Coordination Center (NRCC), as well as Emergency

Response Advance Element Teams (ERT-A) teams in

Florida, Alabama, Mississippi and Louisiana.19 Sites for 25

kitchens for a total daily capacity of 500,000 people were

identifi ed and pre-staged.20 The Red Cross was also aware

of the increasing population at the Superdome, a shelter

of last resort it did not support.21 Figure 1 shows Red

Cross interactions with these various operations centers.

Figure 1:

Red Cross Involvement at Emergency Operations Centers

Sites for 25 kitchens for a total daily capacity of 500,000 people were identifi ed and pre-staged.

RED CROSS

A FAILURE OF INITIATIVE 345

Montgomery, Alabama Regional Headquarters

The day-to-day paid operations staff of the service area

coordinates the fundraising and communications and

provides the institutional knowledge of the affected

area.22 Armed with the right data, and knowledge of the

area, the information and resources management cell can

provide essential services to those in need.23

The Red Cross’ temporary, regional disaster

headquarters in Montgomery, Alabama serves Alabama,

Mississippi, Louisiana, and the Florida panhandle.24 The

facility serves, “triple functions:” (1) a volunteer and staff

shelter; (2) a warehouse for food and supplies; and (3) a

temporary regional corporate headquarters – basically a

hub for all relief operations in the Gulf coast region.25

The facility has been under lease for over a year, and

was used during the 2004 hurricane season as a base of

response operations for Hurricanes Dennis and Ivan.26

Following Hurricane Katrina, the facility was re-opened

Thursday, September 1, and was mostly operational

within 24 hours and completely operational within 72

hours.27 Skip Batchelor, a 20-year Red Cross veteran, said

the facility would remain operational through October

2005.28 The lifecycle of the emergency facility was,

therefore, about two months.29

Located in an old K-Mart building, the facility houses

all of the functions of a major corporation.30 Having the

appearance of large political campaign, there are hundreds

of folding tables and chairs divided into work areas by

function.31 Some functional areas included:32

Warehousing. Approximately 30 percent of the facility served as storage location for food stuffs and

supplies, including, cots, blankets, coolers, comfort

kits, and meals ready to eat (MREs).

Staff Shelter. At its peak the facility housed 450 Red Cross personnel (staff and volunteers).

Transportation. The facility’s parking lot was approximately 30 percent populated with large

rental trucks, most supplied by Budget, which

donated approximately 50 percent of the rental

trucks free of charge. Numerous truck drivers

reported each morning ready to drive goods to

various points of service in the region. The Red

Cross contracted with Shell to install an on site

gasoline supply for its vehicles. The Red Cross was

able to take advantage of wholesale pricing on this

gasoline.

Information Technology (IT). Work stations had computer, internet and telephony capability. There

was a central IT department that supported the

entire facility.

Real Estate. The Red Cross leased other facilities to serve as points of contact for client interaction.

Their real estate team located and secured these

properties.

Chapter Outreach. Personnel attempted to coordinate the fi eld needs with the resources

available at headquarters.

Jobs and Training. Served as a clearinghouse for job opportunities and training for the displaced.

Financial Assistance. Analysis of client needs and eligibility for fi nancial assistance.

FEMA interface. Provided assistance in connecting victims to FEMA.

Other NGO Coordination. Personnel worked to coordinate with the other key charities and non-

government organizations (NGOs) to ensure that

the clients are directed to and made aware of all

of the potential relief resources. The key charities

that clients are referred to include: Baptist Kitchens

F E

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346 A FAILURE OF INITIATIVE

(food), Mennonites (home rebuilding), VOAD –

Voluntary Organizations Active in Disaster (various

local volunteers and other smaller relief entities,

many of which are faith-based), Catholic Charities,

and Habitat for Humanity (new homes).

Government Liaison. Government outreach to coordinate shelter operations, rescue and client

outreach.

Volunteer Coordination. At its peak, the facility processed 45,000 volunteers.

Data Entry. There appeared to be 60 to 100 work stations for data entry, half of which are paid

temporary workers and half are volunteers.

The ability of the Red Cross to rapidly open and

operate such a sophisticated facility in a short amount

time refl ects the sophisticated planning regime the Red

Cross has long had in place. The rapid standing up of the

facility was described by Laura Howe a Birmingham-based

Red Cross offi cial as the equivalent of opening a Fortune

500 company in a couple days time.33

The Red Cross, much like FEMA, did not have a logistics capacity sophisticated enough to deal with a truly catastrophic disaster the size of Katrina

The Red Cross was dependent on FEMA and DOD to

provide certain supplies—particularly food in the form of

MREs—so it suffered from all the weaknesses in the FEMA

and DOD supply chain discussed earlier.

The fl ooding of New Orleans became a reality on August

30 and the Mayor declared that “80 percent of the city is

under water and media sources report the water level is still

rising, due in part to broken levees and failed water pumps

in the city.”34 By 8:00 a.m. on August 30, the Red Cross

was operating 254 shelters for 41,013 people and serving

more than 63,000 meals a day.35 According to the Red

Cross’ periodic reporting documentation, these numbers

continued to grow. The largest number of meals served

in a day occurred on September 4, when nearly 946,000

meals were provided.36 Figure 2 shows the Red Cross daily

statistics for the number of shelters in operation, their

population, and the number of meals served per day.

Figure 2:

Red Cross Service Levels By Day

Red Cross

Figure 3 shows the daily shelter population for Louisiana,

Mississippi, Alabama, and a fourth category with the

shelter population in all other states.

The Red Cross was encouraged by its pre-landfall

staging operation, deeming it largely a success.37 That

being said, the unprecedented devastation of Katrina,

both in terms of property damage and number of

Date Number Population Number Source of Shelters of Meals

August 26 6 584 1,209 DOSR #2

August 27 3 252 3,884 DOSR #4

August 28 3 244 4,454 DOSR #6

August 29 239 37,091 N/A DOSR #9

August 30 254 41,013 63,175 DOSR #11

August 31 259 52,719 114,413 DOSR #12

September 1 275 76,453 170,465 DOSR #14

September 2 308 94,308 N/A DOSR #17

September 3 361 96,178 137,588 DOSR #18

September 4 397 106,970 945,886 DOSR #20

September 5 413 124,617 618,938 DOSR #22

September 6 490 125,941 485,983 DOSR #24

September 7 504 143,712 669,271 DOSR #26

September 8 527 138,294 683,826 DOSR #28

September 9 510 101,381 534,864 DOSR #30

September 10 468 97,892 501,318 DOSR #32

September 11 443 88,883 491,751 DOSR #34

September 12 445 74,890 444,793 DOSR #36

September 13 348 62,931 359,816 DOSR #38

RED CROSS

Figure 3:

Daily Shelter Population By State

A FAILURE OF INITIATIVE 347

individuals affected, was much larger than the Red

Cross was equipped to handle. Its logistics system

was not sophisticated enough – especially with regard

to food service. Many problems were experienced in

obtaining enough food to satisfy client needs. Many of

the food orders processed through FEMA were either

inexplicably canceled or never satisfi ed. On follow-up, it

was discovered that many of the orders placed by the Red

Cross with FEMA were not refl ected in FEMA’s systems.38

FEMA’s logistics system was not sophisticated enough to

handle the volume Katrina triggered.

The Red Cross experienced substantial communication

issues with FEMA.39 The Red Cross relied on FEMA to

provide food, fuel, mobile refrigeration equipment,

portable toilets, and many other primary necessities to

operate its shelters.40 Ordinarily these needs are requested

by the Red Cross through the respective states.41 As

Katrina gathered force the Red Cross compiled requests

for Louisiana, Mississippi, and Alabama among other

states.42 These requests refl ected predicted need levels

for food, MREs, water, fuel, and other indispensable

commodities.43 In Mississippi, the Red Cross requests

were cut substantially by FEMA middle management.44

Joseph C. Becker, Senior Vice President of Preparedness

and Response told Select Committee staff that the upper

management of FEMA, including Dan Craig, the Director

of the Recovery Division was responsive to Red Cross

needs, but the middle level personnel, who were described

as “FEMA’s mushy middle” proved to be unnecessarily

meddlesome.45 FEMA’s middle ranks, according to Becker,

canceled orders, lost orders and were the root cause of

many of the problems experienced in the fi eld.46 MREs

were ordered and were to be used to feed people during

the period before the feeding kitchens were up and

running.47 These MREs were canceled by FEMA under the

logic that the Red Cross had also ordered food for the

kitchens.48

The master log of offi cial requests made by the Red

Cross to FEMA under ESF #6 further reveals the ineffective

logistics system.49 The offi cial requests, called Action

Request Forms (ARFs), are processed through the FEMA

logistics system.50 A total of 99 ARFs were submitted

to FEMA by the Red Cross. Red Cross resource requests

are processed through the fi ve emergency coordination

centers – the NRCC at FEMA headquarters (18 ARFs),

the Regional Response Coordination Center (RRCC) for

FEMA Region IV in Atlanta, Georgia (22 ARFs), the RRCC

for FEMA Region VI in Denton, Texas (9 ARFs), the Joint

Field Offi ce (JFO) in Baton Rouge, Louisiana (30 ARFs),

the JFO in Jackson, Mississippi (13 ARFs), and the JFO in

Austin, Texas (7 ARFs).

Given the enormous nature of the Katrina relief effort,

and the important role the Red Cross plays in the NRP,

99 requests is not an extraordinarily large number. FEMA,

however, could not handle these requests. Only 22 of the

99 ARFs were deemed “Received” by the Red Cross, and 8

were canceled or withdrawn.

A careful review of the master log suggests that

the logistics system did not work. Figure 4 is a table

identifying logistics problems.

Figure 4:

Offi cial Requests By The Red Cross to FEMA (selected).

RED CROSS

Chapter resources and self-reliance could be buttressed

by extending chapter self-reliance to 72 hours. Each

chapter is generally equipped to survive on its own for

Center Date Requested Resources Ordered What Occurred

NRCC August 30 700,000 MREs Received only

for AL and MS 400,000 and not

until September 8

did 600,000

additional MREs

arrive for MS.

NRCC September 1 300,000 MREs for LA Order canceled,

then un-canceled.

Product delivered

on October 8.

NRCC September 10 126 5-person security No security

teams needed (630 total) received.

for sites in MS

Reg. IV September 1-3 13 orders for “Kitchen Received, 10-14

Support,” which includes days after request

refrigerator, propane, was approved.

diesel, hand washing RC forced to

stations, porta potties, purchase items

water buffalo, among independently

other kitchen items. to ensure

continuous feeding.

Reg. VI September 1 9 orders for “Kitchen Not received.

Support” for Louisiana. Items purchased

Kitchens were for use in independently by

Alexandria, Baton Rouge, Red Cross.

Bogor, Covington,

Hammond, Kenner, and

Prairieville.

348 A FAILURE OF INITIATIVE

the fi rst 48 hours. If expanded to 72 hours, FEMA should

be able to assist the Red Cross at the national level in re-

stocking the pipeline.51

The Red Cross was challenged by the sometimes disorganized manner in which shelters were established

While the Red Cross has an established role in operating

shelters, many of the local governments set up ad hoc

shelters without notifying the Red Cross. In other cases,

the Red Cross was denied access to shelters.

The Red Cross has been criticized in both Mississippi

and Louisiana for a variety of reasons, from excessive levels

of bureaucracy to lack of suffi cient shelters and food.52

Becker said the root cause of many problems centered

on substantial incongruities between the state and local

political leadership on one hand and state emergency

management personnel on the other.53 Far too often state

emergency management personnel and local political

leadership were not aligned.54 The Red Cross would receive

one set of directions from the state and another from the

locals.55 Becker said, however, with independently elected

sheriffs, mayors, and county and parish commissioners,

this is not an easily avoidable problem.56 Many complaints

lodged at the Red Cross refl ected their policy of not

operating shelters in danger zones.57 Local political

leadership often feels compelled to open shelters in their

locales even when the entire county or parish is subject to

a mandatory evacuation order.58 The Red Cross has trouble

servicing these shelters, both from an access perspective

(the roads are sometimes inaccessible) and from an

identifi cation perspective (sometimes nobody tells the Red

Cross where the shelters are).59

The Mississippi National Guard had numerous issues

with the Red Cross. The primary complaint was the Red

Cross’ failure to establish a formal operations section in

accordance with the National Incident Management System

combined with the fact that the Red Cross is staffed almost

exclusively by volunteers. According to Major General

Harold Cross, the Mississippi Adjutant General:

While well intentioned, the volunteers never

had a good grasp on security requirements for

fi nancial assistance distribution operations. On

numerous instances, the ARC volunteers would

simply fi nd a vacant parking area and commence

voucher distribution operations. Immediately,

crowds would gather and would overwhelm the

distribution site. The ARC would then call on the

Guard for assistance. Repeated attempts were made

to reinforce the need for prior coordination for

site security. It was not until mid-September that

the ARC started coordinating these operations.

Also, the ARC had volunteers who attempted

to coordinate directly with subordinate Guard

units for shelter and distribution site security.

The Forward EOC operations offi cer met with

ARC representatives on numerous occasions to

defi ne the requirements for security taskings.

The ARC rarely adhered to these requirements.

Consequently, the National Guard stayed in a

reactive mode concerning security of distribution

sites and shelters and hundreds of man hours were

wasted. For future events, if the ARC would position

a senior operations representative in the Forward

Emergency Operations Center, many of the security

issues would be resolved. This senior person should

not rotate every few days.60

Cross also recommended the integration of NGO’s like

the Red Cross, into the Incident Command System.

GAO has testifi ed the Red Cross did not provide relief

in certain hard-to-reach areas because of safety policies.61

Similarly, media reports indicate the Red Cross was slow

to arrive in some small rural towns.62 The Mississippi

town of Pearlington, population 1,684, received no Red

Cross support for weeks.63 A Florida state disaster team

set up a shelter, but the Red Cross said it was unsafe

and declined to run it.64 In Pearlington, the Red Cross

declined to operate one shelter because it lacked a

dehumidifi er.65

Far too many shelters were unknown to the Red Cross,

making it diffi cult for it to deploy resources.66 Many of

these shelters were within the danger or surge zones,

including the Superdome. The Red Cross does not service

these “shelters of last resort,” as it would put its volunteers

in harm’s way.67 After Katrina passed, the Red Cross did

attempt to deliver provisions to the Superdome, but was

denied access.68 “The Homeland Security Department has

requested and continues to request that the American Red

Cross not come back into New Orleans. Right now access

A FAILURE OF INITIATIVE 349

is controlled by the National Guard and local authorities.

. . . We cannot get into New Orleans against their orders,”

Renita Hosler, a Red Cross spokesperson, told The

Pittsburgh Post-Gazette.69

The Red Cross encountered many access problems

where local law enforcement would not permit entry

to establish a shelter.70 The Select Committee asked the

Red Cross for an accounting of the shelters utilized as

compared to the pre-approved shelter list,71 and for the

reasons behind any differences. The Red Cross provided

the Select Committee with a complete list of every

shelter in operation between the dates of August 25 and

September 30,72 but will not provide a specifi c listing

explaining why certain pre-approved shelters were not

used. Lori Polacheck, of the Red Cross general counsel’s

offi ce said this was too diffi cult an undertaking.73

The Red Cross was challenged by the magnitude and

chaos of the evacuation of people before landfall and after

the fl ooding in New Orleans. People were moved, either

by government agencies or on their own initiatives, all

over the country in a haphazard way, making it diffi cult

for the Red Cross to track and care for the needs of

evacuees.

From the Red Cross’ perspective, the transportation of

evacuees by FEMA was disorganized and uncoordinated.

As a primary provider in the feeding and sheltering of

the displaced, the Red Cross needed advance notice

of how many people it would be asked to serve. Many

problems were reported in this area. The information

communicated to the Red Cross by FEMA was unreliable.

There appeared to be no correlation between the

information communicated by FEMA and what actually

happened.74 Howe noted that often airplanes of

evacuees would arrive without any warning. Conversely,

it seemed to Howe, whenever warnings of arrivals were

communicated, the arrivals often failed to materialize.75

This has been chronicled in the press. The San Jose

Mercury News reported on September 8 that a plan to

send 1,000 evacuees to California had been put on

hold.76 The Red Cross, Catholic Charities, and the city

of San Francisco had spent days readying a shelter at

St. Mary’s Cathedral.77 On September 11 The Columbus

Dispatch reported a similar story; Columbus, Cleveland

and Cincinnati were set to take 1,000 evacuees on

September 8, but the in-bound fl ights were canceled

by FEMA.78 Evacuees were scheduled by FEMA to be

transported to Ohio. Fred Strathman, a spokesman for

the Ohio Emergency Management Agency, indicated to

the newspaper that the plan to send evacuees to Ohio was

delayed twice by FEMA and then apparently canceled.79

A spokesman for the Red Cross of Greater Columbus,

Lynn Cook said, “Are we a little tired of pumping things

up and taking them back down? Yeah.”80 Similarly, The

Courier-Journal of Louisville, Kentucky reported that on

September 13, FEMA suspended evacuation fl ights due to

the unwillingness of evacuees to relocate so far from the

Gulf coast.81 According to the newspaper, on September

5, federal offi cials told Louisville that 500 evacuees would

be arriving at any time.82 The Red Cross had worked to

prepare a shelter and had stockpiled food and clothing.83

All for nothing.

More than any other hurricane, Katrina has produced a

large volume of seemingly permanent evacuees. The Red

Cross is now fi nding that a large number of evacuees are

not going home.84

The Red Cross has not escaped substantial public criticism

The Red Cross has not escaped substantial criticism.85 The

most obvious casualty of this criticism came on December

13, when its president, Marsha Evans, announced her

resignation.86 According to press accounts, even Evans

acknowledged the organization’s response to Katrina and

Rita had been uneven, “eclips[ing] even our direst, worst-

case scenarios.”87

At a December 13 hearing conducted by the House

Committee on Ways and Means Oversight Subcommittee

to review the response by charities to Hurricane Katrina,

Louisiana Representative Jim McCrery was extremely

critical of the Red Cross:88

Hurricane Katrina, and the subsequent fl ooding

of New Orleans, displaced roughly one million

The Red Cross does not service these “shelters of last resort,” as it would put its volunteers in harm’s way.

350 A FAILURE OF INITIATIVE

people from their homes in Southeast Louisiana.

Tens of thousands of evacuees sought shelter in my

district. It was clear from the beginning that the Red

Cross simply did not have the sheltering capacity to

meet immediate needs. Small independent shelters

began popping up by the dozens across Northwest

Louisiana. At the peak, there were over forty shelters

in my district, while fewer than ten of those were

operated by the Red Cross. Red Cross had serious

trouble operating at least three of the larger shelters

in my district: Hirsch Coliseum in Shreveport,

LA, CenturyTel Center in Bossier City, LA, and

the Health and Physical Educational Building at

Northwestern State University in Natchitoches, LA.

Several days after Katrina’s landfall, the

American Red Cross asked a network of local

churches, led by the First Assembly of God, to take

over the Red Cross Shelter at Hirsch Coliseum in

Shreveport, LA. Steve Beyer, an Associate Pastor

with one of the churches, agreed to manage the

shelter until a replacement Red Cross manager

could be found. No one replaced him. Mr. Beyer

operated the Hirsch Coliseum shelter, where 6,200

people came through its doors, with only two Red

Cross volunteers for the fi rst two weeks. The Red

Cross asked church volunteers to wear Red Cross

shirts, I suppose to give the appearance that Red

Cross was operating the shelter.

The CenturyTel Center in Bossier City, LA,

opened as an independent shelter one week after

the storm in response to overwhelming need for

additional sheltering capacity. CenturyTel operated

on the backs of local government and community

organizations while it waited for certifi cation from

the American Red Cross. Even after the American

Red Cross moved in, local charities provided all of

the food for seven days until Red Cross could secure

food....

The American Red Cross shelter at Northwestern

State University was managed by the City of

Natchitoches and the Natchitoches Parish Sheriff’s

Department in conjunction with the University. Dr.

Bill Dickens, the shelter’s manager, had one Red

Cross volunteer to help service the 1,000 evacuees

housed each night at the site for the fi rst 10 days

following the storm. I should note that it took

seven days for this shelter to receive any of the

$60,000 in new bedding that was donated to the

local Red Cross chapter by General Motors. The

bedding sat unused in a Red Cross facility seventy

miles away in Shreveport, LA, despite the fact

that some evacuees in Natchitoches were sleeping

on the fl oor. The failure to get these resources

to the shelter in a timely fashion represents an

inexcusable breakdown in communication and

coordination within the Red Cross.

While the Red Cross could barely manage

its own network of shelters, the organization

offered little assistance to struggling independent

shelters. Dennis Butcher, the Offi ce of Emergency

Preparedness Director for Claiborne Parish, was

instructed by the Red Cross to fend for himself.

Mr. Butcher operated an independent shelter of

1,200 evacuees for over a month without any

assistance from the Red Cross. I wish Mr. Butcher’s

experience was unique, but the Red Cross also

refused requests for assistance from the Offi ce of

Emergency Preparedness Directors for Claiborne,

Sabine, Vernon and Webster Parishes. I also spoke

with OEP and other offi cials on the Mississippi

Gulf Coast who experienced similar treatment from

the Red Cross.89

But Katrina was bigger than the Red Cross

The response to Hurricane Katrina has been more

complex than any previous Red Cross-involved disaster.

The string of 2004 hurricanes in Florida was the previous

benchmark, when the Red Cross provided fi nancial

assistance to 73,000 families. During Katrina, the number

is up to 1.2 million families. In 2004 it provided 519,000

nights of shelter. During Katrina the fi gure currently

stands at 3.42 million. The 2004 hurricanes were attended

to by 35,000 volunteers; Katrina required 220,000

volunteers.90 The total estimated expenditures by the Red

Cross for Katrina-related aid is in excess of $2 billion.

Figure 5 compares Katrina and Rita to Hurricane

Season 2004.91

A FAILURE OF INITIATIVE 351

Figure 5:

Hurricane Season 2004 v. Katrina and Rita

RED CROSS

This $2 billion operation must be contrasted with

the Red Cross’ overall fi nancial model. According to its

2004 Annual Report, its operating revenues were just

over $3 billion.92 In 2004, its stated operating expenses

for domestic disaster services was $261 million. It is

unrealistic to expect any charitable relief organization to

instantaneously pivot in response to the might infl icted

by Katrina. As Katrina was too large for the emergency

management professionals in the state of Louisiana, the city

of New Orleans, and FEMA, it was as well for the Red Cross.

The Red Cross readily agrees it did not have a presence

everywhere throughout the affected region.93 The primary

mission of the Red Cross is to provide food, clothing, and

shelter to victims of disasters.94 Given its size, there are

misconceptions about its capabilities.95 The Red Cross

does not provide transportation, does not get involved

with search and rescue operations, does not participate

in evacuations, and does not provide medical care (other

than providing assistance with minor medical issues).96

In testimony before the House Committee on Ways

and Means Oversight Subcommittee, the Red Cross’

Becker said, “we fell short of being universally present

everywhere there was a need.”97 He continued, “Given

the number of people in need, our response was geared

toward places that we knew we could get to immediately

and places where we knew people were congregated. It

was our goal to reach the greatest number of people with

the most possible speed.”98

As a leading provider of food and shelter to those

affected by Katrina, the Red Cross is often asked why it

was not active within New Orleans, whether it be on the

ground, co-located with the search and rescue teams,

or in the shelters of last resort such as the Convention

Center and the Superdome. Becker addressed this in his

testimony:99

There were a number of questions regarding why

we did not re-enter the City of New Orleans.

The American Red Cross of Southeast Louisiana,

located in the City of New Orleans, heeded the

evacuation order called for by local authorities.

The chapter relocated to the town of Covington,

located on the north side of Lake Pontchartrain.

Our service delivery in New Orleans differed from

that provided to other affected areas in Alabama,

Louisiana, and Mississippi. Under the Louisiana

State Plan, if a Category 3 or higher storm is headed

for Louisiana, 23 parishes, including Orleans

Parish, are to begin an evacuation inland. The

inland parishes, in cooperation with state agencies

and the American Red Cross, are to shelter evacuees

from “Risk Area Parishes,” as there are no shelter

sites that meet hurricane safety criteria within

Orleans Parish. In fact, it has been the policy of

the Red Cross that there are no safe areas south of

the I-10/I-12 corridor for a large scale hurricane.

The Louisiana Plan, which makes no reference

to the Red Cross operating shelters within the

city, enumerates eight distinct shelter types, plus

what is described as the “Refuge of Last Resort.”

The Convention Center and the Superdome

served as refuges of last resort. Under state plans,

these facilities are to open when local authorities

terminate an evacuation due to unsafe driving

conditions. These facilities are not operated by the

Red Cross. In practice, after the threat has passed,

the Red Cross at times staffs shelters of last resort,

providing services to people. We do not establish

Category Hurricane Katrina and Season 2004 Rita

Shelter Nights 519,000 3.42 million

No. of Families 73,000 1.2 million Provided With Financial Support

Meals and Snacks Close to 16.5 million More than Provided 52.6 million

Total Spent $130 million $2 billion

The Red Cross does not provide transportation, does not get involved with search and rescue operations, does not participate in evacuations, and does not provide medical care (other than providing assistance with minor medical issues).

352 A FAILURE OF INITIATIVE

shelters in facilities that do not meet our criteria for

safety during landfall.

Consistent with State and local plans, and our

practice in previous disasters, we were asked by state

and federal offi cials not to enter New Orleans. While

we were in constant communication with local and

state authorities, it was not deemed safe for Red

Cross personnel to re-enter the city of New Orleans.

The Red Cross does not place our client evacuees,

staff, volunteers, or resources in harm’s way. It is our

practice to heed evacuation orders and assist those in

need of shelter outside of high-risk areas.

Additionally, it was the goal of local and state

offi cials to fully evacuate the city of New Orleans

after the storm passed. We were instructed by

authorities that, in addition to issues of safety,

if the Red Cross provided services to survivors

within New Orleans, it would discourage people

from heeding evacuation orders. At the direction

of public offi cials, we entered New Orleans in

a coordinated fashion to provide services at the

earliest possible time.

This was a diffi cult scenario for the Red Cross.

Eighty percent of our local Red Cross staff in the

Southeast Louisiana Chapter lost their homes to

Katrina, yet while they themselves were victims,

they desperately wanted to provide support to their

neighbors in need, and to this day they continue to

do so. We are still engaged in active operations in

the city.

Important assistance was provided by the Salvation Army, Catholic Charities, the United Way, and the National Voluntary Organizations Active in Disaster

As the only charitable organization with primary

responsibility under the NRP, the Red Cross received

a lot of Select Committee attention. Beyond the Red

Cross, however, there was a vast network of charities

that contributed meaningfully to the response efforts

in the Gulf coast area. The important contributions

of organizations such as the Salvation Army, Catholic

Charities USA, the United Way, and the National

Voluntary Organizations Active in Disaster (NVOAD)

merit attention.

Salvation Army

The Salvation Army has been at the site of most major

natural disasters in America for more than a century.100

It has developed areas of expertise in disaster response:

mass feeding to survivors and emergency responders

immediately after a disaster has occurred; sheltering those

affected while tending to their spiritual and emotional

needs; and then, the continuation of social service

assistance to ensure the survivors have the means to move

back into some semblance of the routine known before

the disaster struck.101

In responding to those affected by Hurricane Katrina,

the Salvation Army staged personnel and equipment in

the states adjacent to the primary strike zone. Major Todd

Hawks of the Salvation Army, summarized some of the

key contributions the Salvation Army made to immediate

response efforts:

■ Loaded meals on 72 mobile canteens, each capable of

providing 5,000 hot meals per day, and two 54-foot

mobile kitchens, each capable of providing 20,000 hot

meals per day. We intended to dispatch these mobile

feeding units into those geographic areas determined

by FEMA to be the hardest hit, and to dispatch

additional units as needed.

■ Mobilized 200 offi cers, employees, and volunteers to

man these mobile kitchens.

