[Senate Hearing 112-41] [From the U.S. Government Publishing Office] S. Hrg. 112-41 GULF COAST RECOVERY: AN EXAMINATION OF CLAIMS AND SOCIAL SERVICES IN THE AFTERMATH OF THE DEEPWATER HORIZON OIL SPILL ======================================================================= HEARING before the AD HOC SUBCOMMITTEE ON DISASTER RECOVERY of the COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS UNITED STATES SENATE ONE HUNDRED TWELFTH CONGRESS FIRST SESSION __________ JANUARY 27, 2011 __________ Available via the World Wide Web: http://www.fdsys.gov/ Printed for the use of the Committee on Homeland Security and Governmental Affairs U.S. GOVERNMENT PRINTING OFFICE 66-618 WASHINGTON : 2011 ----------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS JOSEPH I. LIEBERMAN, Connecticut, Chairman CARL LEVIN, Michigan SUSAN M. COLLINS, Maine DANIEL K. AKAKA, Hawaii TOM COBURN, Oklahoma THOMAS R. CARPER, Delaware SCOTT P. BROWN, Massachusetts MARK L. PRYOR, Arkansas JOHN McCAIN, Arizona MARY L. LANDRIEU, Louisiana GEORGE V. VOINOVICH, Ohio CLAIRE McCASKILL, Missouri JOHN ENSIGN, Nevada JON TESTER, Montana LINDSEY GRAHAM, South Carolina CHRISTOPHER COONS, Delaware MARK KIRK, Illinois Michael L. Alexander, Staff Director Brandon L. Milhorn, Minority Staff Director and Chief Counsel Trina Driessnack Tyrer, Chief Clerk Joyce Ward Publications Clerk and GPO Detailee AD HOC SUBCOMMITTEE ON DISASTER RECOVERY MARY L. LANDRIEU, Louisiana, Chairman CLAIRE McCASKILL, Missouri LINDSAY GRAHAM, South Carolina SCOTT P. BROWN, Massachusetts Ben Billings, Staff Director Andy Olson, Minority Staff Director Kelsey Stroud, Chief Clerk C O N T E N T S ------ Opening statement: Page Senator Landrieu............................................. 1 Senator Shelby............................................... 4 Senator Vitter............................................... 5 Prepared statements: Senator Landrieu............................................. 37 Senator Shelby............................................... 40 WITNESSES Thursday, January 27, 2011 Kenneth R. Feinberg, Administrator, Gulf Coast Claims Facility... 7 Craig Bennett, Director, National Pollution Funds Center, U.S. Coast Guard.................................................... 9 Ve Nguyen, Member, United Louisiana Vietnamese American Fisherfolks.................................................... 10 Rear Admiral Eric B. Broderick, D.D.S., M.P.H., Deputy Administrator, Substance Abuse and Mental Health Services Administration, U.S. Department of Health and Human Services... 24 Albert L. Keller, Executive Vice President, Gulf Coast Restoration Organization, BP America, Inc...................... 28 Tom Costanza, Executive Director, Office of Justice and Peace, Catholic Charities, Archdiocese of New Orleans................. 29 Lori R. West, Director, of International Relief and Development and Current Chairman, South Mississippi Voluntary Organizations Active in Disasters............................................ 31 Alphabetical List of Witnesses Bennett, Craig: Testimony.................................................... 9 Broderick, Rear Admiral Eric B.: Testimony.................................................... 24 Prepared statement........................................... 53 Costanza, Tom: Testimony.................................................... 29 Prepared statement with an attachment........................ 63 Feinberg, Kenneth R.: Testimony.................................................... 7 Prepared statement........................................... 42 Keller, Albert L.: Testimony.................................................... 28 Prepared statement........................................... 59 Nguyen, Ve: Testimony.................................................... 10 Prepared statement........................................... 51 West, Lori R.: Testimony.................................................... 31 Prepared statement........................................... 81 APPENDIX Additional statements and information submitted for the record: Photos submitted by Senator Landrieu......................... 85 Letter submitted by Senator Landrieu to Bob Dudley on Mental Health Oil Spill........................................... 89 Letter submitted by Senator Landrieu to Mr. Feinberg......... 91 Letter referenced by Senator Landrieu........................ 94 Mental Health Dollars Chart.................................. 96 Technical Assistance Network Chart........................... 97 Appeals Threshold Chart...................................... 98 GCCF Data Chart.............................................. 99 GCCF Organization Chart...................................... 100 Gulf Coast Claims Facility Denial Letter..................... 