■ Prepared to dispatch portable shower units, trucks

transformed into 1-stop shops called comfort stations,

and emergency response command stations for offi cers

to direct the response efforts.102

F E

M A

A FAILURE OF INITIATIVE 353

In the immediate aftermath of Katrina, the Salvation

Army facilitated mass feeding, moving mobile feeding

units into New Orleans, Biloxi, Gulfport, Mobile and

numerous other affected communities within hours after

the storm had passed.103 In total the number of mobile

canteens deployed numbered 178 and the number of fi eld

kitchens reached 11.104 Since Katrina struck, the Salvation

Army has served more than 5 million hot meals and more

than 7 million sandwiches and snacks to survivors and

fi rst responders.105 Although not a primary activity for the

Salvation Army, at its highest point, it operated 225 shelters

for more than 31,000 people.106

Catholic Charities

Catholic Charities USA is the membership association

of one of the nation’s largest social service networks.

Catholic Charities agencies provide vital social services

to people in need, regardless of their religious, social, or

economic backgrounds.107 As of January 6, 2006, Catholic

Charities had allocated more than $56 million to over 60

local Catholic Charities and other Catholic organizations

responding to the needs of families affected by the Gulf

coast hurricanes.108 In total, Catholic Charities USA has

raised $137 million to assist the network’s largest disaster

response effort in its history.109 Dozens of Catholic

Charities agencies and Catholic organizations have each

received disaster relief grants from Catholic Charities

USA, ranging from $6,000 to $25 million.110 Across the

nation, more than 80 local Catholic Charities are working

to meet the needs of hurricane victims.111 Relief efforts

have included: providing victims with food, fi nancial aid,

clothing, shelter, gas and retail store cards, and household

goods; helping with medical and prescription needs;

offering clean up assistance; helping victims work with

FEMA and other groups; and providing crisis counseling,

case management, transportation, job placement, and

temporary and long-term housing.112

United Way

United Way of America is the national organization that

provides leadership to approximately 1,350 community-

based United Way organizations. Each is independent,

separately incorporated, and governed by local

volunteers.113 As of December 15, 2005, the United Way

of America has raised $45 million to support hurricane

response and recovery efforts.114 Through its Hurricane

Response and Recovery Fund, the United Way has focused

its efforts on restoring the abilities of social service

agencies in the Gulf coast region.115 Many human services

organizations in the Gulf coast states suffered tremendous

damage to their facilities, which severely limited their

ability to provide services to those in need.116 United Ways

throughout the affected areas have worked with partner

agencies to ensure services such as emergency assistance,

food, clothing, housing and transportation are available

to those in need.117

National Voluntary Organizations Active in Disaster (NVOAD)

NVOAD is a national charity umbrella organization

composed of approximately 40 charities that provide

services following disasters.118 As a designated support

agency under ESF #6, NVOAD is responsible for sharing

information with its member organizations regarding the

severity of the disaster, needs identifi ed, and actions taken

to address these needs.119 NVOAD coordinates planning

efforts by many voluntary organizations responding

to disaster.120 Member organizations provide a more

effective and effi cient service to the community in need by

agreeing to share information and combine resources.121

This cooperation has proven to be an effective way for a

multitude of organizations to work together in during an

emergency.122

During the immediate response to Katrina, NVOAD

organized daily conference calls with FEMA and other

federal government representatives and its member

F E

M A

354 A FAILURE OF INITIATIVE

organizations operating in the Gulf coast region.123

NVOAD also invited nonmember charitable organizations

that were providing relief to hurricane victims to

participate in these calls, which sometimes included

more than 40 organizations at once. During these calls,

both the federal government and charities were able to

provide information and answer questions about services

provided, needs identifi ed, and the organizations’ abilities

to meet these needs.124

Conclusion

Since August 29, charitable donations to Katrina relief

have exceeded $3 billion. Two-thirds of this amount has

been raised by the Red Cross. With its $2 billion relief

effort, the Red Cross has been able to fulfi ll many of its

obligations under the National Response Plan. Katrina,

however, overwhelmed the Red Cross. The Red Cross,

like FEMA, did not have a logistics capacity sophisticated

enough to fully support the massive number of Gulf

coast victims. Among other challenges, the Red Cross

was required to grapple with the sometimes disorganized

manner in which shelters were established. While it has a

well-defi ned role in operating shelters, many of the local

governments set up ad hoc shelters without notifying Red

Cross offi cials. In some cases, the Red Cross was denied

access to shelters. Despite falling short of being universally

present everywhere there was a need, the Red Cross and

numerous other charitable organizations performed

admirably and heroically in reaching the greatest number

of people with impressive speed. ■

F E

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A FAILURE OF INITIATIVE 355

1 Center on Philanthropy at Indiana University, Gulf Coast Hurricane Relief Donations, http://www.philanthropy.iupui.edu/Hurricane_Katrina. html (Jan. 9, 2006) [hereinafter Center on Philanthropy – Donations]; Spreadsheet, Center on Philanthropy, U.S. Organizations Providing Hurricane Relief Efforts (Jan. 9 2005) [hereinafter Center on Philanthropy – Spreadsheet].

2 Hearing to Review the Response by Charities to Hurricane Katrina Before Subcommittee on Oversight of the House Committee on Ways and Means, 109th Cong. (Dec. 13, 2005) (written statement of Cynthia M. Fagnoni, Managing Dir., Educ., Workforce and Income Sec., U.S. Gov. Accountability Offi ce) [hereinafter Dec. 13, 2005 Ways and Means Oversight Hearing (written statement of Cynthia Fagnoni)].

3 American Red Cross, Facts at a Glance, http://www.redcross.org/news/ds/hurricanes/2005/facts.html (Jan. 12, 2006) [hereinafter Jan. 12, 2006 Red Cross Facts at a Glance].

4 Center on Philanthropy – Donations; Center on Philanthropy – Spreadsheet. 5 Center on Philanthropy – Donations; Center on Philanthropy – Spreadsheet; Dec. 13, 2005 Ways and Means Oversight Hearing (written

statement of Cynthia Fagnoni); Press Release, Catholic Charities USA, Catholic Charities USA, 13 Other Major Nonprofi ts Reaffi rm Commitment to Human Needs Aspect of Gulf Coast Recovery, Jan. 6, 2005, http://www.catholiccharitiesusa.org/news/content_displays.cfm?fuseaction=display_do cument&id=743&location=3.

6 Press Release, United Way, United Way Receives $10 Million Grant From Lilly Endowment For Hurricane Recovery and Rebuilding, Nov. 3, 2005 at http://national.unitedway.org/fi les/pdf/press_releases/Lilly_Endowment_Grant_FINAL_Nov_2005.PDF [hereinafter Nov. 3, 2005 United Way Press Release].

7 Dec. 13, 2005 Ways and Means Oversight Hearing (written statement of Cynthia Fagnoni). 8 Id. 9 Jan. 12, 2006 Red Cross Facts at a Glance. 10 American Red Cross, Facts at a Glance, http://www.redcross.org/news/ds/hurricanes/2005/facts.html (Jan. 9, 2006) [hereinafter Jan. 9, 2006

Red Cross Facts at a Glance]. 11 The Southern Baptist Convention provides the manpower and the kitchens, and the Red Cross provides supplies and logistics. Gabrielle

DeFord and Maryann Sinkler, Southern Baptists Help Feed Millions After Katrina, Sept. 14, 2005, http:www.redcross.org. 12 Jan. 9, 2006 Red Cross Facts at a Glance. 13 Hearing to Review the Response by Charities to Hurricane Katrina Before Subcommittee on Oversight of the House Committee on Ways and Means,

109th Cong. (Dec. 13, 2005) (written statement of Joseph C. Becker, Senior Vice President Preparedness and Response, American Red Cross) [hereinafter Dec. 13, 2005 Ways and Means Oversight Hearing (statement of Joseph C. Becker)].

14 E-mail correspondence from Carol Hall, American Red Cross, to Kirstjen M. Nielsen, et al. (Aug. 27, 2005) (2:48 p.m.) [hereinafter Aug. 27, 2005 Hall E-mail].

15 A complete list of all pre-approved shelters for Louisiana, Mississippi and Alabama was supplied to the Select Comm. The establishment of shelters is carefully planned for and part of the chapter disaster planning regime. See ARC 4496, Standards for Hurricane Evacuation Shelter Selection (Jan. 2002); ARC Shelter Operations Management Toolkit (Sept. 2005); Complete Shelter Listings for Alabama, Mississippi, and Louisiana.

16 Aug. 27, 2005 Hall E-mail. 17 American Red Cross, Disaster Operations Summary Report (DOSR) #7 at 2 (Aug. 28, 2005). 18 American Red Cross, DOSR#7 at 3 (Aug. 28, 2005). 19 American Red Cross, DOSR#9 at 3 (Aug. 29, 2005). 20 Id. at 2. 21 Id. at 1. 22 Interview by Select Comm. Staff with Laura Howe and Skip Batchelor, American Red Cross, in Montgomery, AL (Oct. 11, 2005) [hereinafter

Oct. 11, 2005 Red Cross Interview]. 23 Id. 24 Id. 25 Id. 26 Id. 27 Id. 28 Id. 29 Id. 30 Id. 31 Id. 32 Id. 33 Id. 34 American Red Cross, DOSR#11 at 2 (Aug. 30, 2005). 35 Id. at 1. 36 American Red Cross, DOSR#20 at 3 (Sept. 4, 2005). 37 Oct. 11, 2005 Red Cross Interview; Interview by Select Comm. Staff with Joseph C. Becker, Sr. Vice Pres., Preparedness and Response, American

Red Cross, in Wash., DC (Oct. 14, 2005) [hereinafter Oct. 14, 2005 Red Cross Interview]. 38 Oct. 11, 2005 Red Cross Interview; Oct. 14, 2005 Red Cross Interview. 39 Oct. 14, 2005 Red Cross Interview. 40 Id. 41 Id. 42 Id. 43 Id. 44 Id.

356 A FAILURE OF INITIATIVE

45 Id. 46 Id. 47 Id. 48 Id. 49 American Red Cross, ESF #6 Master Log at 2 (Dec. 22, 2005). 50 Id. 51 Oct. 11, 2005 Red Cross Interview; Oct. 14, 2005 Red Cross Interview. 52 Oct. 14, 2005 Red Cross Interview. 53 Id. 54 Id. 55 Id. 56 Id. 57 The Select Comm. reviewed planning documentation from individual Red Cross chapters. Disaster Response Plans were submitted from

the following Red Cross chapters: Southeastern Louisiana (June 205), St. Bernard Parish Chapter (undated), Northwest Louisiana Chapter (June 2005), Northeast Louisiana Chapter (June 2005), Central Louisiana Chapter (Apr. 2002), South Central Mississippi Chapter (Sept. 2004), Mississippi Gulf Coast Chapter (Sept. 2005), Southeast Mississippi Chapter (Feb. 2003), and Alabama Gulf Coast Chapter (Jan. 1997). Statewide plans were received from the Red Cross in Alabama and Mississippi. The Red Cross is now organized into eight Service Areas, rather than by state. The state plans obtained by the Select Comm. from Alabama and Mississippi are now technically obsolete.

58 Oct. 14, 2005 Red Cross Interview. 59 Id. 60 Hearing on Hurricane Katrina: Preparedness and Response by the Department of Defense, the Coast Guard, and the National Guard of Louisiana,

Mississippi, and Alabama Before the Select Comm., 109th Cong. (Oct. 27, 2005) (written response to questions for the record of Maj. Gen. Harold A. Cross, the Adjutant General, State of Mississippi.); Mississippi National Guard, Hurricane Katrina Narrative, Daily Logs (Aug. 2005 – Nov. 2005).

61 Dec. 13, 2005 Ways and Means Oversight Hearing (written statement of Cynthia Fagnoni). 62 Martha T. Moore, Red Cross in Critics’ Cross Hairs, USA TODAY, Oct. 17, 2005 [hereinafter Oct. 17 Moore Article]. 63 Id. 64 Id. 65 Id. 66 Oct. 14, 2005 Red Cross Interview. 67 Id. 68 Oct. 14, 2005 Red Cross Interview; Dec. 13, 2005 Ways and Means Oversight Hearing (statement of Joseph C. Becker). 69 Ann Rodgers, Homeland Security Won’t Let Red Cross Deliver Food, PITTSBURGH POST-GAZETTE, Sept. 3, 2005; Dec. 13, 2005 Ways and Means

Oversight Hearing (Statement of Joseph C. Becker). 70 Oct. 11, 2005 Red Cross Interview; Oct. 14, 2005 Red Cross Interview. 71 Pre-approved Shelter Listings for Alabama, Mississippi, and Louisiana. 72 Hurricane Katrina Daily Shelter Populations, American Red Cross, Aug. 25, 2005 to Sept. 30, 2005. 73 Telephone Interview by Select Comm. Staff with Lori Polacheck, Senior Counsel, American Red Cross, Wash., DC (Jan. 23, 2005). 74 Oct. 14, 2005 Red Cross Interview. 75 Id. 76 Mary Anne Ostrom and Chuck Carroll, Feds Hold Off On Sending 1,000 Evacuees to California; Families Want to Remain Closer to Home, SAN

JOSE MERCURY NEWS, Sept. 8, 2005 [hereinafter Sept. 8, 2005 Ostrom Article]. 77 Sept. 8, 2005 Ostrom Article. 78 Robert Vitale, With Few Evacuees Interested, Flights to Ohio Canceled, THE COLUMBUS DISPATCH, Sept. 11, 2005 at A21 [Sept. 1, 2005 Vitale

Article]. 79 Sept. 1, 2005 Vitale Article. 80 Id. 81 Chris Kenning, Evacuee Airlift Not Coming To City, THE COURIER-JOURNAL (Louisville, KY), Sept. 14, 2005 at 1B [Sept. 14, 2005 Kenning

Article]. 82 Sept. 14, 2005 Kenning Article. 83 Id. 84 Oct. 11, 2005 Red Cross Interview; Oct. 14, 2005 Red Cross Interview. 85 See generally, Editorial, Red Cross Operations Due For A Tune-Up, MIAMI HERALD, Jan. 3, 2006 at A16; Jacqueline L. Salmon, Red Cross Bolstering

Minority Outreach; Recruitment a Priority After Storms Expose Sensitivity Gaps, THE WASH. POST, Dec. 5, 2005 at A1; Jacqueline L. Salmon and Elizabeth Williamson, Red Cross Borrowing Funds For Storm Aid – Loan of $340 Million Comes as Nonprofi t Draws New Scrutiny, THE WASH. POST, Oct. 28, 2005 at A1; Oct. 17 Moore Article; Josh Getlin et al., A Long Road To Recovery; Red Cross’ Huge Effort Not Without Critics; Defenders Say The Scope Of The Storms Pushed The Short-Term Aid Expert Out Of Its League, LA TIMES, Oct. 7, 2005, A1; Josh Getlin et al., Fundraising Phenom – Red Cross – Is Under Fire, LA TIMES, Oct. 6, 2005; Chad Terhune, Along Battered Gulf, Katrina Aid Stirs Unintended Rivalry, Salvation Army Wins Hearts, Red Cross Faces Critics; Two Different Missions, THE WALL STREET JOURNAL, Sept. 29, 2005 at A1; Associated Press, Despite Katrina Efforts, Red Cross Draws Criticism, USA TODAY, Sept. 28, 2005; Sean Gregory, Trying To Get It Right This Time, TIME, Sept. 26, 2005 at 24.

86 Press Release, American Red Cross, Marsha J. Evans Steps Down As American Red Cross President and CEO (Dec. 13, 2005). 87 David Cary, American Red Cross President Resigns, AP, Dec. 14, 2005. 88 Hearing to Review the Response by Charities to Hurricane Katrina Before Subcommittee on Oversight of the House Committee on Ways and Means, 109th

Cong. (Dec. 13, 2005) (statement of The Honorable Jim McCrery) [hereinafter Dec. 13, 2005 Ways and Means Oversight Hearing (statement of Rep. McCrery)].

A FAILURE OF INITIATIVE 357

89 Dec. 13, 2005 Ways and Means Oversight Hearing (statement of Rep. McCrery). 90 Oct. 14, 2005 Red Cross Interview; Facts at a Glance, American Red Cross website (Jan. 9, 2006), http://www.redcross.org/news/ds/

hurricanes/2005/facts.html. 91 Dec. 13, 2005 Ways and Means Oversight Hearing (statement of Joseph C. Becker). 92 American Red Cross, 2004 Annual Report at 8. For a third party view of the Red Cross’ fi nances, see Charity Navigator, http://www.

charitynavigator.org. 93 Dec. 13, 2005 Ways and Means Oversight Hearing (statement of Joseph C. Becker). 94 Oct. 14, 2005 Red Cross Interview. 95 Id. 96 Id. 97 Dec. 13, 2005 Ways and Means Oversight Hearing (statement of Joseph C. Becker). 98 Id. 99 Id. 100 Hearing to Review the Response by Charities to Hurricane Katrina Before Subcommittee on Oversight of the House Committee on Ways and Means,

109th Cong. (Dec. 13, 2005) (statement of Major Todd Hawks, Public Affairs Secretary and Associate National Community Relations and Development Secretary, Salvation Army of America) [hereinafter Dec. 13, 2005 Ways and Means Oversight Hearing (statement of Todd Hawks)].

101 Dec. 13, 2005 Ways and Means Oversight Hearing (statement of Todd Hawks). 102 Id. 103 Id. 104 Id. 105 Id. 106 Nov. 3., 2005 United Way Press Release. 107 Catholic Charities, About, http://www.catholiccharitiesusa.org/about/index.cfm?cfi d=6359238&cftoken=12248968. 108 Press Release, Catholic Charities USA, Catholic Charities USA, 13 Other Major Nonprofi ts Reaffi rm Commitment to Human Needs Aspect of Gulf

Coast Recovery (Jan. 6, 2005), http://www.catholiccharitiesusa.org/news/content_displays.cfm?fuseaction=display_document&id=743&location =3 [hereinafter Jan. 6, 2005 Catholic Charities Press Release].

109 Jan. 6, 2005 Catholic Charities Press Release. 110 Id. 111 Id. 112 Id. 113 Press Release, American Red Cross, Salvation Army, and United Way, American Red Cross, Salvation Army, and United Way ‘Put People First’ When

Addressing Needs Of Hurricane Katrina Victims – Three Organizations Prepare for Next Disaster (Sept. 23, 2005) [hereinafter Sept. 23, 2005 Joint Press Release].

114 Center on Philanthropy – Donations; Center on Philanthropy – Spreadsheet. 115 Nov. 3, 2005 United Way Press Release. 116 Id. 117 Id. 118 Members of NVOAD are: Adventist Community Services, America’s Second Harvest, American Baptist Men USA, American Disaster Reserve,

American Radio Relay League, Inc. (ARRL), American Red Cross, Ananda Marga Universal Relief Team (AMURT), Catholic Charities USA, Center for International Disaster Information (formerly Volunteers in Technical Assistance), Christian Disaster Response, Christian Reformed World Relief Committee (CRWRC), Church of the Brethren-Emergency Response, Church World Service, Convoy of Hope, Disaster Psychiatry Outreach, Episcopal Relief and Development, Friends Disaster Service, Inc., Humane Society of the United States International Aid, International Critical Incident Stress Foundation, International Relief Friendship Foundation (IRFF), Lutheran Disaster Response, Mennonite Disaster Service, Mercy Medical Airlift (Angel Flight), National Emergency Response Team, National Organization for Victim Assistance, Nazarene Disaster Response, Northwest Medical Teams International, Presbyterian Church (USA), REACT International, Inc., Society of St. Vincent de Paul, Southern Baptist Convention, The Points of Light Foundation, The Salvation Army, United Church of Christ-Wider Church Ministries, United Jewish Communities, United Methodist Committee on Relief, United Way of America, Volunteers of America, and World Vision. See NVOAD, Members, http://www.nvoad.org/membersdb.php?members=National.

119 Dec. 13, 2005 Ways and Means Oversight Hearing (written statement of Cynthia Fagnoni); NVOAD, About, http://www.nvoad.org/about.php [hereinafter Website Materials, About NVOAD].

120 Id. 121 Id. 122 Id. 123 Id. 124 Id.

358 A FAILURE OF INITIATIVE

“Order is indeed the dream of man, but chaos, which is only another word for dumb, blind, witless chance,

is still the law of nature.”

WALLACE STEGNER Crossing to Safety

“Nature, to be commanded, must be obeyed.”

FRANCIS BACON

A FAILURE OF INITIATIVE 359

CONCLUSION

The preparation for and response to Hurricane Katrina

should disturb all Americans. While the Select Committee

believes all people involved, at all levels of government,

were trying their best to save lives and ease suffering, their

best just wasn’t good enough.

In this report we have tried to tell the story of the

inadequate preparation and response. We cover a

lot of territory – from evacuations to medical care,

communications to contracting. We hope our fi ndings

will prompt the changes needed to make all levels of

government better prepared and better able to respond

the next time.

The resolution that created the Select Committee

charged us with compiling fi ndings, not recommendations.

But in reality that’s a distinction without a difference.

Moving from our fi ndings to legislative, organizational, and

policy changes need not be a long or diffi cult journey.

We are left scratching our heads at the range of

ineffi ciency and ineffectivness that characterized

government behavior right before and after this storm. But

passivity did the most damage. The failure of initiative cost

lives, prolonged suffering, and left all Americans justifi ably

concerned our government is no better prepared to protect

its people than it was before 9/11, even if we are.

How can we set up a system to protect against passivity?

Why do we repeatedly seem out of synch during disasters?

Why do we continually seem to be one disaster behind?

We have not found every fact nor contemplated all

successes and failures. What we have done over four

months is intensely focus on a three-week period,

uncovering a multitude of problems. We have learned

more than enough to instruct those who will now have to

craft and execute changes for the future.

We leave it to readers to determine whether we have

done a fair and thorough job, and whether we identifi ed

and supported fi ndings in a way that will foster change.

Some predicted we would place disproportionate blame

on one person or another, or that we would give some

others a pass. We hope it is clear we have done neither.

We have not sought to assign individual blame, though

it is clear in our report that some were not up to the

challenge that was Katrina. Rather, we have tried to tell the

story of government’s preparation for and response to a

massive storm, and identify lessons learned.

Our interaction with the White House illustrates this

point. Some insist the White House’s failure to provide,

for example, e-mails to and from the White House

Chief of Staff means we have insuffi cient information

to determine why government failed. That view exalts

political curiosity over the practical realities of a serious

investigation.

While our dealings with the White House proved

frustrating and diffi cult, we ended up with more than

enough information to determine what went wrong

there, to form a picture of a White House that, like many

entities, was overcome by the fog of war. There is a big

difference between having enough information to fi nd

institutional fault, which we do, and having information

to assign individual blame, which, in the case of the White

House, in large part we do not.

It’s the former that’s important if the goal is to

be better prepared the next time. This was not about

some individual’s failure of initiative. It was about

organizational and societal failures of initiative. There was

more than enough failure to go around:

■ Tardy and ineffective execution of the National

Response Plan.

■ An under-trained and under-staffed Federal Emergency

Management Agency.

■ A Catastrophic Incident Annex that was never invoked,

and doubt that it would have done the job anyway.

■ A perplexing inability to learn from Hurricane Pam and

other exercises.

■ Levees not built to withstand the most severe

hurricanes.

■ An incomplete evacuation that led to deaths and

tremendous suffering.

■ A complete breakdown in communications that

paralyzed command and control and made situational

awareness murky at best.

■ The failure of state and local offi cials to maintain law

and order.

■ Haphazard and incomplete emergency shelter and

housing plans.

■ An overwhelmed FEMA logistics and contracting

system that could not support the effective provision of

urgently needed supplies.

360 A FAILURE OF INITIATIVE

The Select Committee encountered shortcomings and

challenges even among those response elements that

went relatively well and saved many lives. The military

performed an invaluable role once forces were deployed,

but encountered coordination problems with FEMA,

the National Guard, and state offi cials. State-to-state

emergency aid compacts were critical in restoring law

and order and accelerating relief supplies, but too many

people remain unfamiliar with the process. Contributions

from charitable groups were enormously helpful, but they

too were overwhelmed by the size of the storm.

Many of our fi ndings are mixed in nature. Evacuations

of general populations, for example, went relatively

well in all three states. But declarations of mandatory

evacuations in metropolitan New Orleans came late or

not at all, and that, coupled with the decision to shelter

but not evacuate the remaining population prolonged

suffering. We saw heroic examples of medical care and

patient needs being met under dire circumstances. But too

often the deployment of medical personnel was reactive,

not proactive.

The Select Committee acknowledges it was often

torn between sympathy and incredulity, compassion

and criticism. On the one hand, we understood Katrina

was so big and so devastating that death and chaos were

inevitable. We understood that top federal, state, and local

offi cials overlooked some steps and some needs in the

hours and days after landfall because they were focused on

saving lives. But on the other hand, a dispassionate review

made it clear that even an extraordinary lack of situational

awareness could not excuse many of the shortcomings

and organizational inaction evident in the documents and

communications the Select Committee reviewed.

Leadership requires decisions to be made even when

based on fl awed and incomplete information. Too

often during the immediate response to Katrina, sparse

or confl icting information was used as an excuse for

inaction rather than an imperative to step in and fi ll

an obvious vacuum. Information passed through the

maze of departmental operations centers and ironically-

named “coordinating” committees, losing timeliness and

relevance as it was massaged and interpreted for internal

audiences.

As a result, leaders became detached from the changing

minute-to-minute realities of Katrina. Information

translated into pre-cast bureaucratic jargon put more

than geographic distance between Washington and the

Gulf coast. Summaries and situation reports describing

the gross totals of relief supplies directed to affected areas

did not say when or how or to whom those desperately

needed supplies would be delivered. And apparently no

one asked.

Communications aren’t a problem when you’re only

talking to yourself.

The Select Committee believes too many leaders

failed to lead. Top aides failed as well, primarily in mis-

prioritizing their bosses’ attention and action. Critical

time was wasted on issues of no importance to disaster

response, such as winning the blame game, waging a

public relations battle, or debating the advantages of

wardrobe choices.

We have spared our readers a rehashing of unfl attering

e-mails involving Michael Brown and Governor Blanco

and others, as they have been given more than enough

attention by the media. We will pause only briefl y here to

urge future responders to make people, not politics, their

priority.

We further urge public offi cials confronting the next

Katrina to remember disaster response must be based

on knowledge, not rumors. Government at all levels lost

credibility due to inaccurate or unsubstantiated public

statements made by offi cials regarding law and order,

levee breaches, and overall response efforts.

The media must share some of the blame here. The

Select Committee agrees the media can and should

help serve as the public’s “fi rst informer” after disasters.

In the 21st century, Americans depend on timely and

accurate reporting, especially during times of crisis. But

it’s clear accurate reporting was among Katrina’s many

victims. If anyone rioted, it was the media. Many stories

of rape, murder, and general lawlessness were at best

unsubstantiated, at worst simply false. And that’s too bad,

because this storm needed no exaggeration.

As discussed in our report, widely-distributed

uncorroborated rumors caused resources to be deployed,

and important time and energy wasted, chasing down the

imaginary. Already traumatized people in the Superdome

and elsewhere, listening to their transistor radios, were

further panicked.

“The sensational accounts delayed rescue and

evacuation efforts already hampered by poor planning

and a lack of coordination among local, state, and federal

A FAILURE OF INITIATIVE 361

agencies. People rushing to the Gulf coast to fl y rescue

helicopters or to distribute food, water and other aid

steeled themselves for battle. In communities near and far,

the seeds were planted that the victims of Katrina should

be kept away, or at least handled with extreme caution,”

the Washington Post reported on October 5.1

Lt. Gen. H Steven Blum told the Select Committee

on October 27, “We focused assets and resources based

on situational awareness provided to us by the media,

frankly. And the media failed in their responsibility to get

it right. …we sent forces and capabilities to places that

didn’t need to go there in numbers that were far in excess

of what was required, because they kept running the same

B roll over and over….and the impression to us that were

watching it was that the condition did not change. But the

conditions were continually changing.”2

E-mails obtained by the Select Committee reinforce the

conclusion that top military offi cials were relying on news

reports for information – information used to plan and

deploy resources.3

The Select Committee does not mean to suggest

the media is solely responsible for responders’

lack of situational awareness, or the destruction of

communications infrastructure that thrust television into

the role of fi rst informer for the military as well as the

general public. Nor is the media solely responsible for

reporting comments from sources they believed to be

credible – especially top offi cials.