101 Proposal Letter from State of Louisiana...................... 102 Congressman Scalise letter to Mr. Feinberg................... 128 Feeding America Letter....................................... 130 Louisiana Association of Nonprofit Organization Letter....... 136 Questions and responses submitted for the record from: Mr. Feinberg................................................. 145 Mr. Bennett.................................................. 163 Mr. Broderick................................................ 165 Ms. Harkavy on behalf of Mr. Keller with attachments......... 166 GULF COAST RECOVERY: AN EXAMINATION OF CLAIMS AND SOCIAL SERVICES IN THE AFTERMATH OF THE DEEPWATER HORIZON OIL SPILL ---------- THURSDAY, JANUARY 27, 2011 U.S. Senate, Ad Hoc Subcommittee on Disaster Recovery, of the Committee on Homeland Security and Governmental Affairs, Washington, DC. The Subcommittee met, pursuant to notice, at 1:45 p.m., in room SD-342, Dirksen Senate Office Building, Hon. Mary L. Landrieu, Chairman of the Subcommittee, presiding. Present: Senators Landrieu, Carper, Nelson, Shelby, and Vitter. OPENING STATEMENT OF SENATOR LANDRIEU Senator Landrieu. The Subcommittee on Disaster Recovery will come to order. I am pleased to be joined by my colleague, Senator Shelby from Alabama, and we are hoping to be joined by several other colleagues. I am expecting Senator Vitter, Senator Bill Nelson and Senator Carper to join us as the afternoon goes on. I want to thank our witnesses, in particular for making the special effort to be here today because of the challenges with weather and transportation, so I really thank you, because we did not want to cancel this important hearing and I am very pleased that we can proceed as scheduled. Let me go ahead and quickly begin with an opening statement and then turn it over to Senator Shelby, and as other Members come, they will also be allowed to make a brief opening statement, and we want to get right into our witness presentations. I again thank all the witnesses for making a special effort in these weather conditions to join us for this important hearing. As you all will note or know, last week, the Graham-Reilly Oil Spill Commission released its report on the technological and regulatory failures that caused the Macondo well to explode on April 20th last year, taking the lives of 11 men and creating one of the largest environmental catastrophes in American history. It is important that we thoroughly review this accident and implement new measures to ensure a robust and competitive offshore energy industry that operates as safely as possible. But there are some other obligations that we have, as well. This particular report, nor was this Commission charged with this task, and so they did not examine claims payments and the human side of this tragedy. They are focused on the technological and the general business side of offshore oil and gas drilling. But there is another side that we are here to examine today, and that is the human side of this disaster. Four-hundred-and-eighty-three thousand people in the Gulf have filed claims so far for lost wages and revenues. They are currently experiencing severe challenges getting timely payments or accurate information in some cases about their claims. Roughly 194,000 of these claimants are located in Louisiana, 162,000 are in Florida, 68,000 are in Alabama, 52,000 in Mississippi, and 10,000 in Texas. So these claimants are located across the entire Gulf Coast. The Commission report does not address these claims but to say that after everything is over, we should do an after action report. But right now, this Subcommittee is today and has been for a while focused on this human side, the claims process, helping make people as whole as possible from the harm they have suffered as a result of this catastrophe. Fishermen, deck hands, and restaurant workers put out of work by the oil spill, small business owners whose businesses have been threatened, many of them still struggling to make payroll to keep their doors open, are each entitled to just compensation under the law, but the system is not yet working, in my view, as well as it should be. Thousands of Gulf Coast residents have lost their jobs and are fighting to feed their families, keep their homes, and preserve their way of life. For a while, clean-up jobs and emergency payments made this situation tolerable, but the clean-up jobs--the well is now capped--are diminishing or substantially diminishing, and the seafood and tourism markets have not yet recovered to their pre-spill levels. Today, we are here to discuss the payment system established by Mr. Feinberg under the authority of the White House and British Petroleum (BP) to compensate