The Select Committee does, however, believe such

circumstances make accurate reporting, especially in

the period immediately after the storm, all the more

important. Skepticism and fact-checking are easier when

the sea is calm, but more vital when it is not.

As with so many other failures related to Katrina,

what’s most vexing is that emergency managers should

have known such problems would arise among the chaos.

Dr. Kathleen Tierney, head of the University of Colorado-

Boulder Natural Hazards Center, told Select Committee

staff that misleading or completely false media reports

should have been among the most foreseeable elements

of Katrina. “It’s a well-documented element of disaster

response,” she said. “What you do has to be based on

knowledge, not rumor, and you’re going to be faced with a

lot of rumors.”4

Benigno Aguirre, sociology professor at the University

of Delaware Disaster Research Center, told the Philadelphia

Inquirer, “It’s discouraging for those who spend their lives

studying disaster behavior that journalists so often get it

wrong.”5

Former FEMA Director Michael Brown told the Select

Committee one of his biggest failures was failing to

properly utilize the media as fi rst informer.

“I failed initially to set up a series of regular briefi ngs

to the media about what FEMA was doing throughout the

Gulf coast region,” Brown said at the Select Committee’s

September 27 hearing. “Instead, I became tied to the news

shows, going on the news shows early in the morning

and late at night, and that was just a mistake. We should

have been feeding that information to the press…in the

manner and time that we wanted to, instead of letting the

press drive us.”6

Finally, a word about public communications. Both the

message and the messengers were ineffective before and

after Katrina. Messages to the public were uncoordinated

and often confusing, leaving important questions

unanswered. Federal, state, and local offi cials did not have

a unifi ed strategy for communicating with the public.

Risk communication is a well-researched fi eld of

study. There are accepted core principles for successfully

communicating risks to the public. Information about

threats should be consistent, accurate, clear, and provided

repeatedly through multiple methods. It should be

timely. It should be specifi c about the potential threat. It

needs to get to people regardless of their level of access to

information.

The Select Committee heard loud and clear from Gulf

coast residents that the dangers of the coming hurricane

could have been presented in a more effective manner,

an issue which also carried racial and socioeconomic

implications. If people don’t hear a message from

someone they trust, they will be skeptical.

Doreen Keeler, a New Orleans resident who evacuated

before Mayor Nagin called for a mandatory evacuation,

told the Select Committee local offi cials should have

called for mandatory evacuations earlier, noting how

diffi cult it was to convince the elderly residents of New

Orleans to leave.7 “If a mandatory evacuation would have

been called earlier,” she said, “it would have been easier to

move seniors out of the area and many lives would have

been saved. It took me almost 24 hours to get my in-laws

to leave. Others tell the same story. The severity of the

storm was not stressed by elected offi cials.”8

362 A FAILURE OF INITIATIVE

The relevant “elected offi cials,” we are sure, would

contest that. In fact they did, in testimony before the

Select Committee. But it’s the public perception of what

was stressed that’s important here. The failure of initiative

was also a failure of empathy, a myopia to the need to

reach more people on their own terms.

Four and half years after 9/11, Americans deserve more

than the state of nature after disaster strikes. With this

report we have tried to identify where and why chaos

ensued, so that even a storm the size of Katrina can be met

with more order, more urgency, more coordination, and

more initiative. ■

1 Robert E. Pierre and Ann Gerhart, News of Pandemonium May Have Slowed Aid, WASHINGTON POST, Oct. 5, 2005 at A8. 2 Hearing on Hurricane Katrina: Preparedness And Response By The Department Of Defense, The Coast Guard, And The National Guard Of Louisiana,

Mississippi And Alabama Before the Select Comm., 109th Congress (Oct. 27, 2005), (statement of Lt. Gen. H Steven Blum, Chief, Nat’l Guard Bureau).

3 See e.g., E-mail correspondence from 1A JOC Watch Battle Captain to Lt. General Russel Honoré (Aug. 29, 2005). 4 Interview by Select Comm. Staff with Kathleen J. Tierney, Director, Natural Hazards Research and Applications Information Center, Institute of

Behavioral Science, U. of Colorado at Boulder (Oct. 6, 2005). 5 Beth Gillin, Katrina Spawned rumors; media ran with them, THE PHILADELPHIA INQUIRER, Sept. 28, 2005 at A2. 6 Hearing On Hurricane Katrina: The Role Of The Federal Emergency Management Agency Before the Select Comm., 109th Congress (Sept. 27, 2005),

(statement of Michael D. Brown, former Undersecretary of Emergency Preparedness and Response, DHS). 7 Hearing on Hurricane Katrina: Voices from Inside the Storm Before Select Comm., 109th Congress, (Dec. 6, 2005) (written statement of Doreen

Keeler Tomlinson, resident of New Orleans, LA). 8 Id.

A FAILURE OF INITIATIVE 363

APPENDICES

364 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 365

AAMC Association of American Medical Colleges

AAMS Association of Air Medical Services

ACI Advanced Contracting Initiative

ADAMS Atlas and Database of Air Medical Services

ADHS Alabama Department of Health Services

AEMA Alabama Emergency Management Agency

AEOC Alabama Emergency Operations Center

AEW Airborne Early Warning

AFB Air Force Base

AGR Active Guard and Reserve

AMA American Medical Association

AMR American Medical Response

ANG Alabama National Guard

APCO Association of Public-Safety Communications Offi cials

ARC American Red Cross

ARES Amateur Radio Emergency Services

ARF Action Request Form

ARNG Arkansas National Guard

ARW Air Refueling Wing

ASAC Assistant Special Agent-in-Charge

ASCE American Society of Civil Engineers

ASDHD Assistant Secretary of Defense for Homeland Defense

ASH Assistant Secretary for Health

ASPHEP Assistant Secretary for Public Health Emergency Preparedness (HHS)

ATCS Air Traffi c Control Squadron

AVCRAD Aviation Classifi cation and Repair Depot

ATF Bureau of Alcohol, Tobacco, Firearms and Explosives (DOJ)

BAH Board of Animal Health

BOP Bureau of Prisons

BORSTAR Border Patrol Search Trauma and Rescue

BORTAC Border Patrol’s Tactical Unit

BRAC Base Realignment and Closure

BTS Border and Transportation Security (DHS)

CAS Client Assistance System

CBC Construction Battalion Command

CBCS Combat Communications Squadron

CBMU Construction Battalion Maintenance Unit

CBP United States Customs and Border Protection (DHS)

CBRNE Chemical, Biological, Radiological, Nuclear, and High Yield Explosives

CCP Citizen Corps Programs

CCRF Commissioned Corps Readiness Force

GLOSSARY OF ACRONYMS AND ABBREVIATIONS

APPENDIX 1

366 A FAILURE OF INITIATIVE

CDC Centers for Disease Control and Prevention (HHS)

CDT Central Daylight Time

CEM Comprehensive Emergency Management

CEMP Comprehensive Emergency Management Plan

CERT Community Emergency Response Teams

CEO Chief Executive Offi cer

CG Coast Guard

CIM Clinical Information Management

CIMG Crisis Incident Management Group

CIMRT Critical Incident Management Response Team

CIMST Critical Incident Management Support Team

CIP Critical Infrastructure Protection

CIRG Critical Incident Response Group

CIS COPS in Schools

CJIS Criminal Justice Information Services Division

CNU Crisis Negotiation Unit

CO Contracting Offi cer

COG Continuity of Government

CONOP Concept of Operations

COOP Continuity of Operations

COLTS Cells on Light Trucks

COPS Community Oriented Policing Services

COW Cells on Wheels

CP Command Post

CPO Chief Procurement Offi cer

CRAF Civil Reserve Air Fleet

CRS Congressional Research Service

CST Civil Support Team

CS Civil Support

CSEPP Chemical Stockpile Emergency Preparedness Plan

DCAA Defense Contract Audit Agency

DCO Defense Coordinating Offi cer

DEA Drug Enforcement Administration

DHH Department of Health and Hospitals

DHS United States Department of Homeland Security

DMAT Disaster Medical Assistance Team

DMH Department of Mental Health

DMORT Disaster Mortuary Operational Response Team

DOC United States Department of Commerce

DOD United States Department of Defense

DOE United States Department of Energy

DOJ United States Department of Justice

DOSR Daily Operations Summary Reports

DOT United States Department of Transportation

DPS Department of Public Safety

DRF Disaster Relief Fund

A FAILURE OF INITIATIVE 367

DRS Department of Rehabilitation Services-Vocational Rehabilitation

DTAC Disaster Technical Assistance Center

DUSM Deputy United States Marshall

DVD Digital Versatile Disc

DWI Disaster Welfare Information

ECRV Emergency Communications Response Vehicles

EEO Explosive Enforcement Offi cers

EHO Environmental Health Offi cer

ELT Evacuation Liaison Team

EMA Emergency Management Agency

EMAC Emergency Management Assistance Compact

EMEDS Expeditionary Medical Support System

EMPG Emergency Management Performance Grant

EMWG Emergency Management Working Group

EMS Emergency Medical Services

EMT Emergency Medical Technician

EO Executive Order

EOC Emergency Operations Center

EOP Emergency Operations Plan

Executive Offi ce of the President

EPA United States Environmental Protection Agency

EPR Emergency Preparedness and Response

ERRS Emergency and Rapid Response Services

ERT Emergency Response Team

ERT-A Emergency Response Team Advance Element

ERT-N National Emergency Response Team

ERV Emergency Response Vehicles

ESAR-VHP Emergency System for Advance Registration of Volunteer Health Professionals

ESF Emergency Support Function

ESF-1 Emergency Support Function #1 – Transportation Annex

ESF-2 Emergency Support Function #2 – Communications Annex

ESF-3 Emergency Support Function #3 - Public Works and Engineering Annex

ESF-4 Emergency Support Function #4 - Firefi ghting Annex

ESF-5 Emergency Support Function #5 - Emergency Management Annex

ESF-6 Emergency Support Function #6 - Mass Care, Housing, and Human Services Annex

ESF-7 Emergency Support Function #7 - Resource Support Annex

ESF-8 Emergency Support Function #8 - Public Health and Medical Services Annex

ESF-9 Emergency Support Function #9 - Urban Search and Rescue Annex

ESF-10 Emergency Support Function #10 - Oil and Hazardous Materials Response Annex

ESF-11 Emergency Support Function #11- Agriculture and Natural Resources Annex

ESF-12 Emergency Support Function #12 - Energy Annex

ESF-13 Emergency Support Function #13 - Public Safety and Security Annex

ESF-14 Emergency Support Function #14 - Long-Term Community Recovery and Mitigation Annex

ESF-15 Emergency Support Function #15 - External Affairs Annex

FAA Federal Aviation Administration

FAMS Federal Air Marshal Service

368 A FAILURE OF INITIATIVE

FAR Federal Acquisition Regulation

FBI Federal Bureau of Investigation

FCI Federal Correctional Institution

FCC Federal Correction Complex

Federal Communications Commission

Federal Coordination Center

FCO Federal Coordinating Offi cer

FDA United States Food and Drug Administration (HHS)

FDOCC Forward Deployed Operations Command Center

FEMA Federal Emergency Management Agency (DHS)

FEOC Federal Emergency Operation Center

FEL Federal Explosive License

FFL Federal Firearms License

FHWA Federal Highway Administration (DOT)

FIRE Assistance to Firefi ghters Program

FMA Flood Mitigation Assistance

FMCS Federal Medical Contingency Stations

FMS Facilities Management Services

Federal Medical Shelter

FORSCOM United States Forces Command

FRP Federal Response Plan

FPS Federal Protective Services

FSS Federal Supply Service

FTE Full-time Employees

GAO United States Government Accountability Offi ce

GETS Government Emergency Telecommunications Service

GIS Geographic Information System

GSA United States General Services Administration

HAZMAT Hazardous Material

HCS Health Care System

HD Homeland Defense

HEAR Hospitals Emergency Alert Radio

HF High Frequency

HHS United States Department of Health and Human Services

HIPAA Health Insurance Portability and Accountability Act of 1996

HLT Hurricane Liaison Team

HMGP Hazard Mitigation Grant Program

HQ Headquarter

HRT Hostage Rescue Team

Health Response Team

HSA Homeland Security Act of 2002

Alabama Homeland Security Act of 2003

HSC Homeland Security Council

HSEEP Homeland Security Exercise and Evaluation Program

HSGAC Senate Homeland Security and Governmental Affairs Committee

HSOC Homeland Security Operations Center

A FAILURE OF INITIATIVE 369

HSOP Homeland Security Overtime Program

HSPD Homeland Security Presidential Directive

HUD United States Department of Housing and Urban Development

IAFIS Integrated Automated Fingerprint Identifi cation System

IAEM International Association of Emergency Managers

IA TAC Individual Assistance Technical Assistance Contracts

ICE United States Immigration and Customs Enforcement (DHS)

ICS Incident Command System

ICU Intensive Care Unit

iDEN Integrated Digital Enhanced Network

IEM Innovative Emergency Management, Inc.

IHP Individuals and Households Program

IIMG Interagency Incident Management Group

I/O Interoperability

IMT Incident Management Team

IPET Interagency Performance Evacuation Team

INS Incident of National Signifi cance

IRS Internal Revenue Service

ISO Information Security Offi cer

IT Information Technology

JAG Judge Advocate General

JCAHO Joint Commission on Accreditation of Healthcare Organizations

JDOMS Joint Director of Military Support

JFCOM Joint Forces Command

JFO Joint Field Offi ce

JIC Joint Information Center

JIOC Joint Information Operations Center

JOC Joint Operations Center

JTF Joint Task Force

JPATS Justice Prisoner and Alien Transportation System

KDHAP Katrina Disaster Housing Assistance Program

LANG Louisiana National Guard

LDPSC Louisiana Department of Public Safety and Corrections

LE Law Enforcement

LECC Law Enforcement Coordination Center

LES Law Enforcement Services

LETPP Law Enforcement Terrorism Prevention Program

LFA Lead Federal Agency

LHA Louisiana Hospital Association

LIHEAP Low-Income Home Energy Assistance Program

LIMS Logistics Information Management System

LNHA Louisiana Nursing Home Association

LNO Liaison Offi ce

LO Liaison Offi cers

LOHSEP Louisiana Offi ce of Homeland Security and Emergency Preparedness

LRC Logistics Readiness Center

370 A FAILURE OF INITIATIVE

LSP Louisiana State Police

LSU Louisiana State University

LSUHSC Louisiana State University Health Sciences Center

LTG Lieutenant General

MA Mission Assignment

MARS Military Affi liate Radio Service

MASH Mobile Army Surgical Hospital

MBP Mississippi Board of Pharmacy

MCI Mass Casualty Incident

MCLNO Medical Center of Louisiana at New Orleans

MCT Mission Critical Team

MDAC Mississippi Department of Agriculture and Commerce

MDEQ Mississippi Department of Environmental Quality

MDT Maintenance Down Time

MEF Marine Expeditionary Force

MEMA Mississippi Emergency Management Agency

MEOP Mississippi Emergency Operations Plan

MERS Mobile Emergency Response Support

MERV Major Emergency Response Vehicle

MET Mobile Enforcement Team

MG Major General

MHz Megahertz

MMD Mississippi Military Department

MMRS Metropolitan Medical Response System

MMWR Morbidity and Mortality Weekly Report

MOU Memorandum of Understanding

MP Military Police

MRC Medical Reserve Corps

MRE Meals Ready to Eat

MR-GO Mississippi River-Gulf Outlet Canal

MSCA Military Support to Civil Authorities

MSDH Mississippi State Department of Health

MSNG Mississippi National Guard

MST Management Support Team

MSY Louis Armstrong New Orleans International Airport

MTSA Maritime Transportation Security Act

MVMA Mississippi Veterinary Medical Association

NAS Naval Air Station

NASA National Aeronautics and Space Administration

NBC Nuclear, Biological and Chemical

NCC National Coordinating Committee

National Coordinating Center for Communications

NCG National Coordination Group

NCH Natural and Cultural Resources and Historic Properties

NCPA National Community Pharmacists Association

NCS National Communications System

A FAILURE OF INITIATIVE 371

NCT National Coordinating Team

NDMS National Disaster Medical System

NEMA National Emergency Management Association

NEMIS National Emergency Management Information System

NENA National Emergency Number Association

NERPP National Emergency and Regional Response Plan

NG National Guard

NGB National Guard Bureau

NGBJOC Joint Operations Center at National Guard Bureau

NGO Non-Governmental Organizations

NHS National Hurricane Service

NIH National Institutes of Health (HHS)

NIMS National Incident Management System

NIOSH National Institute for Occupational Safety Health

NIRT Nuclear Incident Response Team

NOAA National Oceanic and Atmospheric Administration (DOC)

NOMIC New Orleans Maritime Interoperable Committee

NOOEP New Orleans Offi ce of Emergency Preparedness

NOPD New Orleans Police Department

NORAD North American Air Defense Command

NORTHCOM United States Northern Command

NRCC National Response Coordination Center

NRP National Response Plan

NRP-CIA National Response Plan - Catastrophic Incident Annex

NRP-CIS National Response Plan - Catastrophic Incident Supplement

NRT National Response Team

NSF National Science Foundation

NSSE National Special Security Event

NVOAD National Voluntary Organizations Involved in Disaster

NWS National Weather Service

OBP Offi ce of Border Patrol

ODP Offi ce of Domestic Preparedness

OEP Offi ce of Emergency Preparedness

OFO Offi ce of Field Operations

OFRD Offi ce of Force Readiness and Deployment

OIG Offi ce of Inspector General

OIO Offi ce of International Operations

OMB Offi ce of Management and Budget

OMT Operational Management Teams

OPM Offi ce of Personnel Management

OPLAN MSSTAD Mississippi National Guard Operations Plan

OSD Operations Support Division

Offi ce of the Secretary of Defense

OSG Offi ce of the Surgeon General

OSHA Occupational Safety and Health Administration

OTD Operational Technology Division

372 A FAILURE OF INITIATIVE

OTU Operational Training Unit

OVP Offi ce of the Vice President

PACOM United States Pacifi c Command

PDM Pre-Disaster Mitigation

PSAP Public Safety Answering Point

PFO Principal Federal Offi cial

PHS United States Public Health Service

PMU Portable Morgue Units

POC Point of Contact

POD Plans of the Day

PPR Prevention, Preparedness, and Response

PSAP Public Safety Answering Points

RCPI Regional Community Policing Institute

RCT Regional Coordinating Team

RDD Reportable Disease Database

RED HORSE Rapid Engineer Deployable Operational Repair Squadron Engineer

RETCO Regional Emergency Transportation Coordinator

RFA Request for Assistance

RFP Request for Proposal

RRCC Regional Response Coordination Center

RTA Regional Transit Authority

SAC Special Agent-in-Charge

SAMHSA Substance Abuse and Mental Health Services Administration

SAR Search and Rescue

SATERN Salvation Army Amateur Radio Communications System

SBA United States Small Business Administration

SCO State Coordinating Offi cer

SCHIP State Children’s Health Insurance Program

SEOC State Emergency Operations Center

SERT State Emergency Response Team

Secretary’s Emergency Response Team (HHS)

SFLEO Senior Federal Law Enforcement Offi cers

SHARES Shared Resources High Frequency Radio Program

SHSGP State Homeland Security Grant Program

SLGCP State and Local Government Coordination and Preparedness

SLOSH Sea, Lakes and Overland Surges from Hurricanes

SMAC Statewide Mutual Aid Compact

SMS Short Message Service

SNS Strategic National Stockpile

SOG Special Operations Group

SOP Standard Operating Procedure

SOU SWAT (Special Weapons and Tactics) Operations Unit

Statement of Understanding

SPEARR Small Portable Expeditionary Aerospace Rapid Response

SRT Special Response Team

SSA Social Security Administration

A FAILURE OF INITIATIVE 373

SSHP Service Supplemental Hurricane Plan

SHSS State Homeland Security Strategy

SWAT Special Weapons and Tactics

TAG The Adjutant General

TANF Temporary Assistance to Needy Families

TARU Technical Advisory Response Unit

TDD Training and Development Division

TDY Temporary Duty

TERT Telecommunications Emergency Response Taskforce

TMICC Transportable Multi-mission Communications Center

TOC Tactical Operations Center

TOPOFF Top Offi cials

TRANSCOM United States Transportation Command

TSA Transportation Security Administration

TSP Telecommunications Service Priority

TVA Tennessee Valley Authority

UASI Urban Areas Security Initiative

UHF Ultra High Frequency

UHP Universal Hiring Program

UHS Universal Health Services, Inc.

UMC University of Mississippi Medical Center

USACE United States Army Corps of Engineers

USAID United States Agency for International Development

USAR United States Army Reserve

USCG United States Coast Guard

USDA United States Department of Agriculture

USMS United States Marshals Service

USNS United States Navy Ship

USP United States Penitentiary

USPS United States Postal Service

USS United States Ship

VA United States Department of Veterans Affairs

VAMC Department of Veterans Affairs Medical Center

VFC Vaccines for Children

VHF Very High Frequency

VISN 16 Veterans Integrated Service Network 16

VISTA Veterans Integrated Service Technical Architecture System

VOIP Voice Over Internet Protocol

VOAD Voluntary Organizations Active in Disaster

VTC Video Teleconference

VTS Vessel Traffi c System

WCP Working Capital Fund

WH White House

WMD Weapons of Mass Destruction

WPD Witness Security and Prisoner Operations Division

374 A FAILURE OF INITIATIVE

APPENDIX 2

A FAILURE OF INITIATIVE 375

376 A FAILURE OF INITIATIVE

Facts Reported to White House Homeland Security Council Staff Received WHK Bates No. Begin

Red Cross notifi es K. Nielsen at WH it expects Katrina to be a major hurricane. 8/27; 1:08 p.m. 5169 Red Cross stands ready to brief WH as requested.

HSOC reports: New Orleans evacuation ordered. Superdome to open, Nagin to commandeer any 8/28; 11:56 a.m. 12931 property or vehicle necessary to provide shelter or transport.

DHS infrastructure advisory sent to HSC. Advises likely fl ooding from Lake Pontchartrain due to surges 8/28; 11:59 a.m. 5217 from Cat 5 hurricane. If levee is breached, it is predicted to take 3 to 6 months to dewater New Orleans.

DHS forwards to WH diagrams of NO levee system. 8/28; 12:14 p.m. 12922

DHS Advisory re transportation. Buses not in use should be moved to high ground. Surge is predicted 8/28; 12:32 p.m. 5222 to exceed 20 feet. Levees to be breeched.

WH receives overview re capabilities of National Guard units from LA, AL, MS and FL. 8/28; 1:07 p.m. 9678

DHS forwards NO evacuation plan. 8/28; 5:00 p.m. 12934

HSOC reports: Katrina now Cat 5. Landfall expected at 8:00 a.m. 8/29. Coastal fl ooding as high as 28’. 8/28; 6:26 p.m. 5958

DHS sends WH comprehensive report [41 pages] on potential infrastructure impacts of a Cat 5 8/29; 1:47 a.m. 12072 hurricane on the Gulf coast. Damage estimates predicted as high as $10 billion.

HSOC reports: Katrina weakens to Cat 4. Coastal storm surge fl ooding of 18-22’ above normal tide 8/29; 6:10 a.m. 6509 levels, locally as high as 28 feet. Some levees in New Orleans could be overtopped.

DOD briefs WH re capabilities of DOD Civil Support. 8/29; 6:52 a.m. 9953

K. Nielsen advises federal agencies WH HSC will be available twenty-four hours a day through the 8/29; 10:58 a.m. 15770 duration of Hurricane Katrina. Bethany Nichols and Dan Kaniewski are identifi ed as additional WH staff monitoring Katrina.

DHS Watch Desk E-mails WH in re report from Maj Gen Landreneau. Extensive fl ooding along 8/29; 11:32 a.m. 14825 St. Claude and Claiborne avenues. Leak has developed in the Superdome. Five fl oors of windows at Charity Hospital have blown out and the fi rst fl oor of the hospital is fl ooded. The 911 Centers in St. Bernard and Orleans parishes have been shut down.

HSOC reports: Some LA Parishes have 8 to 10 feet of water. No levee failures reported. Approximately 8/29; 2:20 p.m. 16118 15,000 evacuees in Superdome. It is estimated 300,000 LA residents will be without power. Unspecifi ed numbers of LA and MS residents are stranded and awaiting evacuation in fl ooded areas.

HSOC reports: Preliminary reports indicate the levees have not been breached. Assessment still 8/29; 6:13 p.m. 6472 pending. Army Corps estimates if NO experiences extensive fl ooding it could take months to dewater the city. Such fl ooding will preclude damage assessments and restoration.

APPENDIX 3

SUMMARY OF WHITE HOUSE DOCUMENT REVIEW

These are examples of documents received by the White House (WH) Homeland Security Council (HSC) staff between

August 27 and September 3. The items logged do not refl ect the entire information fl ow to the White House, or all

documents provided to the Select Committee. Rather, they are meant to illustrate the type and range of information

known to the White House suggesting Katrina and the subsequent fl ooding of New Orleans (NO) was not a standard

emergency event. Yet the enormity of Katrina seemed not to have been fully understood by the White House until at least

Tuesday, August 30.

A FAILURE OF INITIATIVE 377

Facts Reported to White House Homeland Security Council Staff Received WHK Bates No. Begin

HSOC reports: Marty Bahamonde reports the following after a helicopter over fl ight: Access to the 8/30; 12:02 a.m. 7158 city is impeded due to fl ooding to the north and east. I-10 Twin Span bridges to the east of Slidell are compromised in both directions. Portions of this bridge are buckled, askew and in some cases gone. No ability to enter NO from the east. West I-10 and I-610 junction connecting Jefferson and Orleans Parish is under water. Entrance from the north is not possible because roads are under water. Quarter mile breach in the levee near the 17th St. Canal about 200 yards from Lake Pontchartrain allowing free water to fl ow into the city. Levee in Meterie is in tact. Only one of the main pumps is reported to be operable but its longevity is doubtful. Flooding is greatest in the north and east in New Orleans. Homes are completely underwater. Hundreds of people were observed on roofs and balconies. A few bodies were seen fl oating in the water.

LA reports: No power; 911 system out; roof damage to Superdome; entire city fl ooded. 8/30; 6:00 a.m. 4057 St. Bernard & 9th Ward levee breached.

HSOC reports: Levee breach, 17th St. at Canal Blvd – exceeds 100 meters in length. Much of 8/30; 6:33 a.m. 11281 downtown and east NO is underwater, the depth of which is unknown. Flooding to a depth of 8-10 feet in Meterie and 6 feet in 9th Ward.

DHS Watch Offi cer E-mails WH and others that a 200 foot levee breach is being assessed. 8/30; 8:13 a.m. 6324

FEMA chart listing all task and ESF assignments. 8/30; 9:24 a.m. 6345

DHS Watch Offi cer E-mails WH with maps identifying locations of breached levees, highlighting two areas of concern, the levee at Tennessee St. and the levee at 17th St. 8/30; 10:23 a.m. 13330

K. Nielsen at WH e-mails Red Cross and acknowledges several federal partners have expressed a 8/30; 11:18 a.m. 16135 lack of situational awareness and are having problems getting logistics issues resolved.

FEMA requests evacuation of 15-25K from Superdome. 8/30; 11:50 a.m. 12712

DHS Watch Offi cers advises WH – Martial Law reportedly declared in Jefferson and Orleans Parishes. 8/30; 11:51 a.m. 6325 National Guard to assume responsibility.

DHS Watch Offi cers advises WH of distinction between the term “Martial Law” and “Law Enforcement 8/30; 2:08 p.m. 14853 Emergency” and further advises the latter term should be used.

HSOC reports: Army Corps reports 300 foot levee breach 100 meters south of Hammond St. bridge; 8/30; 2:19 p.m. 4088 Water from Lake Pontchartrain is pouring into NO through this breach; additional multiple levee breaches in NO to include Tennessee St. breach.

HSOC reports: Spot Report detailing levee breaches (maps included) south of Hammond St. bridge 8/30; 3:07 p.m. 6850 and near Tennessee St. bridge.

New Orleans: No power in NO, no 911, entire city fl ooded except French Quarter and Business district; 8/30; 4:00 p.m. 4092 Superdome has roof damage; the following levee breaches are reported: St. Bernard & 9th, Haynes Blvd Pump Station, and 17th St. Canal. Jefferson Parish: People searching for food; gas and chemical leaks; toxic, deep fl ood waters.

378 A FAILURE OF INITIATIVE

Facts Reported to White House Homeland Security Council Staff Received WHK Bates No. Begin

HSOC reports: Army Corps indicates 300 foot breach approximately 100 meters south of Hammond 8/30; 7:26 p.m. 6545 Street Bridge. Three hundred feet of the east fl ood wall is missing and water from Lake Pontchartrain is pouring into NO. Vehicles cannot access this breach location. The plan is for helicopters to dump sand into the breach site. Additional levee breaches in NO exist, including Tennessee Street.

Memo from Sec. Chertoff distributed to Cabinet announcing Michael Brown as PFO. 8/30; 9:00 p.m. 6695

HSOC reports: Superdome needs to be evacuated; population is 12-15,000 people. 8/31; 2:00 a.m. 13833

HSOC reports: Waters continue to rise due to the breach of the 17th St. levee. 300 foot breach at present. Expectations are, without fi xing the breach, fl ooding will not stop until it reaches lake level. 8/31; 5:47 a.m. 12484

FEMA reports: Total cumulative shelter population is 54,378. 8/31; 7:21 a.m. 12503

DHS Watch Desk advise re a recent report from Bob Patrick, FTA’s NO Administrator: 8/31; 11:09 a.m. 14858 200 to 250 Regional Transportation District employees were stranded at their Canal St. facility due to fl ooding. All were self evacuated via air mattresses whereby they were able to paddle to shallow water. From there they waded in shallow water to the Convention Center. Bob Patrick estimates the entire city of NO will be fl ooded by day’s end.

HSOC reports: Rising water at Superdome is threatening to fl ood the generator which will cause 8/31; 12:54 p.m. 7080 power failure. The State of LA has requested assistance in evacuating Superdome.

HSOC reports: Astrodome site recommended as alternative shelter location for Superdome evacuees. 8/31; 6:25 p.m. 4177

HSOC reports: Signifi cant fl ooding continues throughout NO. 8/31; 6:31 p.m. 7388 17th St. levee breach in NO is ongoing and is currently two feet above fl ood stage. Southern region of MS is devastated and is currently out of fuel and water. Both Harrison and Hancock Counties experienced total destruction. 23,000 from the Superdome are being evacuated. 350,000 homes are estimated to have taken severe damage. Housing needs are estimated at 500,000 to 1 million. Widespread damage to utility systems and environmental impact will likely prevent habitation of the area for six month to one year. Pictures are included at bates nos. WHK7404 and 7405.

HSOC reports: 11 hospitals in varying stages of damage. Most have no power. 9/1; 12:15 a.m. 7584

Commodity Status – listing locations and commodity supplies. 9/1; 1:00 a.m. 6692

HSOC reports: NOPD has suspended search and rescue efforts and are focusing on securing the city 9/1; 5:50 a.m. 6756 from lawlessness. Pipeline from Plaquemines Parish is leaking an estimated 240 barrels of oil a day. A fatality collection site is being established in Baton Rouge. Levee breaches have not been repaired or blocked. Army Corps projects it could take months to dewater NO once the fl ooding ceases.

Aerial maps of fl ooded areas distributed by HSOC. 9/1; 5:52 a.m. 6775

K. Nielsen seeks update from DHS HSOC on news story re National Guardsman shot at the Superdome. 9/1; 10:06 a.m. 15834

FEMA chart listing all task and ESF assignments. 9/1; 11:05 a.m. 6580

K. Nielsen complains information arriving at WH HSC is stale, i.e., already updated by HSOC. 9/1; 11:24 a.m. 14760

K. Nielsen at WH requests DHS Watch Desk to follow up with a confi rmation of the cause of the 9/1; 12:41 p.m. 14903 downed helicopter.

A FAILURE OF INITIATIVE 379

Facts Reported to White House Homeland Security Council Staff Received WHK Bates No. Begin

DHS Watch Desk reports a downed helicopter. 9/1; 12:56 p.m. 14900

DHS Watch Offi cer advises WH: NOPD reports Guardsman shot in Superdome bathroom following 9/1; 1:48 p.m. 12748 an altercation with an evacuee.

Flyover pictures sent to WH showing magnitude of damage. 9/1; 2:37 p.m. 10674

Hostage situation at Tulane Hospital reported. 9/1; 2:47 p.m. 12750

LA reports: Jefferson Parish has people on street searching for food. There are contaminated fl ood 9/1; 4:00 p.m. 5654 waters and the streets are impassable. Orleans Parish’s 911 system is inoperable. Entire City of NO is fl ooded except the French Quarter.

Availability of generators and MREs are insuffi cient due to overwhelming demand. 9/1; 6:00 p.m. 11653

National Guard deployed to assist with law and order. 9/1; 6:14 p.m. 14138 Signifi cant fl ooding continues in Jefferson, Orleans, and St. Bernard Parish. 17th Street Canal levee breach is being repaired. Food and water airdrops are taking place through affected area.

E-mail trail beginning with Richard Davis at WH-HSC asking for specifi c operational response plans 9/1; 7:24 p.m. 11831 for attending to hospitals in danger.

Rajeev Venkayya of WH HSC e-mails offi cials at DHS re standing water hazards and resources 9/1; 8:43 p.m. 15373 available via CDC.

TSA personnel report trouble at MSY with maintaining order. 9/1; 10:19 p.m. 5588

Dan Ostergaard at DHS advises Richard Davis at WH that Katrina is a national disgrace. 9/1; 10:50 p.m. 15786

1,700 patients need to be evacuated from LA hospitals. 9/2; 4:21 a.m. 5183

DHS Briefi ng Points report FPS offi cers have walked the perimeter of the Convention Center and there 9/2; 5:44 a.m. 10919 are approximately 1,000 people there. “New Orleans Offi cers on scene and tactically prepared.”

Red Cross is operating no feeding kitchens in NO due to security concerns. 9/2; 6:00 a.m. 11756 Red Cross will not ask its volunteers to risk their personal safety.

WH advised of the willingness of states such as AK, AL and GA to receive evacuees. 9/2; 11:33 a.m. 15364

DHS notifi es WH, NO Convention Center population is 25,000 according to FEMA Region 6 RRCC. 9/2; 12:44 p.m. 5602 Limited food and water is available.

Red Cross estimates shelter population of 94,000. 9/2; 2:02 p.m. 16179

LA reports: Jefferson: Downed power lines, downed telephone and light poles, downed trees and 9/3; 12:00 p.m. 4522 limbs/debris and house debris. Lower water pressure or no water, gas/chemical leaks in air. Live wires, no commercial power in drainage pumps stations, toxic water, still some deep water in some neighborhoods, animal/reptile issues. West Bank business/apartment building burning to the ground, creeping water from the 17th St. Canal. Orleans: No power, 911 system down, EOC on emergency power and cell phones, Bayou Bienvenue reporting 20 foot storm surge. Lost contact with 4 pump stations. Entire city fl ooded, except French Quarter/West. Bank/Business district. Superdome is structurally okay, some roof damage. St. Bernard: No power; 911 center down, structure damage, glass breakage at shelters, roof torn off on high school gym shelter.

380 A FAILURE OF INITIATIVE

APPENDIX 4

EMERGENCY PREPAREDNESS AND RESPONSE GRANTS TO ALABAMA, LOUISIANA, AND MISSISSIPPI, FY 2003-2004

Emergency management assistance administered by FEMA includes providing funds for the reconstruction of damaged

public facilities, cash grants to victims of disasters, and access to temporary housing, among other types of aid. FEMA

also provides disaster planning and preparedness aid to state and local governments, and coordinates federal emergency

management activities.

Prior to September 11, 2001, the federal government’s role in supporting emergency preparedness and management

was limited primarily to providing resources before large-scale disasters like fl oods, hurricanes, and earthquakes, and

response and recovery assistance after such disasters. In response to the events of September 11, 2001, however, the federal

government has provided billions of dollars to state and local governments for planning, equipment, and training to

enhance the capabilities of fi rst responders to respond to terrorist attacks and to a lesser extent natural disasters. Indeed,

legislation and presidential directives call for DHS to place special emphasis on preparedness for terrorism, and DHS

has directed that the majority of fi rst responder grant funding be used to enhance fi rst responder capabilities to prevent,

protect against, respond to, and recover from terrorist attacks. Nonetheless, many grants can have all-hazards applications.

The following is a summary of all FEMA Hazard Mitigation, COPS, and ODP grants awarded in Alabama, Louisiana, and

Mississippi in Fiscal Years 2003-2004.

FEMA Hazard Mitigation Grant Programs

FEMA administers three programs that provide funds for activities that reduce losses from future disasters or prevent the

occurrence of catastrophes. These hazard mitigation programs include the Flood Mitigation Assistance (FMA) program,

the Hazard Mitigation Grant Program (HMGP), and the Pre-Disaster Mitigation (PDM) program.1 These programs enable

grant recipients to undertake activities such as the elevation of structures in fl oodplains, relocation of structures from

fl oodplains, construction of structural enhancements to facilities and buildings in earthquake prone areas (also known as

retrofi tting), and modifi cations to land use plans to ensure that future construction ameliorates, and does not exacerbate,

hazardous conditions.

Alabama, Louisiana, and Mississippi received a total of $67,313,169 through the three hazard mitigation programs in fi scal

years 2003, 2004, and 2005. Following is a brief summary of the grants awarded in the three fi scal years:

■ Alabama received a total of $27,516,469 over the three year period through the three FEMA-administered hazard

mitigation programs, Louisiana received $31,221,099, and Mississippi $8,575,601;

■ FMA grants: the state of Louisiana received $1,625,909, the state of Mississippi received $3,207,573 (Alabama received

no FMA grants);

■ HMGP grants: the state of Alabama received a total of $20,486,277, Louisiana received $29,595,190, and the state of

Mississippi received a total of $5,368,030; and,

■ PDM grants: the state of Alabama received a total of $6,530,977 in FY2004 — no PDM funds were received by Alabama

in FY2003 or FY2005, and no PDM awards were made to Mississippi or Louisiana during the three year period.

A FAILURE OF INITIATIVE 381

FEMA Hazard Mitigation Awards in FY2003

Flood Mitigation Assistance Program. A total of $1,100,109 was awarded to Alabama and Louisiana in FY2003 under authority of the Flood Mitigation Assistance (FMA) program. Mississippi received no funds through this program in

FY2003. Baldwin County, Alabama received $143,770 under the FMA program and spent the funds on private structure

elevation. No other county in Alabama received FMA funding. Louisiana received a total of $956,339 under the FMA

program and all grant recipients, including Jackson, Terrebonne, and East Baton Rouge parishes, used the funding for

private structure elevation.

Hazard Mitigation Grant Program. A total of $20,870,041 was awarded in FY2003 to two of the states under authority of Section 404 of the Stafford Act. No HMGP awards were provided in the state of Mississippi in FY2003. Alabama received

$338,524 and Louisiana received $20,531,517. Of this amount, $13,565,975 was awarded to Terrebonne parish for

elevation of private structures.

Pre-Disaster Mitigation Program. No PDM awards were made to Alabama, Louisiana, or Mississippi in FY2003.

FEMA Hazard Mitigation Awards in FY2004

Flood Mitigation Assistance Program. A total of $646,947 was awarded to the three states in FY2004 under authority of the Flood Mitigation Assistance (FMA) program. Alabama received $282,136, Louisiana $76,500, and Mississippi

$288,311. Again, the majority of the funding went to private structure elevation or private property acquisition.

Hazard Mitigation Grant Program. A total of $10,485,309 was awarded in FY2004 to the three states under authority of Section 404 of the Stafford Act. Alabama received $4,538,660 and mostly put it towards elevation of private structures or

acquisition of private or public real property. Louisiana was awarded $5,921,463. Most notably, $1,810,500 was awarded

statewide for the development of local multi-hazard plans. Assumption parish used its $15,000 to purchase generators.

Louisiana State University used its $94,685 for public awareness and education. And Jefferson Parish put its $634,938

award towards elevation of private structures.

Pre-Disaster Mitigation Program. Only one state, Alabama, received FMA funding in only one of the three years, FY2004. Most of the funds received by the state (83% of the $6,530,977) were awarded to the City of Birmingham for the

acquisition of property in riverine fl ood plains.

FEMA Hazard Mitigation Awards in FY2005

Flood Mitigation Assistance Program. A total of $4,685,750 was awarded in the three states in FY2005 under authority of the FMA program. Alabama received a total of $73,309. Louisiana received nearly $600,000, $400,000 of which went to

the Louisiana Offi ce of Homeland Security and Emergency Preparedness for salaries and expenses. And Mississippi’s nearly

3,000,000 awarded funded private property acquisitions in the cities of Florence, Gulfport, Long Beach, Grenada, and Pearl

River County.

Hazard Mitigation Grant Program. A total of $10,485,309 was awarded to the three states in FY2005 through the HMGP. Alabama received $15, 609,093. The funding went to generators, warning systems, and acquisition of private

or public real property and structures. Louisiana was awarded $3,142,210, which was used for public awareness and

382 A FAILURE OF INITIATIVE

education in Terrebonne and Assumption parishes and elevation of private structures in Ouachita and Livingston parishes.

And Mississippi was awarded $5,342,844, which it dispersed among several cities and counties, including Vicksburg,

Lauderdale, Brandon, and Jackson. The funds were spent primarily on acquisition of private and public real property.

Pre-Disaster Mitigation Program. No PDM awards were made to Alabama, Louisiana, or Mississippi in FY2005.

Community Oriented Policing Services (COPS) Offi ce

The COPS Offi ce was created by Title I of the Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322).

The mission of the COPS Offi ce is to advance community policing in all jurisdictions across the United States. The COPS

Offi ce awards grants to state, local and tribal law enforcement agencies throughout the United States so they can hire and

train law enforcement offi cers to participate in community policing, purchase and deploy new crime-fi ghting technologies,

and develop and test new and innovative policing strategies.2 The COPS Offi ce has awarded more than $11.4 billion to

over 13,000 law enforcement agencies across the United States since it started awarding grants in 1994.3 As of the end of

FY2004, the COPS Offi ce has funded more than 118,000 community policing offi cers throughout the U.S.4

COPS Grant Programs

Below is a brief summary of the COPS grant programs under which funding was awarded to local law enforcement

agencies in Alabama, Louisiana, and Mississippi. In summary:

■ Alabama received $24,770,274 from FY2003 to FY2005 under the COPS Interoperability Communications, Law

Enforcement Technology, Universal Hiring Program (UHP), COPS in Schools (CIS), and Homeland Security Overtime

(HSOP) grant programs;

■ Louisiana received $23,495,114 from FY2003 to FY2005 under the COPS Interoperability Communications, Law

Enforcement Technology, UHP, CIS, Regional Community Policing Institute (RCPI) and Homeland Security Overtime

(HSOP) grant programs; and

■ Mississippi received $7,003,688 from FY2003 to FY2005 under the COPS Law Enforcement Technology, UHP, CIS, and

HSOP grant programs.

COPS Interoperable Communications Grant Program. The Interoperable Communications Grant Program provides funding to local communities to help them develop effective interoperable communications systems for public safety

and emergency service providers. The grant program funds projects that explore the use of equipment and technology to

increase interoperability and data sharing among law enforcement, fi re departments, and emergency medical services.

Some examples of projects that have been funded include:

■ Interoperability communications equipment for multidisciplinary and multijurisdictional public safety communications

projects;

■ Deployment of portable gateway networks;

■ Technology to upgrade or enhance the ability of law enforcement to improve the timeliness, effectiveness and accuracy

of criminal justice information exchanges; and

■ Other technology that can be demonstrated to signifi cantly increase interoperability within the public safety

community.5

A FAILURE OF INITIATIVE 383

COPS Law Enforcement Technology Grant Program. The COPS Law Enforcement Technology Program provides funding for the development of automated systems that help state, local, and tribal law enforcement agencies prevent,

respond to, and investigate crime. The funding can be used by law enforcement agencies to purchase technology that

advances crime analysis, intelligence gathering, and crime prevention in their communities.6 The technology grants allow

law enforcement agencies to purchase technology that does not fall under the Interoperable Communications Grant

Program.7

COPS Universal Hiring Program (UHP). UHP provides funding to state, local, and tribal governments for the salaries and benefi ts of newly hired offi cers who engage in community policing. Law enforcement agencies can use UHP funding

to hire new law enforcement offi cers to work in community policing or to redeploy a comparable number of veteran

offi cers into community policing. UHP funding can also be used to help law enforcement agencies partner with local

communities to develop innovative ways to deal with long-standing problems. UHP was created in 1995 when COPS

merged their Funding Accelerated for Smaller Towns (FAST) and Accelerated Hiring, Education and Deployment (AHEAD)

Programs.8 Funds awarded under this program are used to pay 75 percent of a newly hired, entry-level offi cer’s salary and

benefi ts up to $75,000 per offi cer over the course of the three-year grant period. The agency is expected to pay the other 25

percent of the offi cer’s salary and benefi ts, unless they are able to obtain a waiver because of extreme fi scal hardship.

COPS in Schools (CIS). The CIS grant program provides funding to local law enforcement agencies so they can hire new or additional school resource offi cers to engage in community policing activities in and around primary and secondary

schools.9 The CIS grant program provides an incentive for the local law enforcement agency to collaborate and develop

partnerships with the school to use community policing efforts to combat school violence. Jurisdictions that apply for

funding must show they have primary law enforcement authority over the schools identifi ed in their application and do

not have the ability to implement the program without federal assistance. Funds awarded under this program are used to

pay the salary and benefi ts of a School Resource Offi cer up to $125,000 per offi cer over the course of the three-year grant

period. Any costs over the $125,000 per offi cer are expected to be covered by the local jurisdiction.

Homeland Security Overtime Program (HSOP). HSOP provides funding to cover the overtime pay for offi cers engaging in homeland security and community policing activities.10 The funds are meant to supplement the local law enforcement

agency’s current overtime budget. HSOP funds can be used to pay for offi cer overtime during homeland security training

sessions or other law enforcement activities designed to prevent acts of terrorism or other drug-related violent crime. HSOP

funds can be used to support overtime efforts for non-supervisory, sworn personnel. Funds cannot be used for civilian or

community service offi cers. HSOP grantees are expected to contribute 25 percent in matching funds.

Regional Community Policing Institutes (RCPI). RCPI funds are used to establish Regional Community Policing Institutes. RCPIs are training centers funded by COPS that teach a range of courses from homeland security and domestic

preparedness to police integrity. RCPIs also provide technical assistance for local law enforcement agencies.11 There is a

network of RCPIs across the United States that provide training to local law enforcement agents.12 The Gulf Coast RCPI

provides training and technical assistance in all aspects of community policing to local law enforcement in Louisiana,

Alabama and Mississippi.

384 A FAILURE OF INITIATIVE

COPS Funding Awarded to Jurisdictions in Alabama

Fiscal Year 2003. In FY2003, jurisdictions in the state of Alabama received a total of $9,567,867 from the COPS Offi ce. COPS funding awarded to jurisdictions in Alabama in FY2003 was done under three different grant programs, as shown

in Table 1. A total of eight Law Enforcement Technology grants were awarded in Alabama, for a total of $1,855,820 in funding. A total of nine UHP grants were awarded in Alabama, for a total of $7,638,363 in funding. Only one HSOP grant

was awarded in Alabama in the amount of $73,684.

Table 1: COPS Grants Awarded to Jurisdictions in Alabama in FY2003

Agency Grant Program Funding Alabama Dept. Of Public Safety Law Enforcement Technology $174,000.00

Choctaw County Emergency Management Agency Law Enforcement Technology $198,700.00

City of Harselle Law Enforcement Technology $69,545.00

Huntsville Police Dept. Law Enforcement Technology $347,725.00

Jefferson County Sheriff’s Dept. Law Enforcement Technology $469,750.00

Limestone County Board Law Enforcement Technology $49,675.00

Town of Rogersville Law Enforcement Technology $49,675.00

University of Alabama-Huntsville Law Enforcement Technology $496,750.00

Alabama Dept. Of Public Safety UHP $5,625,000.00

City of Troy UHP $70,021.00

Town of Coosada UHP $73,981.00

Jefferson County Sheriff’s Dept. UHP $750,000.00

Lake View Police Dept. UHP $152,052.00

Madison Police Dept. UHP $450,000.00

Marengo County Sheriff’s Dept. UHP $297,288.00

City of Troy UHP $70,021.00

Tuscaloosa County Sheriff’s Dept. UHP $150,000.00

Mobile County Board of Commissioners Homeland Security Overtime $73,684.00

Total Awarded $9,567,867.00

Jurisdictions in Alabama received approximately 7.7 percent of the total amount of UHP funding awarded to all

jurisdictions in the United States by the COPS Offi ce in FY2003. However, jurisdictions in Alabama received slightly less

than one percent of the total amount of Law Enforcement Technology funding awarded by the COPS Offi ce for the fi scal

year. Likewise, only 0.1 percent of the total amount of HSOP funding awarded in FY2003 by the COPS offi ce went to

Alabama.

A FAILURE OF INITIATIVE 385

Fiscal Year 2004. In FY2004, jurisdictions in Alabama received a total of $8,695,875 from the COPS Offi ce. COPS funding awarded to jurisdictions in Alabama was done under four different grant programs, as shown in Table 2. Nine Law Enforcement Technology grants were awarded to jurisdictions in Alabama, for a total of $1,810,745 in funding. Three UHP

grants were awarded in Alabama, for a total of $571,169 in funding. Four CIS grants were awarded in Alabama, for a total

of $688,961 in funding. Only one Interoperable Communications Technology grant was awarded in FY2004 to Alabama,

in the amount of $5.625 million.

Table 2: COPS Grants Awarded to Jurisdictions in Alabama in FY2004

Agency Grant Program Funding St. Clair County Sheriff’s Dept. Law Enforcement Technology $98,948.00

Jefferson County Sheriff’s Dept. Law Enforcement Technology $98,948.00

Hanceville Police Dept. Law Enforcement Technology $19,790.00

Arab Police Dept. Law Enforcement Technology $14,842.00

Town of Douglas Law Enforcement Technology $9,895.00

Blount County Sheriff’s Dept. Law Enforcement Technology $34,632.00

Lexington Police Dept. Law Enforcement Technology $49,474.00

Jefferson County Medical Examiner Law Enforcement Technology $494,739.00

Board of Trustees of the University of Alabama Law Enforcement Technology $989,477.00

City of Helena UHP $375,000.00

City of Midland UHP $121,169.00

Daphne Police Dept. UHP $75,000.00

Randolph County Sheriff’s Dept. COPS in Schools $91,809.00

Scottsboro Police Dept. COPS in Schools $81,978.00

Wilcox County Sheriff’s Dept. COPS in Schools $196,898.00

Marshall County Sheriff’s Dept. COPS in Schools $318,276.00

Birmingham Police Dept. Interoperable Communications Tech. $5,625,000.00

Total Awarded $8,695,875.00

In FY2004, jurisdictions in Alabama received one percent of the total UHP funding awarded to jurisdictions nationwide by

the COPS Offi ce. Less than two percent of the total funding under the Law Enforcement Technology program and the CIS

program went to jurisdictions in Alabama in FY2004. However, 6.8 percent of the total amount of funding awarded under

the Interoperable Communications Technology program for FY2004 went to one jurisdiction in Alabama.

386 A FAILURE OF INITIATIVE

Fiscal Year 2005. In FY2005, a total of $6,506,532 in COPS funding was awarded to jurisdictions in the state of Alabama. Funding awarded to jurisdictions in Alabama were made under three different COPS grant programs, as shown in Table 3. Thirteen grants, for a total of $2,821,800 in funding, were awarded to jurisdictions in Alabama under the Law Enforcement

Technology Program. One CIS grant was award in Alabama in the amount of $684,732. As in previous years, only one

Interoperable Communications Technology grant was awarded in Alabama in the amount of $3,000,000.

Table 3: COPS Grants Awarded to Jurisdictions in Alabama in FY2005

Agency Grant Program Funding Board of Trustees of the University of Alabama Law Enforcement Technology $147,996.00

Guin Police Dept. Law Enforcement Technology $39,466.00

Southside Police Dept. Law Enforcement Technology $19,733.00

Boaz Police Dept. Law Enforcement Technology $19,733.00

Morgan County Sheriff’s Dept. Law Enforcement Technology $78,931.00

Shelby County Sheriff’s Dept. Law Enforcement Technology $246,661.00

Mobile Police Dept. Law Enforcement Technology $246,661.00

Huntsville Police Dept. Law Enforcement Technology $295,993.00

Huntsville Police Dept. Law Enforcement Technology $493,322.00

Madison County Sheriff’s Dept. Law Enforcement Technology $493,322.00

Morgan County Sheriff’s Dept. Law Enforcement Technology $98,664.00

Jefferson County Criminal Courts Law Enforcement Technology $394,657.00

Tuscaloosa County Sheriff’s Dept. Law Enforcement Technology $246,661.00

City of Tuscaloosa COPS in Schools $684,732.00

Mobile Police Dept. Interoperable Communications Tech. $3,000,000.00

Total Awarded $6,506,532.00

Three percent of the Law Enforcement Technology grant funds awarded nationwide by the COPS Offi ce in FY2005 was

awarded to jurisdictions in Alabama. Approximately 1.4 percent of all CIS funding awarded by the COPS Offi ce for

the fi scal year was awarded to a jurisdiction in Alabama. The Mobile Police Department received three percent of the

Interoperable Communications Technology awarded by the COPS Offi ce in FY2005.

A FAILURE OF INITIATIVE 387

COPS Funding Awarded to Jurisdiction in Louisiana

Fiscal Year 2003. In FY2003, a total of $10,699,027 in COPS funding was awarded to jurisdictions in Louisiana. Funding awarded by COPS during the fi scal year was done under fi ve different grant programs, as shown in Table 4. COPS awarded a total of eight Law Enforcement Technology grants in Louisiana, for a total of $2,493,685 in funding. COPS also

awarded four UHP grants in Louisiana for a total of $2,039,523 in funding. Three grants under the HSOP were awarded

in Louisiana for a total funding amount of $305,407. One grant was made to a jurisdiction in Louisiana under the

Interoperable Communications Technology Program for $5,510,412, and under the RCPI Program for $350,000.