people for lost earnings, property damage, and subsistence losses resulting from the spill. We will also learn about work that nonprofit organizations are doing along the Gulf and the continued challenges they face in providing assistance to spill-affected communities. Frequent visits, and I have made many, to coastal communities and dozens of conversations with constituents and briefings with local leaders lead me to believe that the claims determinations have not been as consistent as they need to be or as transparent as they could be. People have struggled to obtain information about their claim on a timely basis. In my view, non-governmental organizations (NGOs) have also been somewhat marginalized and under-resourced throughout this recovery process, and it seems like we are making a similar mistake that we made in the aftermath of Hurricanes Katrina, Rita, Gustav, and Ike by underestimating the power and the effectiveness of community-based NGOs to help the Vietnamese community, for instance, or the Hispanic community, for instance, or a certain group of elderly people in a community from submitting and accessing information about their rightful claims. Mental health issues, including domestic violence and suicide, are on the rise, and they are becoming an increasing challenge for the region. A study released last July by Ochsner Clinic revealed that 30 percent of interviewees in Louisiana, Mississippi, Alabama, and Florida suffered from serious psychological distress and cited disproportionate impacts among children and low-income households. Today, we are going to hear a very heartwarming story with a sad ending, from a Vietnamese oysterman who successfully piloted a boat of refugees out of Vietnam many years ago, made a new life for himself fishing off the waters of the Louisiana coast for decades, until suddenly this oil spill caused him to lose his business and his livelihood. He represents a great and growing number of Vietnamese American fishermen. Over 80 percent of the Vietnamese Americans in the Gulf region are connected to the seafood industry. We are going to hear from a member of their community today. We also want to hear from NGO representatives that were asked by BP to present social service proposals last summer and have never received a response, despite backing from 53 organizations in the State of Louisiana and another 32 organizations in Mississippi. And finally, BP has made a pledge of $20 billion to cover legitimate claims and placed a portion of those funds in escrow under Mr. Feinberg's control. He is here with us today, and I appreciate him being here to give us an update. The function of the Gulf Coast Claims Facility (GCCF) is to compensate people fairly for their losses, to discharge BP's fiduciary obligations under the Oil Pollution Act (OPA) of 1990 with regard to those claims, and to offer a simpler, speedier alternative to prolonged litigation, which continued for 20 years after the Exxon Valdez oil spill. We are hoping it will not take 20 years to compensate people fairly in the aftermath of this spill. The Gulf Coast Claims Facility took over individual business and claims from BP on August 23. From May to August, BP was directly managing all claims. And so far, the Gulf Coast Claims Facility has paid out $3.3 billion to 168,000 claimants. That is what our records show. If that information is not up to date, we will get the new numbers today. Mr. Feinberg has traveled extensively to the Gulf. Senator Shelby, I am sure you have seen him or been with him in Alabama. I have attended several of the town hall meetings in Louisiana. You have made some commendable program changes along the way and I want to acknowledge that you have been flexible when things have been brought to your attention, first, by agreeing not to subtract vessel of opportunity earnings to use local firms to provide people with information about their claims, to provide interim payments, and other important changes along the way. So we are very grateful for those program changes. But on the other side, there are many challenges that remain. One of the things we are going to explore today is that while BP did provide $1 million to Louisiana charities for emergency relief and $52 million for mental health services along the Gulf. But without case management, financial counseling, claims assistance, and direct aid for food, rent, and mortgages, many families are still struggling. So in conclusion, I am pleased to be joined today, as I said, by several colleagues. I want to thank Feeding America and the Louisiana Association of Nonprofit Organizations (LANO) for submitting written testimony for this hearing. I would also like to acknowledge the White House staff that is in attendance. Congressman Steve Scalise for his continued efforts to improve the claims process on behalf of his constituents. I want to recognize Darryl Tate with the United Methodist Church in Louisiana and everyone else that has joined us for this important hearing. We have a great deal of business to cover, so let me turn it over to Senator Shelby for his opening statement and then we will get right into our first panel of witnesses. Senator. OPENING STATEMENT OF SENATOR SHELBY Senator Shelby. Thank you, Madam Chairman, for letting me join your Subcommittee here today. While the Deepwater Horizon rig has been capped, the boom recalled and the media on to the next story, many may think this disaster is over, but this is not true. Like many Alabamians, I remain extremely concerned regarding both the short- and the long-term effects that the oil will have on the Gulf Coast's economy and the ecosystem. Alabama's Gulf Coast region may take decades to recuperate and downstream effects could cripple the region for years to come. Since the oil started pouring into the Gulf last April, Alabama has seen a nearly 50 percent drop in tourism-generated dollars and a substantial loss of jobs. Tourism revenues lost to Alabama's coastal economies as a direct result of the oil spill are estimated at between $850 million and $1 billion, a figure that does not include the additional losses to the fishing industry and the shipyard repair and maintenance operations. The federally mandated fishery closures have resulted in a significant loss of income for the entire seafood industry, fishermen, shrimpers, bait and tackle shops, and processors. Alabama's fishing industry represent one of the largest economic engines in the State, accounting for more than $800 million in sales annually and nearly 18,000 jobs. The economic impact on the commercial and recreational fishing industry already is severe and extensive. I think we must ensure that individuals and businesses are compensated now, but also put in place mechanisms to assist them with rebuilding and restoring efforts as the Gulf continues to recover from the disaster. I have met with Mr. Feinberg, who is with us today, several times since the Gulf Coast Claims Facility was created, yet I continue to have serious concerns regarding the claims determinations made by this organization. Like the entire Gulf Coast, Alabama is at a critical juncture. The Gulf Coast Claims Facility is not acting with appropriate urgency as I thought they would. Nine months since the oil spill, 57 percent of claims in Alabama remain unpaid. This amounts to 38,605 individual and business claims that have not received one penny in funding. That is a startling statistic to me. Further, from January 12 to January 24 in Baldwin County, the hardest-hit region in Alabama, only 28 claims were processed. That is less than three claims a day. Let me reiterate, Alabama has 38,604 outstanding claims and the Gulf Coast Claims Facility is currently only processing three Alabama claims a day. Moreover, there is no distinction given by the Gulf Coast Claims Facility in their statistics between how many claims were paid and how many claims were underpaid. I am sure that this is not an insignificant figure. When Mr. Feinberg and I met in both November and December, I relayed these issues to him, and one of the largest issues that needed to be addressed was the lack of a clear formula on how a claim is determined. Filers, I believe, deserve clarification as to why their claims were denied, if they are denied, or why their payments were less than expected, if that be the case. On December 16, Mr. Feinberg told me here at the Capitol that the formula for claim payments would be made publicly available on the Gulf Coast Claims Facility website. Six weeks later, this information is still not available and I believe this is unacceptable, Madam Chairman. Those affected by the spill need to know that there is transparency, clarity, and consistency in the payment process. Finally, as we continue with the recovery efforts along the Gulf Coast, Congress needs to swiftly address the allocation of the Clean Water Act fines from the BP oil spill. The entire Gulf Coast faces an enormous ecological and economic disaster with an estimated impact of as much as $3 billion in my State of Alabama alone. Under the Act, BP could be liable for penalties up to $20 billion. Congress, I believe, needs to ensure that all five affected Gulf States are treated equitably when these fines are disbursed. Each State should have the ability to use these funds how they see fit to restore the economic and ecological damage caused by the spill. The impact to each State is unique and there needs to be flexibility in spending the Clean Water fines in