Table 4: COPS Grants Awarded to Jurisdictions in Louisiana in FY2003

Agency Grant Program Funding Louisiana Commission on Law Enforcement and Admin. Law Enforcement Technology $1,490,250.00

Slidell Police Dept. Law Enforcement Technology $49,675.00

Vernon Parish Sheriff’s Dept. Law Enforcement Technology $59,610.00

New Orleans Metropolitan Crime Commission Law Enforcement Technology $198,700.00

Jefferson Parish Sheriff’s Dept. Law Enforcement Technology $49,675.00

St. Tammany Parish Sheriff’s Dept. Law Enforcement Technology $99,350.00

Harahan Police Dept. Law Enforcement Technology $49,675.00

Lafourche Parish Sheriff’s Dept. Law Enforcement Technology $496,750.00

Houma Police Dept. UHP $412,160.00

Lake Charles Police Dept. UHP $772,974.00

Port of New Orleans Harbor Police Dept. UHP $212,351.00

Quachita Parish Sheriff’s Dept. UHP $642,038.00

Slidell Police Dept. Homeland Security Overtime $48,833.00

Gretna Police Dept. Homeland Security Overtime $49,229.00

Quachita Parish Sheriff’s Dept. Homeland Security Overtime $207,345.00

New Orleans Police Dept. Interoperable Communications Tech. $5,510,412.00

Northwestern State University RCPI $350,000.00

Total Awarded $10,699,027.00

Jurisdictions in Louisiana received 1.3 percent of the total Law Enforcement Technology funding awarded by the COPS

Offi ce in FY2003. Also, jurisdictions in Louisiana received 2.1 percent of UHP funding awarded in the same fi scal year.

Jurisdictions in Louisiana received less than one percent of HSOP funding awarded in FY2003. However, the New Orleans

Police Department received 7.4 percent of the Interoperable Communications Technology funds awarded in FY2003.

Northwestern State University received 1.7 percent of the RCPI funds awarded in FY2003 by the COPS Offi ce.

388 A FAILURE OF INITIATIVE

Fiscal Year 2004. In FY2004, a total of $5,306,337 in COPS funding was awarded to jurisdictions in Louisiana. Like FY2003, grants awarded in the state of Louisiana were made under four different grant programs, as shown in Table 5. COPS awarded a total of six Law Enforcement Technology grants in Louisiana for the fi scal year, for a total of $1,335,795.

COPS also awarded three grants under UHP in Louisiana for the fi scal year, for a total of $869,707. One grant was awarded

to a local agency under the CIS program, for $101,394, and under the Interoperable Communication Technology Program,

for $2,998,901.

Table 5: COPS Grants Awarded to Jurisdictions in Louisiana in FY2004

Agency Grant Program Funding Rapides Parish Sheriff’s Dept. Law Enforcement Technology $148,422.00

Lafayette Police Dept. Law Enforcement Technology $49,474.00

Sunset Police Dept. Law Enforcement Technology $19,790.00

Town of Grand Coteau Law Enforcement Technology $29,684.00

City of Bastrop Law Enforcement Technology $989,477.00

New Orleans Metropolitan Crime Commission Law Enforcement Technology $98,948.00

Terrebonne Parish Sheriff’s Dept. UHP $360,686.00

Gretna Police Dept. UHP $75,000.00

Bossier Parish Sheriff’s Dept. UHP $434,021.00

City of Westwego COPS in Schools $101,934.00

City of Shreveport Interoperable Communications Tech. $2,998,901.00

Total Awarded $5,306,337.00

Jurisdictions in Louisiana received less than one percent of the total amount of Law Enforcement Technology and CIS

funds awarded by the COPS Offi ce in FY2004. Less than two percent of all UHP funding in FY2004 went to jurisdictions in

Louisiana. The City of Shreveport received 3.6 percent of the Interoperable Communications Technology funding awarded

in FY2004.

Fiscal Year 2005. In FY2005, jurisdictions in Louisiana received a total of $7,453,750 in COPS funding. Like FY2003 and FY2004, awards made by the COPS Offi ce to jurisdictions in Louisiana were done under three different programs,

as shown in Table 6. Three awards were made under the Law Enforcement Technology grant program, for a total of $686,657. Only one award was made under the Interoperable Communications Technology Program, in the amount of

$5,999,184. Two awards were made by the COPS Offi ce under the RCPI program, for a total of $767,909.

Table 6: COPS Grants Awarded to Jurisdictions in Louisiana in FY2005

Agency Grant Program Funding New Orleans Metropolitan Crime Commission Law Enforcement Technology $98,664.00

Bastrop Police Dept. Law Enforcement Technology $246,661.00

Northwestern State University Law Enforcement Technology $341,332.00

Baton Rouge Police Dept. Interoperable Communications Tech. $5,999,184.00

Northwestern State University RCPI $600,000.00

Northwestern State University RCPI $167,909.00

Total Awarded $7,453,750.00

Jurisdictions in Louisiana received 0.5 percent of the total amount of Law Enforcement Technology funding awarded by

the COPS Offi ce in FY2005. The Baton Rouge Police Department received six percent of the total amount of Interoperable

Communications Technology funding awarded in FY2005. Also, Northwestern State University received fi ve percent of

RCPI funding awarded by the COPS Offi ce for FY2005.

A FAILURE OF INITIATIVE 389

COPS Funding Awarded to Jurisdictions in Mississippi

Fiscal Year 2003. In FY2003, a total of $3,251,953 was awarded by the COPS Offi ce in Mississippi. As shown in Table 7, funds awarded to jurisdictions in Mississippi by the COPS Offi ce were done under four different programs. Five Law Enforcement Technology grants were awarded in Mississippi during FY2003, for a total of $1,559,796. Seven UHP grants

were awarded in Mississippi, for a total of $1,325,545. Only one CIS grant, for $94,513, was awarded in Mississippi in

FY2003. Five HSOP grants were awarded in Mississippi for a total of $272,099.

Table 7: COPS Grants Awarded to Jurisdictions in Mississippi in FY2003

Agency Grant Program Funding Columbia Police Dept. Law Enforcement Technology $248,375.00

Leake County Board of Supervisors Law Enforcement Technology $94,383.00

Simpson County Sheriff’s Dept. Law Enforcement Technology $844,475.00

Warren County Sheriff’s Dept. Law Enforcement Technology $248,375.00

Wilkinson County Sheriff’s Dept. Law Enforcement Technology $124,188.00

Alcorn County Sheriff’s Dept. UHP $75,000.00

DeSoto County Sheriff’s Dept. UHP $299,067.00

City of Hattiesburg UHP $349,946.00

Pearl River Community College UHP $150,385.00

City of Sardis UHP $217,951.00

University of Southern Mississippi UHP $193,871.00

Vaiden Police Dept. UHP $39,325.00

Okolona Police Dept. COPS in Schools $94,513.00

Gulfport Police Dept. Homeland Security Overtime $139,759.00

Jackson County Sheriff’s Dept. Homeland Security Overtime $68,948.00

City of Sardis Homeland Security Overtime $20,803.00

City of Starkville Homeland Security Overtime $22,896.00

Mississippi State University Homeland Security Overtime $19,693.00

Total Awarded $3,251,953.00

Less than one percent of the total amount of Law Enforcement Technology, CIS, and HSOP funds was awarded to

jurisdictions in Mississippi in FY2003. Less than two percent of the UHP funds awarded by the COPS Offi ce were awarded

to jurisdictions in Mississippi.

390 A FAILURE OF INITIATIVE

Fiscal Year 2004. In FY2004, a total of $2,271,770 was awarded to jurisdictions in Mississippi by the COPS Offi ce. As shown in Table 8, grants awarded to jurisdictions in Mississippi in FY2004 were done under three different programs. Three Law Enforcement Technology grants were made in Mississippi in FY2004, for a total of $444,557. Four UHP grants

were awarded in Mississippi, for a total of $912,130. Four CIS grants were also awarded in Mississippi in FY2004, for a

total of $915,083.

Table 8: COPS Grants Awarded to Jurisdictions in Mississippi in FY 2004

Agency Grant Program Funding City of Jackson Law Enforcement Technology $98,948.00

Jackson County Sheriff’s Dept. Law Enforcement Technology $98,948.00

Lee County Sheriff’s Dept. Law Enforcement Technology $246,661.00

Booneville Police Dept. UHP $75,000.00

City of Mound Bayou UHP $204,501.00

Pearl River County Sheriff’s Dept. UHP $412,500.00

City of D’Iberville UHP $220,129.00

Alcorn County Sheriff’s Dept. COPS in Schools $103,192.00

Marion County Sheriff’s Dept. COPS in Schools $251,769.00

Ripley Police Dept. COPS in Schools $195,082.00

Harrison County Sheriff’s Dept. COPS in Schools $365,040.00

Total Awarded $2,271,770.00

Less than one percent of all of the FY2004 Law Enforcement Technology grant funding went to jurisdictions in Mississippi.

Approximately 1.3 percent of UHP funding awarded by the COPS Offi ce in FY2004 was awarded to jurisdictions in

Mississippi. Less than two percent of all CIS funding for FY2004 went to jurisdictions in Mississippi.

Fiscal Year 2005. In FY2005, a total of $1,479,965 was awarded to jurisdictions in Mississippi by the COPS Offi ce. As shown in Table 9, only two awards were made in Mississippi in FY2005, both under the Law Enforcement Technology program.

Table 9: COPS Grants Awarded to Jurisdiction in Mississippi in FY2005

Agency Grant Program Funding Yazoo City Police Dept. Law Enforcement Technology $493,322.00

Southaven Police Dept. Law Enforcement Technology $986,643.00

Total Awarded $1,479,965.00

Approximately 1.1 percent of all Law Enforcement Technology funding went to the two jurisdictions in Mississippi that

received funding in FY2005.

A FAILURE OF INITIATIVE 391

Offi ce for Domestic Preparedness (ODP)

The Offi ce for Domestic Preparedness (ODP) was transferred from the Department of Justice to the Department of

Homeland Security (DHS) by Section 430, Title IV of the Homeland Security Act of 2002 (P.L. 107-296). ODP has primary

responsibility for United States government terrorism preparedness.13 ODP administers grants to state, local, and tribal

fi rst responder entities (such as law enforcement, emergency management, fi re departments, and emergency medical

services) that assist their preparedness activities. Since FY2003, ODP has awarded approximately $480 million to Alabama,

Louisiana, and Mississippi fi rst responders.

Since September 11, 2001 funding appropriated by Congress for DHS programs to enhance fi rst responders’ capabilities

has largely emphasized enhancing capabilities to respond to terrorist attacks. The Homeland Security Act of 2002 and

Homeland Security Presidential Directive-8, however, direct DHS to take an all-hazards approach to national emergency

preparedness with a special emphasis on terrorism.14 As a result, DHS grant guidance for the State Homeland Security

Grant and the Urban Area Security Initiative grant programs, the two largest sources of DHS grants funds available to state

and local fi rst responders, is designed to support an all-hazards approach to planning, equipment, and training to enhance

the capabilities of fi rst responders to respond to terrorist attacks and to a lesser extent natural disasters.

ODP Grant Programs

A brief summary of ODP grant programs under which funding was awarded to fi rst responder entities in Alabama,

Louisiana, and Mississippi follows:

■ Alabama received $216,130,186, from FY2003 to FY2005 under the ODP State Homeland Security Grant Program

(SHSGP), the Critical Infrastructure Protection Program (CIP), the Citizen Corps Programs (CCP), the Law Enforcement

Terrorism Prevention Program (LETPP), the Assistance to Firefi ghters Program (FIRE), and the Emergency Management

Performance Grant Program (EMPG);

■ Louisiana received $140,038,519, from FY2003 to FY2005 under the ODP State Homeland Security Grant Program

(SHSGP), the Critical Infrastructure Protection Program (CIP), the Citizen Corps Programs (CCP), the Law Enforcement

Terrorism Prevention Program (LETPP), the Assistance to Firefi ghters Program (FIRE), and the Emergency Management

Performance Grant Program (EMPG); and

■ Mississippi received $123,583,324, from FY2003 to FY2005 under the ODP State Homeland Security Grant Program

(SHSGP), the Critical Infrastructure Protection Program (CIP), the Citizen Corps Programs (CCP), the Law Enforcement

Terrorism Prevention Program (LETPP), the Assistance to Firefi ghters Program (FIRE), and the Emergency Management

Performance Grant Program (EMPG).

State Homeland Security Grant Program (SHSGP). This assistance program provides fi nancial assistance to states and U.S. insular areas to prepare for terrorist attacks involving weapons of mass destruction (WMD). The program authorizes

purchase of specialized equipment to enhance state and local agencies’ capability in preventing and responding to WMD

incidents, and provides funds for protecting critical infrastructure of national importance. This program provides grant

funds for designing, developing, conducting, and evaluating WMD exercises; developing and conducting WMD training

programs; and updating and implementing each state’s Homeland Security Strategy (SHSS).15

SHSGP funds may be used to plan for, design, develop, conduct, and evaluate exercises that train fi rst responders, and

to assess the readiness of state and local jurisdictions to prevent and respond to terrorist attacks. Exercises must be threat-

and performance-based, in accordance with ODP Homeland Security Exercise and Evaluation Program (HSEEP) manuals.

Exercises conducted with funds from this program must be managed and executed in accordance with HSEEP.16

Funds from this program may be used to enhance the capabilities of state and local fi rst responders through the

development of a state homeland security training program. Allowable training costs include establishment of WMD

training capacities within existing training academies, universities, and junior colleges.17

392 A FAILURE OF INITIATIVE

States are the only authorized applicants, with the following state and local entities eligible to receive funding:

■ Emergency management agencies or offi ces;

■ Homeland security agencies or offi ces;

■ Fire departments;

■ Law enforcement agencies;

■ Emergency medical services;

■ Hazardous material-handling personnel;

■ Public works agencies or offi ces;

■ Public health agencies or offi ces;

■ Governmental administrative agencies or offi ces; and

■ Public safety communications agencies or offi ces.18

Citizen Corps Programs (CCP). On January 29, 2002, President Bush issued an executive order19 which established the USA Freedom Corps. USA Freedom Corps’ mission is to increase opportunities for citizens by expanding and enhancing

public service. Within the USA Freedom Corps, the Citizen Corps program was established to coordinate volunteer

organizations, with the mission to make local communities safe and prepared to respond to any emergency situation.

Community Emergency Response Teams (CERT) is the only program of the four which Citizen Corps administers that

provides grant funding to volunteer fi rst responders.

CERT trains people to be prepared to respond to emergency situations in their own local communities. CERTs are

groups of volunteers within communities that are trained by professional fi rst responders to assist in the event of a disaster.

CERT members give critical support to fi rst responders, provide immediate assistance to victims, and organize spontaneous

volunteers at a disaster site.

This program authorizes funding for training of CERT members only. The CERT program is a professionally instructed

course taught by a team of fi rst responders who have the requisite knowledge and skills. The course, taught to groups of

citizens within their communities, consists of two and a half hour sessions held one evening a week, over a seven week

period.20 States apply for a grant under this program, while any community that has established a Citizen Corps Council is

also eligible to receive funding from it.

Law Enforcement Terrorism Prevention Program (LETPP). In the FY2004 DHS appropriations, Congress directed ODP to establish a local law enforcement terrorism prevention grant program for states and localities.21 This program

provides funds to support activities to establish and enhance state and local efforts to prevent and deter terrorist attacks.

Eligible program activities authorized include:

■ Information sharing to preempt terrorist attacks;

■ Target hardening to reduce vulnerability of selected high value targets;

■ Threat recognition to identify potential or actual threats; and

■ Intervention activities to interdict terrorists.

Approved costs for this program include, but are not limited to, personnel costs (including overtime as approved by

the state administering agency), equipment, systems, and related expenses.22 State and local law enforcement agencies are

authorized to apply for grant funding under this program.

Assistance to Firefi ghters Program (FIRE). This program awards one-year grants directly to fi re departments to enhance their abilities to respond to fi res and fi re-related hazards.23 The program seeks to support fi re departments that lack the

tools and resources necessary to protect the health and safety of the public and fi refi ghting personnel.24 At least fi ve

percent of the funds go to prevention programs, and recipients agree to contribute a 30 percent nonfederal match if the

A FAILURE OF INITIATIVE 393

local population is greater than 50,000, or 10 percent if the local population is 50,000 or less. Grant recipients may not

receive more than $750,000 for any fi scal year.25 The program’s grant application process is competitive, and applications

are peer reviewed by state and local fi re department offi cials.

FIRE program provides funds to support fi refi ghter safety, fi re prevention, emergency medical services, and fi refi ghting

vehicle acquisition. Individual fi re departments are eligible to apply for grants under this program.

Emergency Management Performance Grant Program (EMPG). This program is designed to assist the development, maintenance, and improvement of state and local emergency management capabilities. It provides support to state and

local governments to achieve measurable results in key functional areas of emergency management.26

EMPG funds are used for emergency management personnel costs, travel, training, supplies, and other routine

expenditures for emergency management activities.27 Funds from this grant program may also be used for consequence

management preparedness projects and programs that develop and improve the capabilities of states and localities to

prepare for, respond to, and recover from acts of terrorism involving WMD.28

States may use the funds provided through the EMPG to structure their individual emergency management programs

based on identifi ed needs and priorities for strengthening emergency management capabilities. States may also use EMPG

funds to develop intrastate emergency management systems that encourage partnership building among government,

business, and volunteer and community organizations.29 State emergency management agencies or offi ces are eligible

applicants and recipients of this grant program; additionally, state emergency management agencies may pass funds to

emergency management offi ces at the local level.

ODP Funding Awarded to Alabama

Fiscal Year 2003. In FY2003, Alabama received a total of $61,348,493 from ODP. ODP funding awarded to Alabama in FY2003 was done under fi ve different grant programs, as shown in Table 10.

Table 10: ODP Grants Awarded to Alabama in FY2003

Grant Program Funding State Homeland Security Grant Program $31,200,000.00

Citizen Corps $500,000.00

Critical Infrastructure Protection $3,300,000.00

Assistance to Firefi ghters Program $23,548,493.00

Emergency Management Performance Grant Program $2,800,000.00

Total Awarded $61,348,493.00

Fiscal Year 2004. In FY2004, Alabama received a total of $108,732,787 from ODP. ODP funding awarded to Alabama in FY2004 was done under fi ve different grant programs, as shown in Table 11.

Table 11: ODP Grants Awarded to Alabama in FY2004

Grant Program Funding State Homeland Security Grant Program $28,000,000.00

Citizen Corps $600,000.00

Law Enforcement Terrorism Prevention Program $8,300,000.00

Assistance to Firefi ghters Program $68,932,787.00

Emergency Management Performance Grant Program $2,900,000.00

Total Awarded $108,732,787.00

394 A FAILURE OF INITIATIVE

Fiscal Year 2005. In FY2005, Alabama received a total of $46,048,906, in funding from ODP. ODP funding awarded to Alabama in FY2005 was done under fi ve different grant programs, as shown in Table 12.

Table 12: ODP Grants Awarded to Alabama in FY2005

Grant Program Funding State Homeland Security Grant Program $17,000,000.00

Citizen Corps $200,000.00

Law Enforcement Terrorism Protection Program $6,400,000.00

Assistance to Firefi ghters Program $19,548,906.00

Emergency Management Performance Grant Program $2,900,000.00

Total Awarded $46,048,906.00

ODP funding Awarded to Louisiana

Fiscal Year 2003. In FY2003, Louisiana received a total of $51,048,654 from ODP. ODP funding awarded to Louisiana in

FY2003 was done under fi ve different grant programs, as shown in Table 13.

Table 13: ODP Grants Awarded to Louisiana in FY2003

Grant Program Funding State Homeland Security Grant Program $32,200,000.00

Citizen Corps $500,000.00

Critical Infrastructure Protection $3,300,000.00

Assistance to Firefi ghters Program $12,248,654.00

Emergency Management Performance Grant Program $2,800,000.00

Total Awarded $51,048,654.00

Fiscal Year 2004. In FY2004, Louisiana received a total of $51,159,534 from ODP. ODP funding awarded to Louisiana in FY2004 was done under fi ve different grant programs, as shown in Table 14.

Table 14: ODP Grants Awarded to Louisiana in FY2004

Grant Program Funding State Homeland Security Grant Program $28,000,000.00

Citizen Corps $600,000.00

Law Enforcement Terrorism Prevention Program $8,300,000.00

Assistance to Firefi ghters Program $11,359,534.00

Emergency Management Performance Grant Program $2,900,000.00

Total Awarded $51,159,534.00

A FAILURE OF INITIATIVE 395

Fiscal Year 2005. In FY2005, Louisiana received a total of $37,830,331 from ODP. ODP funding awarded to Louisiana in FY2005 was done under fi ve different grant programs, as shown in Table 15.

Table 15: ODP Grants Awarded to Louisiana in FY2004

Grant Program Funding State Homeland Security Grant Program $17,700,000.00

Citizen Corps $200,000.00

Law Enforcement Terrorism Prevention Program $6,400,000.00

Assistance to Firefi ghters Program $10,630,331.00

Emergency Management Performance Grant Program $2,900,000.00

Total Awarded $37,830,331.00

ODP Funding Awarded to Mississippi

Fiscal Year 2003. In FY2003, Mississippi received a total of $46,208,491 from ODP. ODP funding awarded to Mississippi in FY2003 was done under fi ve different grant programs, as shown in Table 16.

Table16: ODP Grants Awarded to Mississippi in FY2003

Grant Program Funding State Homeland Security Grant Program $25,000,000.00

Citizen Corps $400,000.00

Critical Infrastructure Protection $2,700,000.00

Assistance to Firefi ghters Program $15,908,491.00

Emergency Management Performance Grant Program $2,200,000.00

Total Awarded $46,208,491.00

Fiscal Year 2004. In FY2004, Mississippi received a total of $43,564,925 from ODP. ODP funding awarded to Mississippi in FY2004 was done under fi ve different grant programs, as shown in Table 17.

Table 17: ODP Grants Awarded to Mississippi in FY2004

Grant Program Funding State Homeland Security Grant Program $22,400,000.00

Citizen Corps $500,000.00

Law Enforcement Terrorism Prevention Program $6,700,000.00

Assistance to Firefi ghters Program $11,564,925.00

Emergency Management Performance Grant Program $2,400,000.00

Total Awarded $43,564,925.00

396 A FAILURE OF INITIATIVE

Fiscal Year 2005. In FY2005, Mississippi received a total of $31,109,908 from ODP. ODP funding awarded to Mississippi in FY2005 was done under fi ve different grant programs, as shown in Table 18.

Table 18: ODP Grants Awarded to Mississippi in FY2005

Grant Program Funding State Homeland Security Grant Program $14,200,000.00

Citizen Corps $200,000.00

Law Enforcement Terrorism Prevention Program $5,200,000.00

Assistance to Firefi ghters Program $9,209,908.00

Emergency Management Performance Grant Program $2,300,000.00

Total Awarded $31,109,908.00

1 The programs are authorized in the following statutes: Flood Mitigation Assistance - 42 U.S.C. § 4104(c)-(d) (2005); Hazard Mitigation Grant Program - 42 U.S.C. § 5170(c) (2005); Pre-Disaster Mitigation - 42 U.S.C. § 5133 (2005).

2 U.S. Dep’t. of Justice, Cmty. Oriented Policing Servs. Offi ce [hereinafter DOJ COPS Offi ce], About Cmty. Oriented Policing Servs. Offi ce, http:// www.cops.usdoj.gov/Default.asp?Item=35, (last visited Oct. 25, 2005) [hereinafter About DOJ COPS Offi ce website].

3 DOJ COPS Offi ce website, Message from the Dir., http://www.cops.usdoj.gov/Default.asp?Item=37, (last visited Oct. 25, 2005). 4 About DOJ COPS Offi ce website. 5 DOJ COPS Offi ce, COPS Fact Sheet: Interoperable Communications Tech., http://www.cops.usdoj.gov/mime/open.pdf?Item=947, (last visited

Oct. 25, 2005). 6 DOJ COPS Offi ce, COPS Tech. Grants, http://www.cops.usdoj.gov/Default.asp?Item=58, (last visited Oct. 25, 2005). 7 Telephone call by Select Comm. Staff with DOJ COPS Offi ce personnel (Oct. 25, 2005). 8 DOJ COPS Offi ce, Universal Hiring Program, http://www.cops.usdoj.gov/Default.asp?Item=53, (last visited Oct. 25, 2005). 9 DOJ COPS Offi ce, COPS in Schools, http://www.cops.usdoj.gov/default.asp?Item=54, (last visited Oct. 25, 2005). 10 DOJ COPS Offi ce, Homeland Sec. Overtime Program, http://www.cops.usdoj.gov/default.asp?Item=1023, (last visited Oct. 25, 2005). 11 Telephone call by Select Comm. Staff with DOJ COPS Offi ce personnel (Nov. 21, 2005). 12 DOJ COPS Offi ce, Reg’l Cmty. Policing Insts., http://www.cops.usdoj.gov/default.asp?Item=229 (last visited Jan. 30, 2005) (The website

provides a list of all Reg’l Cmty. Policing Insts. across the United States). 13 Homeland Sec. Act (2002), Pub. L. No. 107-296, 116 Stat. 2135 (2002). 14 Directive on Mgmt. of Nat’l Preparedness, 39 WEEKLY COMP. PRES. DOC. 1822 (Dec. 17, 2003) (Known as Homeland Sec. Presidential

Directive/HSPD-8). 15 Offi ce for Domestic Preparedness, U.S. Dep’t of Homeland Sec., Fiscal Year 2004 State Homeland Security Grant Program: Program Guidelines and

Application Kit, 1 (2003). 16 Id. at 3. 17 Id. at 4. 18 Id. at 2. 19 Establishing the USA Freedom Corps, 67 Fed. Reg. 4869 (2002). 20 Emergency Mgmt. Inst., Community Emergency Response Team Overview, http://training.fema.gov/emiweb/CERT/overview.asp (last visited

Apr. 1, 2004). 21 2004 Dep’t of Homeland Sec. Appropriations Act, Pub. L. No. 108-90, 117 Stat. 1137 (2003). 22 S. REP. NO. 108-86 (2003). 23 House REP. NO. 108-280 (2003) (In the conference report to accompany H.R. 2555, the Assistance to Firefi ghters grant program is to be

administered by the Offi ce of Domestic Preparedness. It also specifi es that the grant administration process will not be changed from the present procedures, to include peer review and involvement by United States Fire Admin).

24 Fed. Emergency Mgmt. Agency, U.S. Dep’t of Homeland Sec., FY2003 Assistance to Firefi ghters Grant Program Guidance, 2 (2003). 25 Floyd D. Spence Nat’l Def. Authorization Act for FY 2001, Pub. L. No. 106-398, § 1701, 114 Stat. 1654 (2000). 26 26 Fed. Emergency Mgmt. Agency, U.S. Dep’t of Homeland Security, FY2003 Emergency Management Performance Grant Program Guidance to

States, 2 (2003). 27 Id. at 6. 28 Id. at 8. 29 Id. at 9.

A FAILURE OF INITIATIVE 397

APPENDIX 5

KEY FEDERAL LAW ENFORCEMENT ACTIONS IN RESPONSE TO KATRINA

The Federal Bureau of Investigations established a Tactical Operations Center and utilized its Fly Teams to assist in fi ngerprinting victims and potential recovery contractors

The Federal Bureau of Investigations (FBI) accomplished core mission functions in response to the hurricane by

establishing a Tactical Operations Center to support the FBI’s tactical teams. In addition, FBI Fly Teams assisted FEMA’s

Disaster Mortuary Operational Response Team in identifying 112-115 hurricane victims by computerized fi ngerprint

matching. FBI Fly Teams also assisted FEMA in identifying 458 criminal histories out of 2,900 potential hurricane recovery

contractors through fi ngerprinting.

The FBI is the “principal investigative arm of the United States Department of Justice.” The FBI’s mission is to:

[U]phold the law through the investigation of violations of federal criminal law; to protect the United States

from foreign intelligence and terrorist activities; to provide leadership and law enforcement assistance to

federal, state, local, and international agencies; and to perform these responsibilities in a manner that is

responsive to the needs of the public and is faithful to the Constitution of the United States.1

The United States Attorney General can authorize the FBI to assist state and location authorities in a “law enforcement

emergency.”2 The FBI may provide public safety support to state and local authorities in a presidentially declared “major

disaster.”3

The FBI’s Law Enforcement Services Branch coordinates the Bureau’s preparation for and response to a domestic

emergency.4 Staff from all offi ces within this branch were utilized after Hurricane Katrina. In addition, the FBI called

upon its Administrative Services Division, Counterterrorism Division, Criminal Investigative Division, Cyber Division,

Directorate of Intelligence, Finance Division, Information Technology Operations Division, and Security Division.