the matter which best meets their needs. And while the national press has moved on, the Gulf Coast continues to face the challenges from one of the largest disasters in our Nation's history. The damages caused by the oil spill could last years. Our residents and businesses are severely hurting, and we need a commitment by all stakeholders to the Gulf Coast's full recovery. In particular, it is my expectation that the Gulf Coast Claims Facility will uphold and follow through on its obligation to the people of the Gulf Coast. Mr. Feinberg has assured me of that. He has been a man of his word in the past. Thank you very much, Madam Chairman. Senator Landrieu. Thank you, Senator Shelby, and you can rest assured that this Senator will continue to focus on those issues, and I thank you for your help and support. Senator Vitter, we would be happy to take opening statements now if you want to do that, or wait a minute---- OPENING STATEMENT OF SENATOR VITTER Senator Vitter. Thank you, Madam Chairman. I will be relatively brief. First of all, thanks for your leadership and for this hearing. Thanks to all the witnesses and for your work. I just wanted to stress three points in my opening statement, and then I will follow up on all of these points in questions. First of all, Mr. Feinberg, thanks for your continuing work. It is obviously very important for all of our area. But I just wanted to stress a concern and urge you not to declare a victory quite yet based on the numbers and statistics that you always present, and I apologize if I missed any of your comments, but normally when we meet or when we are in public settings, you certainly cite the three-plus billion dollars issued and the tens of thousands of claimants paid. My concern is I really do not think that is an accurate or full snapshot picture and I would urge us to look at other metrics and make sure we all stay in it for the long haul. In particular, I think there has been a big emphasis on the quick claims. I believe over 50 percent of claims are quick claims. In Louisiana, I think it is over 57 percent, the sort of $5,000 payments. And in fact, that means that the folks most impacted, most hurt, most directly impacted by the spill are not taking those quick claims because their claims are more complicated and bigger and so they are still waiting or standing in line. Just as an example, a huge percentage of the quick claims have gone in Louisiana to tourism industry-type people, and they have losses--I am not arguing against that--and a tiny percentage, maybe 5 percent, to fisheries people. And obviously the fisheries folks are the ones most impacted and first impacted. So I would caution all of us to make sure we are in it for the long haul and use full metrics and make sure we get to the right outcome over time. Related to that, there have been some suggestions, including from some of our colleagues from New York, that you be appointed to this new 9/11 project coming out of the First Responders bill. Please take this as a compliment and nothing else, but I do not think you can possibly take on another job until this is fully closed out, and I invite you to say that publicly. [Laughter.] Third and finally, and this is not your bailiwick, we continue to struggle with the economic devastation of the spill and the resulting moratorium, including the continuing de facto moratorium. Now, this story has left the front pages of the national papers. Evidence of that, the President, unfortunately, did not even mention this in the State of the Union. But economically, the Gulf Coast continues to be hit hard by all of this, and it is not the spill directly, it is the de facto moratorium which continues. And this would be tragic whenever it happened. Coming in the middle of a serious recession, it is triply tragic. Just as an example, our State, Louisiana, before this month, which was a slight and welcome uptick, we have had eight straight months of increasing unemployment. That is not a coincidence with the spill and the moratorium. That is a direct result of the drilling moratorium, including the de facto moratorium, eight straight months of increasing unemployment catching up to the national average, and we need to end that, and coincidentally, we need domestic energy production from the Nation. So certainly, I will continue to work with my two colleagues here on that. Thank you, and I look forward to your testimony and questions. Senator Landrieu. Thank you, Senator Vitter, for those observations and comments. Let me quickly introduce the panel, and I am going to shorten these introductions. Mr. Feinberg has been introduced before. He is the Administrator of the Gulf Coast Claims Facility. He has testified before this Subcommittee and