There are approximately 225 employees assigned to the FBI’s New Orleans Field Offi ce, which has jurisdiction over all

FBI authority in the state of Louisiana.5 The FBI has fi eld offi ces in Jackson, Mississippi and Mobile, Alabama.6 As part of

the Jackson Field Offi ce, the FBI has Resident Agencies in Pascagoula, Hattiesburg, and Gulfport, Mississippi.7

On August 26, the Jackson Field Offi ce notifi ed each supervisor at its Resident Agencies to implement their hurricane

plans.8 This required installing hurricane shutters, securing vehicles, bagging computers and equipment, and locking the

safes. Authorized personnel on the Mississippi coast moved to the Jackson Field Offi ce.

By 6:00 p.m. on August 29, the Jackson Field Offi ce moved its traditional FBI operations to the Resident Agency in

Oxford, Mississippi.9 Also that evening, the FBI used an airplane to survey the damage to the Resident Agencies on the

coast. The Jackson Field Offi ce was able to electronically monitor the security alarms of its Resident Agencies in the

affected area. FBI personnel who remained on the coast were dispatched to the Resident Agencies and confi rmed that all

offi ces were still secure.

On August 29, after Katrina’s landfall, the Special Agent-in-Charge (SAC) of New Orleans and four other FBI agents

surveyed the damage to the New Orleans Field Offi ce.10 The roof suffered signifi cant damage, leaving sixty percent of the

top fl oor uncovered. Due to the sensitivity of documents housed in the Field Offi ce, the SAC and the four agents remained

at the building to ensure its security.

Because of the damage to the building, the SAC decided to move the New Orleans Field Division to the Louisiana State

Police (LSP) headquarters in Baton Rouge.11 An Assistant Special Agent-In-Charge (ASAC) from the New Orleans Field

Offi ce went to Baton Rouge while the New Orleans SAC stayed in New Orleans. The Operational Technology Division

398 A FAILURE OF INITIATIVE

(OTD) left Quantico, Virginia, with 16 FBI personnel to deliver communication equipment to the affected area so the New

Orleans Field Offi ce could communicate with FBI headquarters.12 FBI command vehicles — tractor trailers containing

mobile offi ces — were deployed to Baton Rouge and the Jackson Field Offi ce.13

Within 12 hours after Hurricane Katrina subsided, the Jackson Field Offi ce was in contact with all of its personnel.14 On

August 30, OTD dispatched a mobile command post to Mississippi. The Jackson ASAC participated in another airplane

survey of the area. The Jackson Field Offi ce offi ce manager left Jackson via car for the coast in order to assess damage to the

Hattiesburg Resident Agency. While the Hattiesburg building remained secure, the Pascagoula Resident Agency sustained

water damage to the ceiling, wall cavities, and carpet. The offi ce was able to secure a temporary facility through the Navy

free of charge. The Gulfport Resident Agency sustained similar water damage. The offi ce was located on the top fl oor of a

building and the attic of the building fl ooded. The FBI was able to work with government contractors to clean the offi ce,

and it was habitable by October 1.

The same day, Jackson Field Offi ce personnel met with several military offi cials to determine where the temporary FBI

command post should be located.15 The FBI decided on Keesler Air Force Base, as there was a hotel on the property with

showers and bathrooms. Some FBI personnel from the Jackson Field Offi ce were also Air Force reservists and they had

access to goods and services provided to Air Force employees.

On August 30, FBI headquarters offi cials put their Field Offi ces on alert that additional personnel were needed in the

affected area.16 Ten Special Weapons and Tactics (SWAT) agents from the Houston Division were deployed to New Orleans

to assist the New Orleans Police Department (NOPD) SWAT.17 The agents from Houston brought a boat that enabled

them to transport personnel and supplies. The FBI SWAT agents relieved the New Orleans SAC and agents who had stayed

to secure the New Orleans Field Offi ce.

FBI personnel and equipment from Critical Incident Response Group (CIRG) and OTD arrived on August 31 in Baton

Rouge and established a Command Post in Baton Rouge at the LSP headquarters.18 Among the equipment were tents that

FBI personnel used as shelter at the Command Post.19

By 2:00 a.m. on August 31, the FBI Command Post at Keesler Air Force Base was operational.20 FBI agents from the

Mobile and Miami Field Offi ces were deployed to work there. These agents assisted with health, safety, and welfare checks

on other agents and citizens in the area. FBI sent employee assistance personnel, most of whom had crisis management

backgrounds, to work with agents’ family members. The fi rst agents on the scene stayed the fi rst week after the hurricane.

After that, additional agents began rotating into the area. The second week, agents were deployed from FBI Headquarters

to the Command Post. SWAT from the Little Rock Field Offi ce were used to provide security at the Command Post and the

Resident Agencies in Mississippi’s affected area.

In a fortunate coincidence, the Command Post had an FBI employee who formerly worked for FEMA.21 This employee

checked in daily with FEMA in Jackson and on the coast and the Mississippi Emergency Management Agency. The

Command Post also communicated with the Mississippi Bureau of Criminal Investigations, the Mississippi Highway

Patrol, and the Homeland Security Director for Mississippi, who was also the former FBI Jackson Field Offi ce SAC. The

agents at the Command Post worked with local police and sheriffs to respond to requests for assistance.

On September 1, CIRG deployed agents from the Dallas, Atlanta, Baltimore, and Houston SWAT teams and Hostage

Rescue Teams to continue to help NOPD control the affected area.22 The FBI was able to create a Virtual Command Center

for the Law Enforcement On-Line Internet site.23 All law enforcement nationwide were able to log onto the website and

receive daily situation reports regarding FBI relief efforts.24

The FBI established a Tactical Operations Center (TOC) in Sorrento, Louisiana on September 4.25 Kenneth Kaiser, the

Boston SAC, was deployed to Sorrento to oversee the TOC.

On September 3, the Laboratory Disaster Squad and the CJIS Fly Teams were deployed to St. Gabriel, Louisiana to

assist with FEMA’s National Disaster Medical System Center’s Disaster Mortuary Operational Response Team (DMORT).26

LSP, the National Guard, and local police were delivering deceased victims of the storm to St. Gabriel.27 The DMORT

A FAILURE OF INITIATIVE 399

was responsible for the handling of the bodies. The Fly Teams and the FBI’s Evidence Recovery Teams worked together

to submit the victims’ fi ngerprints electronically to CJIS and the Integrated Automated Fingerprint Identifi cation System

(IAFIS) to search for identifying fi ngerprint matches.28 In total, 750 unidentifi ed bodies were brought to the DMORT and

112-115 bodies were identifi ed using IAFIS.29

Also on September 3, a fi nance employee was sent from FBI headquarters to the FBI Command Post at Keesler Air Force

Base.30 This enabled the agents in Mississippi to purchase gas from the Air Force. By September 4, all FBI personnel living

in the affected area of Louisiana were located.31

On September 5, CJIS Fly Teams helped FEMA fi ngerprint potential contractors for the Hurricane response.32 This took

place in Orlando and consisted of fi ngerprinting technology that identifi ed if contracting applicants had criminal histories.

The FBI and FEMA fi ngerprinted 2,900 potential contractors, detecting 458 criminal histories.

The FBI continued to deploy and assign personnel to assist state and local police.33 The Violent Gang Task Force from

the New Orleans Division worked out of the Gretna Police Department. Over 30 more agents coordinated with NOPD to

back up NOPD SWAT, FBI SWAT, and HRT Special Agents. The FBI’s Rapid Deployment Teams were sent to crisis sites to

assist with administrative issues.

The FBI also utilized its air assets in responding to Hurricane Katrina.34 They fl ew daily helicopter fl ights moving law

enforcement personnel, equipment, supplies, and evacuees.35 In addition, the FBI fl ew 12 missions utilizing its fi xed wing

assets for moving FBI personnel and equipment from Washington, D.C. to New Orleans and Jackson.36 There were 1,200

FBI employees involved.37 Seven hundred were deployed to the New Orleans area.

The Bureau of Alcohol, Tobacco, Firearms and Explosives secured buildings containing fi rearms, located and inspected all federal fi rearms and explosive licensees, recovered lost and stolen fi rearms, and disman- tled explosives in the New Orleans area

Following the hurricane, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) established a Critical Incident

Management Response Team (CIMRT). The CIMRT coordinates ATF’s law enforcement operations and ensures that ATF

continues its primary law enforcement missions. ATF located and secured buildings containing fi rearms, conducted

inspections to ensure the safety of all individuals licensed to use fi rearms and explosives, worked to match stolen or lost

fi rearms with their rightful owners, and dismantled explosives in New Orleans.

ATF’s mission is to “conduct criminal investigations, regulate the fi rearms and explosives industries, and assist other law

enforcement agencies.”38 This mission is in place so ATF’s work can “prevent terrorism, reduce violent crime and to protect

the public in a manner that is faithful to the Constitution and the laws of the United States.” ATF’s authority to respond to

domestic emergencies is found in the Gun Control Act of 1968, the National Firearms Act, the Arms Export Control Act,

and the Federal Explosives Laws.39

ATF’s involvement in the preparation for Hurricane Katrina began on August 23.40 Throughout that week, ATF

headquarters in Washington, D.C. coordinated with its Houston, New Orleans (which includes the entire states of

Louisiana and Mississippi), Nashville (which includes the state of Alabama), Tampa, and Miami Field Divisions to prepare

for Katrina’s landfall in Florida and the Gulf coast.41 On August 25 and 26, ATF headquarters ordered the evacuation

of ATF personnel in New Orleans and Mississippi, the New Orleans Special Agent in Charge (SAC) pre-identifi ed those

persons who were staying in the area, and those evacuating were instructed to call their immediate supervisor after the

storm.42

On August 29, as Katrina made landfall, ATF headquarters began notifying the Field Divisions closest to New Orleans

that assistance was needed.43 These Field Divisions were asked to identify resources and personnel to be detailed to the

affected area. Within eight hours, ATF identifi ed the Nashville, Houston, and Dallas Field Divisions as those to detail

personnel.44

400 A FAILURE OF INITIATIVE

On August 30, ATF personnel located in the affected area worked to assess the damage to ATF facilities on the Gulf

coast.45 The fi rst fl oor of ATF’s Biloxi Field Offi ce was destroyed and the second fl oor sustained signifi cant damage. The

New Orleans Division Offi ce, located on the fi fth fl oor of an offi ce building, was fl ooded when the levies broke.46

Due to signifi cant damage to the ATF’s facilities, a Continuity of Operations (COOP) site in Mandeville, Louisiana

was activated on August 30.47 The New Orleans Division Offi ce was relocated to Shreveport, Louisiana to resume its

responsibilities over the states of Louisiana and Mississippi.48 The Biloxi Field Offi ce was relocated behind the Harrison

County Sheriff’s Department building to a public safety compound.49

ATF also established CIMRT in Baton Rouge.50 A CIMRT is established at or near an incident to conduct on-scene

management, coordinate the law enforcement operations, and ensure that ATF continues its primary law enforcement

mission.51 Two Assistant Special Agents-In-Charge were responsible for CIMRT.

On August 30, ATF began contacting each ATF employee residing in the affected area.52 In addition, a Critical Incident

Management Support Team (CIMST) was created at ATF headquarters.53 A CIMST serves as the point of contact for CIMRT

at headquarters, coordinating large procurements of supplies and equipment, and lending technical support. One of ATF’s

three Deputy Assistant Directors for Field Operations was in command of CIMST.54 CIMST quickly began evaluating the

needs on the coast.55 All ATF personnel detailed to the affected area were instructed to bring enough food and water for a

week and to be prepared to sleep in their cars, in the event food and shelter did not reach the coast prior to their arrival.

Simultaneously on August 30, ATF headquarters formed the Emergency Management Working Group (EMWG).56 The

EMWG was tasked with handling non-law enforcement logistical needs arising out of the hurricane.57 The EMWG was

staffed with ATF support and COOP staff who worked on administrative issues, such as payroll, and coordinated with the

U.S. General Services Administration regarding building space.58 The EMWG held daily teleconferences with ATF stations

on the coast to assess the resource needs for personnel.59

On August 31, ATF Field Divisions in Atlanta, Dallas, and Miami dispatched their Command and Control vehicles to

Algiers and Mandeville, Louisiana and Biloxi, Mississippi.60 These are large Winnebago-style vehicles that hold mobile

command posts, work stations, and offi ce equipment, allowing ATF personnel to conduct meetings and maintain

communications.61 Also on August 31, CIMST became a twenty-four-hour-a-day, seven-day-a-week operation at ATF

headquarters.62

An assessment of ATF’s Mobile fi eld offi ce was received on September 1.63 The fi eld offi ce’s fi rst fl oor was fl ooded.64 On

September 3, the Mobile fi eld offi ce and personnel were moved to Brookley Air Force Base, an inactive base in the Mobile

area.65

The fi rst group of ATF personnel detailed to the affected area arrived on Friday, September 2.66 Thirty-four members

of Special Response Teams (SRT) from the Dallas and Detroit Field Offi ces and seven SRT support staff were deployed to

Algiers. SRT are tactical teams specifi cally trained to handle high risk law enforcement and civil unrest.67 The SRT members

were sent to New Orleans to assist the NOPD, whose SWAT teams were down to 25 percent capacity. ATF set up a Tactical

Operations Command Post with satellite communications in the parking lot of a post offi ce in Algiers and SRT members

slept in the building.68 The NOPD was stationed at a school across the street from the post offi ce.69 The close proximity

enabled SRT and NOPD to coordinate their efforts.

On September 3, ATF helped the U.S. Department of Justice (DOJ) establish a detention center at the Greyhound Bus

Station in downtown New Orleans.70 The detention center was created to house individuals arrested for crimes committed

after the hurricane. ATF also provided security for the Assistant United States Attorneys assigned to the detention center.71

The detention facility was supported by staff from the Angola State Prison in Louisiana and the United States Attorney’s

Offi ce.72 The facility, which processed state and federal arrests, contained holding cells where arrestees stayed for

approximately 24 hours prior to being transported to Baton Rouge.73

Throughout the week, ATF continued to operate out of the COOP facility in Mandeville and CIMRT in Baton Rouge.74

ATF support staff worked to establish communications and information technology support at CIMRT, as well as locating

needed furniture and equipment.75 By September 7, CIMRT was fully operational.

A FAILURE OF INITIATIVE 401

On September 6 and 7, 10 ATF agents were deployed to Biloxi, and 30 ATF agents were deployed to Gulfport.76 These

agents performed investigative roles, as well as assisting local police with fi rearms-related calls.77 No federal arrests were

made in Mississippi by ATF agents.78

On September 6, the Law Enforcement Coordination Center in Baton Rouge assigned ATF with enforcement activity in

the 1st and 8th police districts in the city of New Orleans.79 ATF also assisted the NOPD in New Orleans 6th district.

Throughout the period immediately following Katrina’s landfall, ATF was tasked with carrying out its mission, as well as

supporting state and local law enforcement.80 ATF instructed law enforcement personnel to locate and secure all buildings

containing fi rearms. ATF began to locate and conduct inspections to ensure the safety of all federal fi rearm and explosive

licensees. Due to the voluminous amount of fi rearms recovered during the week of August 30, ATF began the task of

matching up stolen or lost fi rearms with their legal owners. This process continues into 2006.

During search and rescue missions, law enforcement personnel discovered pipe bombs in some New Orleans homes.81

As a result, six Explosive Enforcement Offi cers were deployed to the city on September 12.82 The same day, ATF agents

secured a Federal search warrant for the residences so that offi cers could dismantle the explosives.

In the month of September, ATF assisted with 600 missions to reduce violent crimes and enforce fi rearms laws.83 Ten

individuals were arrested for violating federal fi rearms laws.84 During the course of searching for missing ATF personnel,

ATF offi cers rescued 26 people.85 In total, 301 ATF agents and support staff were deployed to the area affected by Hurricane

Katrina.86

The Drug Enforcement Administration provided Mobile Enforcement Teams to assist with violent missions, and the Offi ce of Diversion Control made exceptions for evacuees to receive prescription medications from neighboring states and established mobile replacement pharmacies

The Drug Enforcement Administration (DEA) performed law enforcement functions and helped resolve prescription

medication issues arising from Hurricane Katrina. The DEA deployed Mobile Enforcement Teams (MET) — teams trained

to specialize in violent missions — from throughout the country. In addition, DEA’s Offi ce of Diversion Control worked

with the Boards of Pharmacy in affected and neighboring states to ensure that hurricane victims could receive refi lls on

current prescription medication. The DEA also worked with major chain pharmacies to establish mobile replacement

pharmacies for displaced individuals in need of medication.

DEA is charged with enforcing the nation’s narcotics laws.87 DEA derives its authority from the Controlled Substances

Act.88 The mission of DEA

is to enforce the controlled substances laws and regulations of the United States and bring to the criminal

and civil justice system of the United States, or any other competent jurisdiction, those organizations and

principal members of organizations, involved in the growing, manufacture, or distribution of controlled

substances appearing in or destined for illicit traffi c in the United States; and to recommend and support

non-enforcement programs aimed at reducing the availability of illicit controlled substances on the domestic

and international markets.89

In the aftermath of Katrina, the Attorney General granted DEA additional authority to enforce all federal criminal

laws.90 The Attorney General also authorized DEA to help Louisiana state and local law enforcement offi cials enforce state

laws.91 DEA’s involvement with Hurricane Katrina began shortly before landfall.92 DEA Deputy Administrator Special

Agent Michele Leonhart was identifi ed as the “component” within the agency to implement and coordinate Katrina

response activities. Authority to discharge these responsibilities was delegated to the New Orleans Field Division Special

Agent in Charge (SAC), William Renton.

In anticipation of Katrina’s landfall, on August 26, Renton ordered the New Orleans Field Division closed.93 DEA

personnel were asked to evacuate the area.

402 A FAILURE OF INITIATIVE

The New Orleans Field Division and the Gulfport Resident Offi ce were severely damaged by the hurricane.94

Beginning immediately after the storm and continuing into Tuesday, the New Orleans Field Division began the process of

reconstituting its fi eld offi ce by accounting for and identifying the whereabouts of all Field Division personnel — some

of whom were in need of rescue.95 DEA teams were established to facilitate the rescues. In all, 63 DEA employees and

family members were rescued by DEA agents. The process of reconstituting its offi ce allows DEA to be most helpful in

undertaking other law enforcement roles and responsibilities related to the emergency at hand.96 After the New Orleans

Field Division personnel were located, DEA began assisting local law enforcement in the massive search and rescue

effort.97 Most of the Katrina-related DEA man hours were ultimately spent on search and rescue.98

On August 31, command centers were established at the Baton Rouge District Offi ce and in Mobile.99 At this time, DEA

headquarters mobilized Field Divisions from around the country, including agents from the Miami, Atlanta, St. Louis,

Dallas, and Houston divisions. These agents responded to Baton Rouge and Gulfport, Mississippi with supplies, including

food, water, chain saws, generators, tarps, ice, gasoline, satellite phones, and vehicles.

Headquarters designated the Offi ce of Aviation in Addison, Texas to serve as the Command Center for logistics

purposes, instructing fi eld divisions throughout the country to ship necessary supplies to Addison for eventual

transportation to the fi eld, principally the Baton Rouge and Gulfport areas.100 The Addison facility continued to play a key

logistics role throughout the DEA recovery effort, coordinating all transportation — including the use of seven DEA aircraft

— and supplies for the fi eld. The Command Center was staffed by 12 people from both the Offi ce of Aviation and the

Dallas Field Division, the Field Division with responsibility for the Addison Offi ce.

Flight missions were conducted to transport personnel and supplies and to survey the damage.101 Aerial photography

surveys assisted the recovery assignments taking place in the fi eld. Technical personnel were dispatched to re-establish

communication links where necessary. The Offi ce of Aviation fl ew over 280 missions with 14 pilots totaling 782 fl ight

hours, providing transportation and commodity support to local, state, and federal law enforcement throughout the

affected region.

On September 1, the New Orleans Field Division established an Operations Center in Mandeville, Louisiana at a local

high school.102 The Mandeville Operations Center coordinated the efforts of various federal, state, and local offi cials

throughout the greater New Orleans area. The Mandeville center coordinated the removal of fi rearms and sensitive items

from the New Orleans Field Offi ce.103 To assist SAC Renton, the DEA deployed Houston SAC James Craig.

Shortly after Craig’s arrival, Renton and he met with New Orleans city offi cials, including Mayor Nagin and law

enforcement offi cials to assess the law enforcement needs for the city.104 It was determined that federal law enforcement

agencies, such as DEA, FBI, and ATF, among others, would join the New Orleans Police Department (NOPD) and the

Louisiana State Police in policing the city of New Orleans.105 Each NOPD district was staffed by federal law enforcement

representatives.

From August 30 to September 12, 251 DEA Temporary Duty agents reported from Miami, Atlanta, St. Louis, Houston,

and Dallas to provide law enforcement and search and rescue support as needed.106 On September 4, DEA deployed

personnel from the Atlanta Field Division as well as the Houston Mobile Enforcement Team (MET).107 METs are self-

contained, specially trained teams of eight to twelve agents that specialize in law enforcement missions involving

violence.108 These agents were then joined by the Charlotte MET on September 5, and the Miami MET on September 7.109

The METs helped state and local departments conduct routine law enforcement tasks, including patrols and search and

rescue missions.

On September 1, it was determined the DEA would be in charge of acquiring necessary fuel for DOJ vehicles.110 SAC

Craig oversaw this effort, which involved the bulk purchase of gasoline to be utilized by all DOJ agencies during the

recovery effort. DEA also coordinated the provision of motor vehicles for law enforcement purposes in the affected area.

Working with the U.S. Marshals Service, DEA provided approximately 30 vehicles for state and local police departments.

DEA also arranged for $200,000 from its asset forfeiture budget to be provided to its fl eet management group to move

seized vehicles into offi cial use.

DEA supported the communications needs of the affected area by supplying Government Emergency Telephone System

cards, satellite phones, and other communications equipment, including the installation of Wireless Priority Service.111

A FAILURE OF INITIATIVE 403

DEA’s Offi ce of Diversion Control played an important role throughout the response to Katrina.112 The Acting Deputy

Assistant Administrator for the Offi ce of Diversion Control was identifi ed to coordinate response activities. The goal was to

maintain the availability of controlled substances for medical uses to the affected region.

On August 31, DEA Diversion Control staff convened to review previously negotiated agreements between DEA and

FEMA, as well as agreements between DEA and the Centers for Disease Control (CDC).113 These agreements facilitate

delivery of needed supplies by allowing for the waiver of certain regulations in times of emergency. DEA established

a point of contact within Diversion Control to coordinate, control and document allowances, waivers and regulatory

controls. The Diversion Control website (deadiversion.gov) was re-tooled to handle those affected by Katrina.

On September 1, DEA established contact with the Boards of Pharmacy in Louisiana, Mississippi, and Alabama, as well

as states receiving evacuees, including Florida, Texas, and Arkansas.114 The Boards of Pharmacy were told DEA was making

allowances for fi lling prescriptions upon presentation of a prescription bottle and based upon the professional judgment

of the pharmacist.

On September 2, James Crawford, the Special Assistant to the Deputy Assistant Administrator for Diversion Control,

began contacting major wholesalers to facilitate the processing of papers permitting these wholesalers to ship product

under expedited procedures.115 Throughout DEA’s Katrina response, Crawford and the Diversion Control offi ce worked to

streamline processes to ensure Katrina victims received the products they needed.

On September 6, Crawford began working directly with the major chain pharmacies, such as Rite Aid, CVS, Walgreens,

and Wal-Mart, to establish mobile replacement pharmacies and pharmacy trailers within shelter areas.116 Diversion

Control’s efforts continued through October 27, at which time the New Orleans Divisional Offi ce of Diversion Control

was reestablished.

The United States Marshals Service was responsible for protecting the Strategic National Stockpile, assisted in prisoner evacuations, accounted for and tracked federal judges in the affected area, and stood up a task force to locate violent parole and non-compliant sex offenders

The United States Marshal Service (USMS) focused on its core law enforcement missions following Katrina’s landfall

by locating and tracking federal judges in the affected area and creating a task force to locate violent parole and non-

compliant sex offenders. USMS helped the Bureau of Prisons (BOP) relocate 920 Louisiana inmates and assisted FEMA in

evacuating 3,510 individuals displaced by the hurricane. In addition, USMS helped the CDC protect the Strategic National

Stockpile.

USMS is the oldest federal law enforcement agency in the United States, established by the Judiciary Act of 1789.117

USMS is responsible for judicial and witness security, fugitive investigations, the transportation of prisoners and criminal

aliens, asset forfeiture, federal service of process and prisoner services.118

On August 29, the Assistant Director for the USMS Operations Support Division (“Assistant Director”) activated the

USMS Emergency Operations Center (EOC) in Washington, D.C. in preparation for Hurricane Katrina.119 The Assistant

Director also placed four Operational Management Teams (OMT) and 33 USMS Inspectors, assigned to secure the Strategic

National Stockpile, on standby.120 CDC’s Strategic National Stockpile contains large quantities of medicine and medical

supplies to protect the United States in case a public emergency might result in the loss of local supplies.121

Following Katrina’s landfall, USMS began accounting for USMS personnel. OMT worked with the Louisiana,

Mississippi, and Alabama district offi ces to account for them.122 Three Operational Medical Personnel were deployed to

the coast of Mississippi and New Orleans to assist USMS personnel. Command posts were created by OMT at the Special

Operations Group (SOG) Tactical Center at Camp Beauregard in Pineville, Louisiana, and at the District Offi ce in Jackson,

Mississippi.

Also on August 30, the Technical Operations Group Air Support Unit deployed six personnel, along with surveillance

planes, which were used to assess the damage to the USMS facilities in New Orleans.123 The federal court houses in New

Orleans and Gulfport and Hattiesburg, Mississippi were damaged.124 The Witness Security and Prisoner Operations

Division (WPD) and Marshals from the Middle District of Louisiana Offi ce helped the Orleans Parish evacuate prisoners

404 A FAILURE OF INITIATIVE

to other Louisiana Department of Corrections facilities.125 WPD and BOP relocated all USMS prisoners and assisted in

inmate removal from the Saint Charles Parish Jail.126

On the same date, the Assistant Director deployed 10 members of the OMT to New Orleans and southern Mississippi to

relieve district management.127 Marshals were deployed to Mississippi and New Orleans to protect the Strategic National

Stockpile.

While USMS’ response to Hurricane Katrina was ongoing, USMS’ original mission continued.128 Marshals in Louisiana

and Mississippi worked with the United States Attorneys for the districts affected by the hurricane to ensure that judicial

operations continued. USMS accounted for and tracked all federal judges in the affected area.

On August 31, the EOC received a FEMA request for USMS to provide security to the BellSouth facility in New

Orleans.129 According to USMS, the facility was designated by the Department of Homeland Security as a critical

infrastructure.130 This request was received through Emergency Support Function # 2 — Communications.131 The following

day, the Department of Justice authorized the mission and Deputy United States Marshals (DUSM) were deployed from

the Western Louisiana district to secure the facility.132

On September 1, USMS increased staff at the EOC to 18, and the center remained open 24 hours a day, seven days a

week.133 The Assistant Director placed approximately 50 Marshals and trainees at the USMS Training Academy in Glynco,

Georgia on standby. Five Marshals from the academy were deployed to provide security at the Biloxi Airport.

The same day, FEMA requested Justice Prisoner and Alien Transportation System (JPATS) aid with evacuating

Katrina victims.134 JPATS began the process of relocating evacuees. From September 1 through 9, JPATS evacuated 3,510

individuals.135 JPATS also assisted BOP with the relocation of 920 Louisiana inmates to United States Penitentiary

Coleman-II in Florida.136

Also on September 1, the Attorney General authorized USMS to use previously seized assets to assist in operations.137

Seized vehicles were immediately deployed for use by state and local entities. USMS had possession of a convention center

in Montgomery, Alabama, which they turned over to the state to house evacuees.138

On September 2, CDC requested and received additional Marshals to protect a $5 million movement of the Strategic

National Stockpile.139 FEMA requested security for the FEMA Strike Teams. USMS responded with 16 Marshals. Twenty-

four SOG Marshals, USMS tactical teams, were deployed to the SOG Tactical Center to assist with tactical missions.

USMS continued to supplement its personnel on September 3 by sending four additional Marshals from the academy

to provide security of the Biloxi Airport’s control tower and surrounding areas and deploying an additional 10 operational

personnel to secure the Strategic National Stockpile.140 In addition, seven personnel were sent to the National Aeronautics

and Space Administration’s Stennis Space Center in southern Mississippi to protect FEMA supply trailers there.141 Twenty

DUSMs were deployed to FEMA’s Joint Operations Center in Baton Rouge, Louisiana.

On September 4, it became necessary to send 10 additional DUSMs to Stennis Space Center after reports were received

that a FEMA truck was stolen.142 The DUSMs stayed for one day to provide security. USMS deployed to Camp Shelby,

Mississippi to secure FEMA relief supplies and convoys.143

USMS supported (NOPD) by working with the 1st and 5th districts in New Orleans and responded to backlogged 911

calls.144 In addition, USMS redirected NOPD National Crime Information Center traffi c to the USMS Communications

Center. USMS created a task force responsible for locating violent parole and non-compliant sex offenders who were

unaccounted for following the hurricane.

USMS deployed more personnel to Mississippi on September 5 to assist local police and sheriff departments.145 They

provided security for 11 search and rescue teams, operated a missing person task force and a task force to locate sex

offenders, and protected the Mississippi fuel depot in Collins.

A total of 1,039 USMS were deputized as law enforcement offi cers to respond to Hurricane Katrina.146

A FAILURE OF INITIATIVE 405

U.S. Immigration and Customs Enforcement provided Special Response Teams for tactical missions, assisted with thousands of 911 calls, and the Federal Protective Service inspected and secured federal buildings in New Orleans

Immediately following Katrina’s landfall, the Federal Protective Service (FPS), part of U.S. Immigration and Customs

Enforcement (ICE) began providing protection to federal buildings by searching and securing those buildings in New Orleans

and the surrounding areas. ICE bolstered the hurricane response by providing Special Response Teams to work with the New

Orleans Police Department’s (NOPD) Special Weapons and Tactics (SWAT) teams on tactical missions. ICE also worked with

law enforcement to follow up on thousands of 911 calls that were unanswered during and following the storm.

ICE is a part of the Border and Transportation Security Directorate at DHS.147 ICE is the largest investigative arm of

DHS and its mission is to “prevent acts of terrorism by targeting the people, money, and materials that support terrorist

and criminal activities.” In addition, ICE is “responsible for identifying and shutting down vulnerabilities in the nation’s

border, economic, transportation and infrastructure security.”

At the time of Hurricane Katrina, FPS and the Federal Air Marshal Service were both under ICE’s jurisdiction.148 A long-

standing Memorandum of Understanding (MOU) between FPS and FEMA designates FPS as the protective detail for FEMA

personnel when responding to emergencies.149 As a result of this MOU, ICE pre-deployed 30 FPS personnel in eastern

Texas, outside of Dallas, prior to Hurricane Katrina’s landfall.150 They were able to move into the affected area the day

following the hurricane and assist FEMA responders with food and fuel needs. In addition, FPS is tasked with protecting

federal buildings.151 On August 29, FPS began surveying the damage to federal buildings in Louisiana, as well as helping

the NOPD with looters and disorderly conduct.152

The U.S. District Court and the Hale Boggs Federal Building, in New Orleans, were searched on August 30.153 The

buildings had minimal storm damage. However the entrance doors, which are accessed with card readers, were open due

to the power outage, so the doors were secured with chains and locks. FPS implemented around the clock high visibility

patrols for the buildings.

The F.E. Hebert Federal Building and the J.M. Wisdom Courthouse, in New Orleans, were searched on August 30.154 FPS

found no storm damage or security breaches to either building. Around the clock, high visibility patrols were initiated for

these buildings, as well.

Also on August 30, FPS searched the U.S. Customs and Border Protection (CBP) Custom House.155 There was water

damage from the ceiling and two CBP employees were located inside the building. The entrance door was open due to

the power outage affecting the card reader. As a result of an inability to secure the building, FPS posted offi cers inside for

security. High visibility patrols were also implemented around the clock.

The Texaco Center, which houses staff for the U.S. Attorney’s Offi ce, and the Social Security Administration (SSA)

Westbank, in Gretna, Louisiana, both General Services Administration (GSA) leased buildings were surveyed on August

30.156 Neither building had breaches in security or external damage as a result of the storm. Both buildings were added

to FPS’ daily patrols. A GSA leased building at 1515 Poydras Street, which housed the SSA was unable to be searched on

August 30, as the fl ood level surrounding the building was too high.

On August 31, FPS searched the Federal Supply Service Depot Warehouse 2 in Harahan, Louisiana. FPS found no

security breech and no storm damage.157 The building was placed on FPS’ daily patrol. Five other GSA leased federal

buildings were also checked for breeches and damage and were placed on FPS’ daily patrol.

None of the ICE offi ces in Alabama was affected by Hurricane Katrina.158 The ICE Gulfport offi ce sustained no major

damage and was equipped with back up generators.159 ICE utilized the Gulfport offi ce to provide assistance to ICE

employees affected by the hurricane. Immediately following landfall, the San Antonio, Houston, Miami, and Tampa offi ces

coordinated sending supplies in tractor trailers to ICE’s Gulfport offi ce, which was made a staging site. ICE was able to

support hurricane victims and other federal law enforcement entities, like CBP and Border Patrol, by providing water, food,

MREs, generators, fuel, and personal items, like diapers.

406 A FAILURE OF INITIATIVE

In Mississippi, ICE agents and logistical teams worked with county sheriffs and city police forces by assisting patrols,

rescues, and searches.160 ICE helped the Mississippi Highway Patrol in the six southern counties of the state discourage

crime by increasing the profi le of law enforcement presence.161

From landfall until September 2, the ICE New Orleans fi eld offi ce worked on accounting for ICE personnel assigned to

the New Orleans, Lake Charles, Lafayette, Baton Rouge, and Gulfport offi ces and obtaining the needed supplies to restore

operations and respond to the hurricane.162 On September 2, ICE’s New Orleans Special Agent-In-Charge (SAC), Michael

Holt, contacted the New Orleans mayor and the chief of NOPD to offer ICE assistance. That day, a meeting was held

with SAC Holt, the mayor’s offi ce, the chief of police, and members of the city council. ICE agreed to support local law

enforcement in New Orleans’ 4th District, which is located on the west bank of the city on the Mississippi River. The 4th

District was still populated at this time, as it had not taken on water. SAC Holt stated that both the mayor and the chief of

police welcomed ICE’s offer for assistance.

ICE was able to assist the NOPD with tactical teams.163 The New Orleans Special Response Team (SRT) was on site in

the city on September 1. SRT teams from Chicago and San Antonio, consisting of 12 to 18 members, arrived the afternoon

and evening on September 2. By midnight of September 2, there were over 100 ICE agents in New Orleans preparing to

assist in the response to the hurricane.

The SRT teams were stationed in Kenner, Louisiana at a Louisiana State Trooper post.164 The Kenner Police Department

allowed the ICE agents to sleep in their jail. The agents slept on cots and were fed at a Kenner church.

SAC Holt stated no major violence or unrest was ongoing when ICE SRT began to coordinate with NOPD SWAT.165

Throughout the week, ICE agents were tasked with patrols and shifts with local law enforcement, worked to curtail looting,

assisted with evacuations, and followed up on the approximately 6,000 911 calls made during and after the hurricane.

ICE’s Tampa Field Offi ce provided three infl atable Zodiac boats that helped ICE personnel assist with transportation for

fi re departments and medical personnel and respond to rescue calls.

On September 3, ICE operations moved to the lobby of the Sheraton Hotel in New Orleans.166 NOPD was also housed

at the Sheraton.

At the daily law enforcement meetings at the Harrah’s Casino in downtown New Orleans, ICE agreed to also assist in

New Orleans’ 8th District.167 Much of the 8th District was still under water and included the business district and French

Quarter. As the National Guard had a heavy presence in the French Quarter, ICE restricted its mission to the parts of the

8th District outside of the French Quarter.

Throughout the response to Hurricane Katrina, SAC Holt had limited interaction with Governor Blanco’s offi ce.168

Coordination between ICE and locals was primarily handled with a colonel of the Louisiana State Police, and the NOPD

chief of police. SAC Holt stated that he had a very good relationship with the Mayor and the leadership of state and local

police.

As of December 2, ICE agents had made 234 arrests in Louisiana and over 150 arrests in Mississippi in response to

Hurricane Katrina.169 ICE’s mission to support the NOPD and re-establish stability and safety to the city of New Orleans

continued through December 23.

The U.S. Customs and Border Protection established a Forward Deployed Operations Command Center to coordinate all personnel movements, coordinated the entrance of relief supplies from foreign countries, secured the Louisiana State University Hospital, and its Air and Marine Branch served as air traffi c control for the Federal Aviation Administration

On September 1, the U.S. Customs and Border Protection (CBP) utilized a CBP Air hanger in Hammond, Louisiana to

house a Forward Deployed Operations Command Center (FDOCC) to ensure that all CBP movements, law enforcement

and customs related, were coordinated. The FDOCC monitored CBP Air as it served as the air traffi c control over the

affected area, while FAA worked to restore its communication capabilities. CBP offi cers helped to secure the Louisiana State

University Hospital and facilitated an expedited entry of relief supplies from foreign countries.

A FAILURE OF INITIATIVE 407

CBP is the “unifi ed border agency within the Department of Homeland Security.”170 CBP includes legacy U.S. Customs,

legacy U.S. Immigration, and the U.S. Border Patrol. CBP’s mission is to prevent “terrorists and terrorist weapons from

entering the United States, while also facilitating the fl ow of legitimate trade and travel.”

In preparation for Hurricane Katrina, the ports of Mobile and New Orleans activated their hurricane preparedness plans

on August 26.171 On August 27, the Hammond Air and Marine branch in Louisiana activated its hurricane evacuation

plan by moving CBP air assets to Shreveport, Louisiana, and Dallas.172 The same day, New Orleans Field Offi ce’s Mission

Critical Team (MCT) left New Orleans for Shreveport, Louisiana.173 On August 28, the Special Operations Division of the

Offi ce of Border Patrol began plans to deploy 100 agents to the gulf coast.174 The Miami and Tampa Field Offi ces deployed

relief teams to Panama City, Florida and the Atlanta and Houston Field Offi ces placed relief teams on stand by on August

29.175 The same day the New Orleans Field Offi ce’s MCT began to locate all CBP personnel living in the affected area.176

On the morning of August 30, the Border Patrol’s Tactical Unit’s (BORTAC) pre-deployment site survey team left for the

affected area, after a request to assist in evacuating the Superdome and for riot control.177 However, the agents also worked

other law enforcement functions and relief operations, such as distributing water, assisting with minor medical care, and

helping evacuees onto buses and helicopters.178

On August 31, in coordination with the Coast Guard, CBP Air deployed its Mobile Air Command Center.179 The

Command Center was responsible for providing all radar and communications in the affected area. In addition, CBP Air’s

director became the FEMA Regional Air Coordinator. Also on August 31, CBP deployed liaison offi cers from its Offi ce of

Anti-Terrorism to work out of FEMA Headquarters. The MCT moved to Memphis, Tennessee to continue operations in a

location not affected by Katrina.180

Between August 31 and September 12, CBP Air fl ew over 315 missions, accounting for 1,208 fl ight hours.181 Due to

downed systems, the Federal Aviation Administration (FAA) lost its ability to track and control air traffi c in the area. From

August 31 to September 8, CBP Air, based out of the Air and Marine Operations Center in Riverside, CA provided air traffi c

control in place of the FAA and served as an airborne repeater for critical law enforcement communications. During this

time, CBP Air accounted for the entry of 1,608 rotary and fi xed-wing aircraft into the area of operations. CBP Air also

assisted in humanitarian missions, providing water, food, and other essential supplies.

Border Patrol had 100 agents, along with CBP vehicles, emergency equipment, and lifesaving supplies, in Louisiana

by September 1.182 On the same day, CBP’s Deputy Assistant Commissioner for Field Operations, William S. Heffelfi nger

III, traveled to Louisiana to meet with CBP’s Offi ce of Field Operations (OFO) personnel in New Orleans. During this

meeting, the decision was made to place a FDOCC in Hammond, Louisiana.183 FDOCC utilized the airport hanger at

CBP’s Air and Marine Branch facility in Hammond.184 The hanger was built to withstand 200 mile per hour wind gusts.185

Heffelfi nger was designated as the Commanding Offi cer for the FDOCC, by then-CBP Commissioner Robert Bonner.186

The FDOCC was responsible for coordinating the CBP movements in the affected area, including BORTAC, Border Patrol

Search Trauma and Rescue (BORSTAR), CBP offi cers, Border Patrol Agents, Human Resources Management, and marine

and air assets.187

Within 36 hours, CBP had 40 computer terminals tracking all CBP missions. FDOCC used a map of Louisiana to

pinpoint each CBP mission.188 This information was sent to headquarters each day, along with a daily situation report

for the commissioner. The FDOCC held daily 9:00 a.m. meetings that included individuals from CBP air, operations,

procurement, information technology, and logistics and fi nance. Heffelfi nger then communicated CBP’s daily missions to

headquarters during a noon conference call each day.

On September 2, Border Patrol agents were sent to provide security at the Louisiana State University Hospital, which

served as the regional triage center.189 Border Patrol agents were also deployed to the New Orleans Airport to assist with

crowd control and security, and the decision was made to have BORSTAR accompany all CBP Air fl ights.

Also on September 2, OFO notifi ed three hundred CBP Offi cers throughout the country that they were to be deployed

to the FDOCC.190 One hundred offi cers deployed to FDOCC on both September 3 and 4. The CBP offi cers who arrived on

September 3, were responsible for reestablishing CBP operations and assisting CBP personnel living in the affected area.

On the same day, 169 generators arrived at FDOCC from the Atlanta and Miami Field Offi ces. 191 CBP began to coordinate

with FEMA on the arrival of 18-20 cruise ships.192

408 A FAILURE OF INITIATIVE

By September 4, all CBP employees were located.193 There were 458 CBP employees affected by Hurricane Katrina.194

Seventy percent suffered property damage and 15 percent lost their homes.

After Katrina’s landfall, CBP was unable to utilize the New Orleans Customs House, due to hurricane damage.195

CBP offi cers, Border Patrol agents, and a Rapid Response Team from the Houston Field Offi ce were deployed to secure

the Customs House, as the House contained a safe and a variety of contraband.196 On September 5, CBP reopened the

Customs House for CBP specifi c operations.197 Also on September 5, CBP provided protection for workers in a high crime

area who were responsible for repairing a gas line. In addition, the LECC assigned teams from CBP to work with the

NOPD precinct captains in the 2nd and 5th districts, along with the U.S. Army’s 82nd Airborne Division.

CBP worked with the FBI to stand up the morgue in St. Gabriele, Louisiana and 12 CBP offi cers took charge of the

morgue’s security on September 7.198 Throughout the end of the week and weekend, CBP worked to clear relief supplies

arriving from other countries.199 A relief convoy arrived from Mexico on September 8 and relief supplies from Canada and

Thailand arrived on September 10.200

On September 11, CBP placed another 250 CBP Offi cers and 100 Border Patrol agents on stand by.201 $2.2 million

in goods previously seized by CBP were delivered to the Red Cross and the Texas Methodist Church. The goods were

primarily counterfeit clothes and shoes confi scated during routine CBP missions.202

The number of CBP personnel deployed to the area affected by Hurricane Katrina peaked at 688 on September 9.203

CBP personnel remained at this number until September 13. During its 36-day response to Hurricane Katrina, CBP

performed 1,428 law enforcement and humanitarian missions.204

The Federal Air Marshal Service established security and oversaw the reopening of the Louis Armstrong New Orleans International Airport, adhered to their primary mission by fl ying on 165 outbound fl ights containing evacuees, and screened approximately 25,000 evacuees prior to fl ights

The Federal Air Marshal Service (FAMS) played an important, even heroic role in the federal government’s response to

Hurricane Katrina. Securing the airport and transitioning it from a chaotic shelter of last resort back to a functioning

airport is one of the success stories of Katrina. At end, FAMS covered approximately 165 outbound fl ights, carrying nearly

25,000 evacuees on almost every type of fl ight: commercial, charter, military and other government agency-operated

aircraft.205 In the process of screening these 25,000 evacuees, FAMS confi scated an enormous amount of weapons and

ammunition — 68 fi rearms, 1,528 rounds of ammunition, 198 knives and machetes, several ballistic vests, and one Taser.

This was accomplished without any apparent decrease in FAMS nationwide primary mission.206

A component of DHS’ Transportation Security Administration (TSA), FAMS is responsible for the security of our

nation’s civilian aircraft.207 FAMS’ mission “is to be responsible for and protect air security and promote public confi dence

in our nation’s civil aviation system through the effective deployment of air marshals in order to detect, deter and defeat

hostile acts targeting U.S. air carriers, airports, passengers and crews.”208 At the time of the hurricane, the Director of FAMS

was Thomas D. Quinn.209 Director Quinn reported to Edmund S. “Kip” Hawley, Assistant Secretary of Homeland Security

for TSA.210

FAMS’ involvement with Hurricane Katrina began during the week of August 21, the week before Katrina made

landfall.211 As part of its normal operating procedures, FAMS was preparing for disruptions in fl ight coverage due to the

impending severe weather conditions.212 A day after Katrina made landfall, on August 30, FAMS was advised through TSA

of deteriorating conditions at Louis Armstrong New Orleans International Airport.213 The airport was starting to receive

evacuees and was therefore becoming a shelter. On August 31, TSA’s Federal Security Director for the airport, Michael

Robinson, advised senior leadership at TSA that displaced victims of the Hurricane, including relocated hospital patients,

were evacuating to the airport in signifi cant numbers.214 In response to these developments, FAMS sent personnel —

drawing from FAMS’ Houston Field Offi ce — to the airport to assist the FSD as necessary.215

On September 1, as the effects of Katrina continued to mount, Director Quinn ordered the “stand-up” of the Katrina

Crisis Incident Management Group (CIMG) for 24-hour oversight of the situation.216 The CIMG, co-located with FAMS’

A FAILURE OF INITIATIVE 409

Mission Operations Center in Herndon, Virginia, is led by FAMS’ Offi ce of Flight Operations, and receives support from

staff of other directorates. During FAMS’ Katrina response, the CIMG was charged with identifying deployable personnel,

ensuring suffi cient assets and resources for the airport to enable onsite managers to fulfi ll their missions, and coordinating

with FAMS’ Director’s staff, TSA, FEMA, and others to provide a common operating strategy for evacuation operations.

Conditions at the airport continued to deteriorate as thousands of displaced persons sought refuge there.217 The airport,

however, was not prepared to be a shelter. There was no food, water, restroom facilities, or security. Consequently, when

FAMS personnel began to arrive, they needed to help restore order.218 By the late evening on September 1, FAMS began

initial deployment, including 54 from the Houston Field Offi ce, arriving by car. Also by late evening, evacuation fl ights out

of the airport were fully operational.

By Friday, September 2, the CIMG authorized FAMS personnel at the airport to expand their mission to include interim

law enforcement activities as well as all necessary activities to operate the airport.219 Personnel ramp-ups continued and

reached 215 FAMS by day’s end.220 By Saturday, September 3, evacuation fl ights were in full swing and FAMS personnel

levels reached 508.

On Sunday, September 4, FAMS began rotating its personnel out of the airport and relieved them with marshals from

fi eld offi ces around the country.221 It was on Sunday, also, that FAMS received reinforcements from command offi cers of

the U.S. Army’s 82nd Airborne Division as well as personnel from the U.S. Forestry Service. With the additional manpower,

FAMS and the 82nd Airborne established a Joint Information Operations Center (JIOC) at the airport complete with a

telephone bank/call center, laptops, internet connectivity, and other technical gear that permitted the JIOC to function as a

command center.

The JIOC allowed FAMS to communicate with headquarters and throughout the region.222 As the JIOC became fully

operational, it permitted FAMS personnel to channel requests for help to the JIOC for tasking, most of which involved

alerting the Jefferson Parish Sheriff’s Department. As the JIOC evolved over time, FAMS’ involvement decreased, permitting

the 82nd Airborne to take the lead role in staffi ng this function.

FAMS’ staffi ng ramped down starting Monday, September 5 going from 499 on the 4th to 196 on the 5th.223 This

number dropped to 111 on September 11.

The United States Secret Service provided protection to the President, Vice President, and other protectees traveling to the affected area and was responsible for securing the credentialing process for the New Orleans Police Department and other state and federal law enforcement personnel

As the President, Vice President, Mrs. Cheney and Cabinet Secretaries traveled to the New Orleans and Mississippi after the

hurricane, the United States Secret Service provided protective details. In addition to this mission, the Secret Service used

its prior expertise to assist state and local law enforcement in providing new credentials for Louisiana law enforcement

agencies.

A component of DHS, the Secret Service is charged with providing protection to the President and Vice President, their

families, heads of state, and other individuals, including some members of the President’s Cabinet.224 In addition to its

protective duties, the Secret Service also has responsibilities relating to counterfeiting and wire fraud crimes.225 The Secret

Service also plans and implements security designs for designated National Special Security Events.226

The Secret Service’s principal involvement in responding to Hurricane Katrina related to providing protection to fi ve

of its protectees during trips to the affected region.227 In addition to these standard protective missions, between August

31 and September 15, the Secret Service provided 35 employees to the region to assist in implementing Continuity of

Operations Plans for the New Orleans Field Offi ce.228 All Secret Service Field Offi ces have such contingency plans in the

event the Field Offi ce is compromised.229

Secret Service personnel were also deployed to assist the NOPD and the Louisiana State Police (LSP) with credentialing

services for state and local law enforcement in the New Orleans area.230 On September 3, the Secret Service was asked by

the New Orleans Homeland Security Director, Terry Ebbert, and the Superintendent of the LSP, Colonel Henry Whitehorn,

to take control of the credentialing process.231 Louisiana and New Orleans offi cials had, during the 2002 Super Bowl,

410 A FAILURE OF INITIATIVE

worked with the Secret Service in implementing security. Having this experience, state offi cials were aware of the Secret

Service’s capabilities.232 The 2002 Super Bowl was designated as a National Special Security Event, and accordingly,

the Secret Service was responsible for all security operations, including the production and distribution of secure

credentials. The need for secure credentials for NOPD was a primary concern, as many police offi cers had lost their offi cial

identifi cation badges during the hurricane. Likewise, with large numbers of armed law enforcement offi cials — including

offi cers from numerous states and federal agencies — deploying to New Orleans, there was a signifi cant need to establish a

uniform credentialing scheme.

The Secret Service also manned a desk at the Emergency Operations Center (EOC).233 Having a presence at the EOC

allowed the Secret Service to coordinate offi cial visits by the President and other protectees, as well as serving as a central

point of contact for credentialing questions.

The Bureau of Prisons transferred approximately 2,500 Louisiana inmates or detainees to facilities outside New Orleans and coordinated the delivery of clothing, water, and food to the affected area

The Bureau of Prisons (BOP) is “responsible for the custody and care of approximately 185,000 Federal offenders.”234

BOP “protects public safety by ensuring that Federal offenders serve their sentences of imprisonment in facilities that are

safe, humane, cost-effi cient, and appropriately secure.” BOP provided assistance to state and local corrections offi cials after

Hurricane Katrina by transporting and detaining inmates and detainees, as well as coordinating the delivery of clothing,

food, and water to the affected area.235

In preparation for landfall, BOP personnel from the Offi ce of Emergency Preparedness, located at BOP’s Central

Offi ce in Washington, D.C. and BOP’s South Central Regional Offi ce in Dallas monitored Hurricane Katrina’s path from

August 26 to August 29.236 The Offi ce of Emergency Preparedness is responsible for coordinating the evacuation and for

supporting correctional institutions in the areas affected by the hurricane.237

On August 29, the United States Marshal Service (USMS) requested assistance from BOP to transport USMS detainees

from Harrison and Pearl River County jails in Mississippi.238 BOP provided two buses and moved 70 USMS to jails in

Grenada and Madison Counties in Mississippi.

On August 30, BOP opened a command center at its South Central Regional Offi ce to assist the Louisiana Department

of Public Safety and Corrections (LDPSC) with transporting inmates out of New Orleans.239

During the fi rst week of September, BOP coordinated the delivery of inmate clothing, blankets, sheets, food, and water

from a number of Texas institutions.240 Trucks containing these supplies left Federal Correctional Institution Forth Worth

and Federal Correction Complex (FCC) Oakdale on September 3 and arrived in Baton Rouge.241 The same day, additional

supplies were sent to the Louisiana State Police headquarters in Baton Rouge from FCC Beaumont, Texas and FCC Forrest

City, Arkansas.

On September 5, the LDPSC Secretary requested that BOP provide 1,000 beds and transportation for Louisiana state

inmates.242 On September 8 and 9, BOP and USMS transferred 964 inmates to United States Penitentiary (USP) Coleman-

II, Florida.243 FCC Coleman houses low, medium, high security, and a female prison.244 USP Coleman-II is a newly built

part of the Coleman complex. As of December, 700 of these inmates remain incarcerated at USP Coleman.245

From August 30 to September 7, BOP transported approximately 2,500 inmates or detainees in Louisiana to facilities

outside of New Orleans.246 BOP used nine buses and one van provided from BOP facilities. Two BOP personnel from the

BOP offi ce that provided the vehicle accompanied the transport. The LDPSC supported BOP by providing security during

the transports.

During this time, BOP also assisted in removing 200 additional USMS detainees from Hoyle Reception Center, St.

Tammany Parish Jail, and the Dixon County Correctional Center to the Federal Detention Centers in Houston, and

Oakdale and Pollock, Louisiana.247 A total of 251 BOP personnel assisted in BOP’s response to Hurricane Katrina.248

A FAILURE OF INITIATIVE 411

1 Federal Bureau of Investigations [hereinafter FBI] Frequently Asked Questions, http://www.fbi.gov/aboutus/faqs/faqsone.htm (last visited Jan. 21, 2006).

2 Letter from the U.S. Dep’t of Justice, to Tom Davis, Chairman, Select Comm., and Charlie Melancon, U.S. Congressman (Nov. 23, 2005) [hereinafter Nov. 23 Dep’t of Justice Response] (citing 42 U.S.C. § 10501).

3 Id. (citing 42 U.S.C. § 5170). 4 Id. 5 Interview by Select Comm. Staff with FBI personnel, in Wash., D.C. (Nov. 28, 2005) [hereinafter Nov. 28 Interview with FBI]; E-mail

correspondence from FBI personnel to Select Comm. Staff (Dec. 5, 2005) (6:10 p.m.)) [hereinafter Dec. 5 E-mail from FBI]. There are six satellite offi ces, called Resident Agencies, under the New Orleans Field Offi ce. The LA Resident Agencies are located in: Shreveport, Monroe, Alexandria, Lake Charles, Baton Rouge, and Lafayette. (Dec. 5 E-mail from FBI).

6 Id. The Jackson Field Offi ce covers the entire state of MS and has ten Resident Agencies located in: Southaven, Oxford, Tupelo, Columbus, Greenville, Meridian, Hattiesburg, Macomb, Gulfport, and Pascagoula. The Mobile Field Offi ce covers the entire state of AL and has nine Resident Agencies located in: Dothan, Monroeville, Montgomery, Selma, Opelika, Tuscaloosa, Gadsden, Huntsville, and Florence. (Id.).

7 Nov. 28 Interview with FBI; Dec. 5 E-mail from FBI. The Pascagoula Resident Agency houses fi ve agents, two to three FBI support staff, and fi ve local police offi cers (Nov. 28 Interview with FBI).

8 Telephone Interview by Select Comm. Staff with FBI personnel, in Wash., D.C. (Dec. 15, 2005) [hereinafter Dec. 15 Telephone Interview with FBI].

9 Id. 10 Nov. 28 Interview with FBI. 11 Dec. 5 E-mail from FBI. 12 Nov. 23 Dep’t of Justice Response. 13 Nov. 23 Dep’t of Justice Response; Nov. 28 Interview with FBI. 14 Dec. 15 Telephonic Interview with FBI. 15 Id. 16 Nov. 28 Interview with FBI. 17 Nov. 23 Dep’t of Justice Response. 18 Nov. 23 Dep’t of Justice Response; (LA State Police [hereinafter LSP] permitted FBI access to the LSP Headquarters by verbal agreement). Dec. 5

E-mail from FBI. 19 Nov. 28 Interview with FBI. 20 Dec. 15 Telephone Interview with FBI. 21 Id. 22 Nov. 23 Dep’t of Justice Response; Telephone call by Select Comm. Staff with FBI personnel (Jan. 27, 2006) [hereinafter Jan. 27 Telephone call

with FBI]. 23 Nov. 23 Dep’t of Justice Response; (The Law Enforcement On-Line Internet site is not available to the general public. Law enforcement entities

from around the country must have a password to access the FBI’s information). Dec. 5 E-mail from FBI. 24 Dec. 5 Telephone call with FBI. 25 Nov. 23 Dep’t of Justice Response; Nov. 28 Interview with FBI. 26 Nov. 23 Dep’t of Justice Response; Dec. 5 Telephone call with FBI; Dec. 5 E-mail from FBI. (The request for the fi ngerprinting assistance for

the DMORT came via telephone from the Nat’l Disaster Medical Sys. Ctr. in Rockville, MD on Sept. 1. FBI Fly Teams are teams assembled to address specifi c incidents. The teams are typically pre-designated as Fly Teams and are issued personal equipment and receive medical evaluations that enable them to leave respond on short notice. In this case, the team was a group of individuals with a specialty in fi ngerprinting).

27 Nov. 28 Interview with FBI. 28 Nov. 23 Dep’t of Justice Response. 29 Nov. 28 Interview with FBI. 30 Dec. 15 Telephone Interview with FBI. 31 Jan. 27 Telephone call with FBI. 32 Nov. 23 Dep’t of Justice Response. 33 Id., Dec. 5 Telephone call with FBI. (There are four Rapid Deployment teams located in: New York City, Wash., D.C., Los Angeles, and Miami.

The teams are comprised of 160 people with different specialties. They are equipped to respond and be self suffi cient for seven days on their own).

34 Dec. 5 E-mail from FBI. 35 Id. (From Aug. 30 until Sept. 12, the FBI helicopters conducted 53 total fl ights, for a total of 163.1 fl ying hours). 36 Id. (Fixed wing assets include larger cargo or passenger planes). 37 Nov. 28 Interview with FBI. 38 About the Bureau of Alcohol, Tobacco, Firearms and Explosives [hereinafter ATF], http://www.atf.gov/about/mission.htm (last visited Jan. 21,

2006). 39 Nov. 23 Dep’t of Justice Response. 40 ATF Summary of Signifi cant Activity (Nov. 18, 2005) [hereinafter ATF Summary of Signifi cant Activity]. 41 ATF Summary of Signifi cant Activity; Interview by Select Comm. Staff with ATF personnel, in Wash., D.C. (Nov. 29, 2005) [hereinafter

Interview with ATF]. 42 Interview with ATF. 43 ATF Summary of Signifi cant Activity. 44 Interview with ATF. 45 ATF Summary of Signifi cant Activity.

412 A FAILURE OF INITIATIVE

46 Interview with ATF. 47 ATF Summary of Signifi cant Activity. 48 Interview with ATF; E-mail correspondence from ATF personnel to Select Comm. Staff (Dec. 7, 2005) (11:47 a.m.) [hereinafter E-mail from

ATF]; (E-mail from ATF) (The offi ce in Shreveport oversaw the administrative functions of the Shreveport, Little Rock, Jackson, and Oxford, Miss. Field Offi ces).

49 Interview with ATF. 50 Id. 51 Telephone call by Select Comm. Staff with ATF personnel, in Wash., D.C. (Dec. 1, 2005) [hereinafter Telephone call with ATF]. 52 ATF Summary of Signifi cant Activity. 53 Interview with ATF; Telephone call with ATF. 54 Telephone call with ATF. 55 Interview with ATF. 56 Id. 57 Telephone call with ATF. 58 Id.; The Emergency Management Working Group was chaired by the Chief of Security and Emergency Programs Division (E-mail from ATF). 59 Interview with ATF. 60 ATF Summary of Signifi cant Activity. 61 Interview with ATF; Telephone call with ATF. 62 ATF Summary of Signifi cant Activity. 63 Id. 64 Interview with ATF. 65 E-mail from ATF. 66 ATF Summary of Signifi cant Activity. 67 Interview with ATF. 68 ATF Summary of Signifi cant Activity; Interview with ATF. 69 Interview with ATF. 70 Id. 71 Telephone call by Select Comm. Staff with ATF personnel, in Wash., D.C. (Jan. 27, 2006). 72 Interview with ATF; Interview by Select Comm. Staff with U.S. Immigration and Customs Enforcement [hereinafter ICE] personnel, in Wash.,

D.C. (Dec. 2, 2005) [hereinafter Dec. 2 Interview with ICE]. 73 Dec 2 Interview with ICE. 74 Interview with ATF. 75 ATF Summary of Signifi cant Activity. 76 Id. 77 ATF Summary of Signifi cant Activity; Interview with ATF. 78 Interview with ATF. 79 ATF Summary of Signifi cant Activity. 80 Interview with ATF. 81 Id. 82 ATF Summary of Signifi cant Activity; Interview with ATF. 83 ATF Summary of Signifi cant Activity. 84 E-mail from ATF. 85 ATF Summary of Signifi cant Activity. 86 ATF Katrina Deployments Doc. (Nov. 29, 2005). 87 Drug Enforcement Administration [hereinafter DEA] Mission Statement, http://www.usdoj.gov/dea/agency/mission.htm [hereinafter DEA

website] (last visited Dec. 2, 2005). 88 Response from the U.S. Dep’t of Justice, to Chairman Tom Davis, Select Comm., and Charlie Melancon, U.S. Congressman (Dec. 8, 2005)

[hereinafter Dec. 8 Dep’t of Justice Response] (citing 21 U.S.C. §§ 801 et seq.). 89 DEA website. 90 Dec. 8 Dep’t of Justice Response (citing 21 U.S.C. § 878 (a)(5)). 91 Dec. 8 Dep’t of Justice Response (citing 42 U.S.C. § 10501). 92 Nov. 23 Dep’t of Justice Response. 93 Id. 94 Hurricane Katrina Drug Enforcement Agency COOP Assessment (DAG000000223) (Jan. 26, 2006). 95 Nov. 23 Dep’t of Justice Response. 96 Interview by Select Comm. Staff with DEA, in Wash., D.C. (Nov. 28, 2005) [hereinafter Interview with DEA]. 97 Interview with DEA. 98 Id. From Aug. 30 through Sept. 28, DEA Special Agents assisted in over 3,400 search and rescues in LA and Miss. (Id.). 99 Nov. 23 Dep’t of Justice Response. 100 Id. 101 Id. 102 Interview with DEA. 103 Nov. 23 Dep’t of Justice Response. 104 Id. 105 Interview with DEA.

A FAILURE OF INITIATIVE 413

106 Letter from U.S. Dep’t of Justice, to Chairman Tom Davis, Select Comm., and Charlie Melancon, U.S. Congressman (Dec. 21, 2005) [hereinafter Dec. 21 Dep’t of Justice Response]. (The day by day breakdown is as follows: Aug. 30 (24), Aug. 31 (17), Sept. 1 (32), Sept. 2 (16), Sept. 3 (33), Sept. 4 (38), Sept. 5 (11), Sept. 6 (13), Sept. 7 (39), Sept. 8 (10), Sept. 9 (6), Sept. 10 (5), Sept. 11 (4), Sept. 12 (4)).

107 Nov. 23 Dep’t of Justice Response. 108 Interview with DEA. 109 Nov. 23 Dep’t of Justice Response. 110 Id. 111 Id. 112 Id. 113 Id. 114 Id. 115 Dec. 8 Dep’t of Justice Response (Wholesalers included: McKesson, Bergen/Amerisource and Cardinal Health). 116 Id. 117 United States Marshals Service [hereinafter USMS] Oldest Federal Law Enforcement Agency, http://www.usmarshals.gov/history/oldest.htm

(last visited Jan. 21, 2006). 118 USMS Major Responsibilities of the USMS, http://www.usmarshals.gov/duties/index.html (last visited Jan. 21, 2006). 119 Nov. 23 Dep’t of Justice Response. 120 Dec. 8 Dep’t of Justice Response; Interview by Select Comm. Staff with USMS personnel, in Wash., D.C. (Dec. 8, 2005) [hereinafter Interview

with USMS]; (Interview with USMS. (An Operational Mgmt. Team (OMT) oversees USMS’ national response. There are OMTs located throughout the United States. A Chief Deputy, the highest ranking career Marshal in the district is in charge of the OMT. Each OMT has a core group of eight personnel).

121 Ctrs. for Disease Control and Prevention, Emergency Preparedness & Response, http://www.bt.cdc.gov/stockpile/ (last visited Jan 22, 2006). 122 Dec. 8 Dep’t of Justice Response. 123 Id. 124 Interview with USMS. The courthouses are located as follows: C-600 U.S. Courthouse, New Orleans, LA 70130; 2012 15th Street, Suite 302,

Gulfport, MS 39501; and 331 Federal Building, 701 Main Street, Hattiesburg, MS 39401. (E-mail correspondence from U.S. Dep’t of Justice personnel to Select Comm. Staff (Dec. 8, 2005) (5:16 p.m.)).

125 Dec. 8 Dep’t of Justice Response. 126 Id. 127 Id. 128 Interview with USMS. 129 Dec. 8 Dep’t of Justice Response. 130 Dec. 8 Dep’t of Justice Response; Interview with USMS. 131 Dec. 8 Dep’t of Justice Response. 132 Dec. 8 Dep’t of Justice Response; Interview with USMS. 133 Dec. 8 Dep’t of Justice Response. 134 Id. 135 Id.; Dec. 21 Dep’t of Justice Response. (The JPATS missions were conducted by 180 USMS personnel in 27 trips. The evacuees were moved

to the following cities: Dallas, TX; San Antonio, TX; Corpus Christi, TX; Houston, TX; Smyrna, GA; Nashville, TN; Aurora, CO; Fort Smith, AR; and Phoenix, AZ. The evacuations cost a total of one million dollars. It took 3,216.7 work hours and 99.2 fl ight hours to complete the evacuations. 62 U.S. Air Force medics and 35 FAMS were transported to New Orleans on JPATS return trips).

136 Dec. 8 Dep’t of Justice Response. (JPATS fl ew the prisoners to Tampa, Florida for a total of 37.6 fl ight hours). 137 Dec. 8 Dep’t of Justice Response; Interview with USMS. 138 Dec. 8 Dep’t of Justice Response. 139 Id. (There were eight FEMA Strike Teams, each consisting of: FEMA Executive, Pub. Info. Offi cer, U.S. Army Corp of Engineers Representative,

and a Community Relations Specialist). 140 Id. 141 Dec. 8 Dep’t of Justice Response; Interview with USMS. 142 Dec. 8 Dep’t of Justice Response. 143 Dec. 8 Dep’t of Justice Response; Interview with USMS. 144 Dec. 8 Dep’t of Justice Response. 145 Id. (Police Dep’ts included: Pass Christian Police Dep’t, Gulfport Police Dep’t, Biloxi Police Dep’t, Long Beach Police Dep’t, and Harrison

County Sheriff’s Dep’t). 146 Id. 147 ICE website, http://www.ice.gov/graphics/about/index.htm (last visited Jan. 21, 2006). 148 Interview by Select Comm. Staff with ICE in Wash., D.C. (Nov. 16) [hereinafter Nov. 16 Interview with Interview with ICE]; E-mail from FAMS

personnel to Select Comm. staff Dec. 5, 2005. (Oct. 16, 2005, FAMS was moved to the Transportation Security Administration (TSA) within DHS).

149 Nov. 16 Interview with ICE; E-mail correspondence from ICE personnel to Select Comm. Staff (Dec. 8, 2005) (8:51 a.m.). 150 Nov. 16 Interview with ICE. 151 ICE website, Federal Protective Service, http://www.ice.gov/graphics /fps/index.htm (last visited Jan. 27, 2006); E-mail correspondence from

ICE to Select Comm. Staff (Jan. 4, 2006) (11:31 a.m.) [hereinafter Jan. 4 E-mail from ICE]. 152 Jan. 4 E-mail from ICE. 153 Id. 154 Id.

414 A FAILURE OF INITIATIVE

155 Id. 156 Id. 157 Id. (The fi ve other GSA leased federal buildings were: Fisk Record Center, Dep’t of Agric., Galleria/SSA, SSA, and the FBI Building). 158 Telephone call by Select Comm. Staff with ICE personnel (Jan. 26, 2006). 159 Dec. 2 Interview with ICE. 160 Id. 161 E-mail correspondence from Ronald R. Grimes, DHS to Gerald Garren, et al, (Sept. 6, 2005) (5:27 p.m.); Dec. 2 Interview with ICE. (Miss.

entities assisted by ICE. Miss. Highway Patrol, Gulfport Police Dep’t, Harrison County Sheriffs Offi ce, Waveland Police Dep’t, Bay St. Louis Police Dep’t, Long Beach Police Dep’t, Pass Christian Police Dep’t, Hancock County Sheriffs Offi ce, and Jackson County Sheriffs Offi ce).

162 Dec. 2 Interview with ICE. 163 Id. 164 Id. 165 Id. 166 Id. 167 Id. 168 Id. 169 Id. 170 U.S. Customs and Border Prot. [hereinafter CBP], Protecting Our Borders Against Terrorism, http://www.cbp.gov/xp/cgov/toolbox/about/

mission/cbp.xml (last visited Jan 21, 2006). 171 CBP Timeline Aug. 24-Aug. 30 (Dec. 8, 2005) [hereinafter CBP Timeline Aug. 24-Aug. 30]. 172 CBP Hurricane Katrina Support and Operations PowerPoint (Sept. 20, 2005) [hereinafter CBP PowerPoint]; CBP Timeline Aug. 24-Aug. 30. 173 CBP PowerPoint. Each CBP Field Offi ce has a MCT. An MCT is comprised of a core group of personnel, including Human Resource specialists

who are responsible for running an offi ce from a new location. (Telephone call by Select Comm. Staff with CBP personnel (Jan. 3, 2006) [hereinafter Telephone call with CBP]).

174 CBP Timeline Aug. 24-Aug. 30. 249 CBP Border Patrol Agents were deployed to the affected area from Sept. 1-15, 2005. The Agents were deployed from the following Border Patrol Sectors/locations: Border Patrol Academy (2), Blaine (2), BORTAC HQ (9), Del Rio (46), Detroit (7), BP Air Ops HQ (10), El Centro (21), El Paso (23), Grand Forks (5), Houlton (3), OBP HQ (9), Havre (5), Laredo (28), Marfa (1), Miami (6), Rio Grande Valley (21), Ramey (3), San Diego (30), Spokane (6), Tucson (2), and Yuma (10). (Id.).

175 Interview by Select Comm. Staff with CBP personnel, in Wash., D.C. (Dec. 6, 2005) [hereinafter Interview with CBP]; CBP Timeline Aug. 24- Aug. 30. (Thirty support personnel were part of the relief teams from the Miami and Tampa Field Offi ces. Twenty support personnel were part of the relief teams from the Atlanta and Houston Field Offi ces).

176 CBP Timeline Aug. 24-Aug. 30. 177 Id. 178 Telephone call with CBP. 179 CBP Timeline Aug. 30-Sept. 13. 180 CBP PowerPoint; CBP Timeline Aug. 30-Sept. 13 (Dec. 21, 2005) [hereinafter CBP Timeline Aug. 30-Sept. 13]; E-mail correspondence to Select

Comm. Staff from CBP personnel (Jan. 4, 2006) (1:13 p.m.). 181 E-mail correspondence to Select Comm. Staff from CBP personnel (Jan. 10, 2006) (5:17 p.m.). 182 CBP Timeline Aug. 30-Sept. 13. 183 Interview with CBP. 184 Interview with CBP; CBP Timeline Aug. 30-Sept. 13. 185 CBP Protection PowerPoint. 186 Interview with CBP. 187 CBP Protection PowerPoint; CBP Timeline Aug. 24-Aug. 30. 188 Interview with CBP. 189 CBP Timeline Aug. 30-Sept. 13. 190 CBP Timeline Aug. 24-Aug. 30. 191 CBP Timeline Aug. 30-Sept. 13. 192 CBP PowerPoint; CBP Timeline Aug. 30-Sept. 13. 193 E-mail correspondence to Select Comm. Staff from CBP personnel (Jan. 26, 2006) (1:35 p.m.). 194 Interview with CBP. 195 CBP Timeline Aug. 30-Sept. 13; Telephone call with CBP. 196 Telephone call with CBP. 197 CBP Timeline Aug. 30-Sept. 13. 198 CBP Protection PowerPoint; CBP Timeline Aug. 30-Sept. 13. 199 CBP Timeline Aug. 30-Sept. 13. 200 CBP Protection PowerPoint; CBP Timeline Aug. 30-Sept. 13. 201 CBP Timeline Aug. 30-Sept. 13. 202 Telephone call with CBP. 203 E-mail correspondence to Select Comm. Staff from CBP personnel (Dec. 19, 2005) (4:17 p.m.). 204 CBP Timeline Aug. 24-Aug. 30. The missions resulted in 328 rescues, 59 arrests, 77 recovered bodies, and humanitarian aid to approximately

5,951 individuals. (Id.). 205 Fed. Air Marshal Serv. [hereinafter FAMS] Timeline prepared for Select Comm. Staff (Nov. 29, 2005) [hereinafter FAMS Timeline].

A FAILURE OF INITIATIVE 415

206 Interview by Select Comm. Staff with FAMS personnel, in Wash., D.C. (Nov. 29, 2005) [hereinafter Interview with FAMS]. FAMS believes as little as 1% of its ordinarily staffed fl ights were not staffed as a result of FAMS’ response to Katrina. The specifi c numbers of FAMS’ staffed fl ights and related personnel is classifi ed.

207 E-mail correspondence from FAMS personnel to Select Comm. Staff (Jan. 27, 2006) (1:51 p.m.). 208 Id. 209 Interview with FAMS; E-mail correspondence from FAMS personnel to Select Comm. Staff (Jan. 5, 2006) (9:14 p.m.) (Dir. Quinn retired on

Feb. 4, 2006). 210 Interview with FAMS. (At the time of Hurricane Katrina, FAMS was, as part of an overall DHS reorganization, being transitioned to

TSA’s authority from ICE, which is part of DHS’ Border and Transportation Security component. The practical realities of the impending reorganization meant that FAMS leadership was, during times relevant, unoffi cially reporting into TSA and Assistant Secretary Hawley. Senior leadership at TSA was in operational command at all times during the Katrina response, holding conference calls every four hours from 6:00 a.m. to midnight with the fi eld. That being said, since FAMS was offi cially reporting through ICE, offi cial reports and personnel statistics have FAMS as part of ICE and not TSA. FAMS offi cial transfer from ICE to TSA occurred on Oct. 16, 2005).

211 Id. 212 FAMS Timeline. 213 Interview with FAMS. 214 Interview with FAMS; FAMS Timeline. 215 FAMS Timeline. 216 Id. 217 Interview with FAMS. 218 FAMS Timeline. 219 Interview with FAMS. (This included, meeting arriving buses, helicopters, trucks, and ambulances; canvassing evacuees for information on

those left behind in New Orleans; handwriting manifests for the New Orleans International Airport departing fl ights; pre-screening and loading passengers; crowd control; baggage handling; air traffi c control; operating heavy equipment to facilitate blocking and dispatching aircraft; hand-carrying hundreds of sick, injured and elderly passengers on to departing aircraft; working with FEMA triage personnel to carry patients on stretchers for medical evaluation; delivering patients to the “Expected to Die” and morgue holding areas; and assisting in other medical emergencies).

220 FAMS Timeline. 221 FAMS Timeline; Email correspondence from FAMS personnel to Select Comm. Staff (Nov. 29, 2005) (5:27 p.m.) [hereinafter Nov. 29 Email

from FAMS]. (Eventually, personnel from every fi eld offi ce and headquarters would participate in FAMS’ Katrina response. FAMS has offi ces in Boston, New York, Newark, Philadelphia, Wash., D.C., Charlotte, Orlando, Miami, Atlanta, Cincinnati, Pittsburgh, Cleveland, Detroit, Chicago, Minneapolis, Denver, Dallas, Houston, Las Vegas, Los Angeles, and Seattle).

222 FAMS Timeline; Nov. 29 E-mail from FAMS. 223 FAMS Timeline. 224 18 U.S.C. § 3056. 225 18 U.S.C. § 470 et seq.; 18 U.S.C. § 3056(b). 226 18 U.S.C. § 3056(e). 227 Additional Info. Relating To Secret Service [hereinafter USSS] Contributions Toward Response and Recovery Efforts Associated With Hurricane

Katrina (Dec. 5, 2005) [hereinafter Dec. 5 Additional Info. Relating to USSS]. (The fi ve protectees were: President Bush, Vice President Cheney, Mrs. Cheney, Sec’y of Homeland Sec. Michael Chertoff, and Treasury Sec’y John Snow. President Bush visited the affected area three times between Aug. 23 and Sept. 13. On Sept. 2, the President visited Mobile, AL; Biloxi, Miss.; and New Orleans, LA. On Sept. 5, the President visited Baton Rouge, LA. On Sept. 11 and 12, the President visited New Orleans, and Gulfport, Miss. On Sept. 8, the Vice President and Mrs. Cheney visited Gulfport, New Orleans and Baton Rouge. Sec’y Chertoff made three trips to the affected region, visiting Mobile, Biloxi, and New Orleans on Sept. 2, New Orleans on Sept. 4 and 5, and Gulfport, New Orleans, and Baton Rouge on Sept. 8. Treasury Sec’y Snow visited Biloxi on Sept. 9).

228 Additional Info. Relating To USSS Contributions Toward Response and Recovery Efforts Associated With Hurricane Katrina (Dec. 7, 2005) [hereinafter Dec. 7 Additional Info. Relating to USSS]. (The personnel deployment was divided into two phases, Aug. 31 through Sept. 9 as Phase I and Sept. 8 through Sept. 15 as Phase II. Seventeen employees were deployed for the fi rst phase and 18 for the second phase. These employees were drawn from the following Secret Service offi ces: Dallas Field Offi ce, Houston Field Offi ce, Memphis Field Offi ce, Charlotte Field Offi ce, Chicago Field Offi ce, Intelligence Div., Info. Res. Mgmt. Div., and Diplomatic Protective Div.. These offi ces each deployed one to three employees. The Houston Field Offi ce deployed fi ve employees for both phases).

229 Dec. 5 Additional Info. Relating to USSS. 230 Id. (Interview by Select Comm. Staff with FBI personnel, in Washington, D.C. (Dec. 6, 2005). (The FBI also was involved with credentialing

law enforcement offi cers). 231 Dec. 7 Additional Info. Relating to USSS; Dec. 5 Additional Info. Relating to USSS. 232 Dec. 5 Additional Info. Relating to USSS. 233 Id. 234 Fed. Bureau of Prisons [hereinafter BOP] About BOP, http://www.bop.gov/about/index.jsp# (last visited Jan. 21, 2006). 235 Dec. 8 Dep’t of Justice Response (citing 42 U.S.C. § 5170 (a) and (b)). 236 Dec. 8 Dep’t of Justice Response; Interview by Select Comm. Staff with BOP personnel, in Wash., D.C. (Dec. 5, 2005) [hereinafter Interview

with BOP]. 237 Interview with BOP. 238 Dec. 8 Dep’t of Justice Response. 239 Id. 240 Dec. 8 Dep’t of Justice Response; Interview with BOP.

416 A FAILURE OF INITIATIVE

241 Dec. 8 Dep’t of Justice Response. 242 Id. 243 Interview with BOP; Dec. 8 Dep’t of Justice Response. 244 Interview with BOP. 245 Dec. 8 Dep’t of Justice Response. 246 Id. (A total of 54 BOP personnel were responsible for the transportation. These personnel were detailed from the Fed. Correction Complex

(FCC) in Beaumont, TX; FCC Forrest City, Arkansas; FCC Yazoo City, MS; FCC Oakdale, LA; the United States Penitentiary in Pollock, LA; the Fed. Det. Ctr. in Houston, TX).

247 Id. A break down of the bus and van transports: Aug. 30 — 2 bus runs, 1 van run; Aug. 31 — 14 bus runs; Sept. 1 — 34 bus runs; Sept. 2 — 9 bus runs; Sept. 3 — 2 bus runs; Sept. 4 — 2 bus runs; Sept. 5— 2 bus runs, 1 van run; Sept. 6 — 7 bus runs, 1 van run; Sept. 7— 2 bus runs).

248 Dec. 8 Dep’t of Justice Response; Interview with BOP (54 staff for bus movements out of New Orleans; 26 staff worked from the South Central Region Command Center; 6 staff for bus movements in southern Miss.; 165 staff for transport and delivery of supplies and equipment, inspection and maintenance of vehicles, mechanical services, liaison with command center in Baton Rouge; and 52 Pub. Health Servs. Offi cers).

A FAILURE OF INITIATIVE 417

APPENDIX 6

418 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 419

420 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 421

422 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 423

424 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 425

426 A FAILURE OF INITIATIVE

APPENDIX 7

A FAILURE OF INITIATIVE 427

428 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 429

430 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 431

432 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 433

434 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 435

APPENDIX 8

436 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 437

438 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 439

440 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 441

442 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 443

444 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 445

446 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 447

448 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 449

450 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 451

452 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 453

ASHÉ CULTURAL ARTS CENTER/BABA TUNJI

454 A FAILURE OF INITIATIVE

ASHÉ CULTURAL ARTS CENTER/BABA TUNJI

A FAILURE OF INITIATIVE 455

456 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 457

458 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 459

460 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 461

462 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 463

464 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 465

466 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 467

M C

K IN

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TA F

F P

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T O

468 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 469

470 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 471

472 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 473

474 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 475

476 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 477

478 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 479

480 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 481

482 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 483

484 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 485

486 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 487

488 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 489

490 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 491

492 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 493

494 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 495

496 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 497

498 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 499

500 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 501

502 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 503

504 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 505

506 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 507

APPENDIX 9

508 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 509

510 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 511

512 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 513

514 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 515

516 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 517

518 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 519

520 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 521

522 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 523

524 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 525

526 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 527

528 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 529

530 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 531

532 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 533

534 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 535

536 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 537

538 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 539

540 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 541

542 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 543

544 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 545

546 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 547

548 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 549

550 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 551

552 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 553

554 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 555

556 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 557

558 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 559

560 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 561

562 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 563

564 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 565

566 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 567

568 A FAILURE OF INITIATIVE

A FAILURE OF INITIATIVE 569

    1. Superintendent of Documents
    2. 2015-08-21T08:38:45-0400
    3. US GPO, Washington, DC 20401
    4. Superintendent of Documents
    5. GPO attests that this document has not been altered since it was disseminated by GPO