others. Prior to taking on this challenge, he handled claims for the family members of 9/11 victims, Agent Orange, and the Virgina Tech shooting incident, so he comes to this job with decades, literally, of experience, and he is going to need all of that to get this right. We are looking forward to hearing from him today. Craig Bennett is our second witness. He serves as Director of the U.S. Coast Guard National Pollution Funds Center. The National Pollution Funds Center (NPFC) was established by the Oil Pollution Act of 1990. They manage the Oil Spill Liability Trust Fund (OSLTF) and review claims decisions by the responsible party under the law. We are looking forward to hearing from you on that. He has been with the Coast Guard for 22 years. Mr. Nguyen is the witness I referred to in my opening statement. He piloted a refugee boat out of Vietnam and fled for his freedom with his family, got to the shores of South Louisiana, where many South Vietnamese were relocated, along the Gulf Coast--Mr. Shelby, I am certain in Alabama, as well-- and managed to get through all of that, only to be shut down with this oil spill and is now on the verge of losing his business. And he, like many fishermen, and particularly in the Vietnamese community where subsistence fishing is common, is having a very difficult time specifically navigating this claims process. So, Mr. Feinberg, let us begin with you. I think we have 5- minutes for each witness to offer their testimony and then we will proceed to questions. TESTIMONY OF KENNETH R. FEINBERG,\1\ ADMINISTRATOR, GULF COAST CLAIMS FACILITY Mr. Feinberg. Thank you very much, Madam Chairman. I am testifying today before three Senators who I have known for a while and who have been among my most vigorous supporters in trying to get this program to work right and have been, thankfully, some of my most constructive critics in pointing out in good faith how we can improve the program, and I am grateful for that criticism. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. Feinberg appears in the appendix on page 42. --------------------------------------------------------------------------- The program--just as Senator Vitter predicted, I go right away to the statistics--the program is working. We have paid out in 5 months almost $3.5 billion to 170,000 people, businesses, individuals in the Gulf region. Baldwin County, I believe is the second county in the Gulf that has received the most funds from the Gulf Coast Claims Facility, due in part, I guess, to Senator Shelby's insistence that we focus on Baldwin County, which we are doing. Also, it is true that in the last 5 weeks, as Senator Vitter has pointed out, 85,000 people and businesses have accepted the quick payment option. We have paid out in the last 5 weeks about $700 million to individuals and businesses who either have already been compensated and feel that this is additional compensation that they will accept in return for releasing their claim or cannot document any additional damage. I do not know which, but 85,000 people have taken the quick payment option. Now, transparency, a big point with the three Senators today. We are taking steps on this. First, on Tuesday, February 2, about a month later than I promised, Senator Shelby, but on February 2, we will post publicly the criteria and the methodologies being used to calculate final payments and interim payments. We are going to give a 2-week public comment period for any business or any individual before we implement it. Before we start making these final payments and interim payments, everybody in the Gulf will have an opportunity, as will the Senators, to comment on what we propose to do. And if there are comments that we should change it before we implement it, but the final payments and the interim payments, I assure the Senators, will commence in February to about 90,000 businesses and individuals requesting a final payment and about 40,000 businesses and individuals requesting an interim payment. And, Senator Shelby, the reason it took longer than I had promised you, I have to get this right. The Final Payment Program requires a lump sum payment for all present and future damage, and I am trying, talking with all the experts, with the citizens of Alabama, with the businesses in the Gulf, to find out from them, what are the long-term implications of this bill. Nobody knows for sure. And it has taken me longer than I had hoped to gather that information together. But it will be announced on Tuesday. It will be a 2-week public comment period. And at the end of that period, we will finalize that program and begin to commence to make those payments. I also want to pick up on a point. Senator Landrieu advised me to do this 3 months ago. We have now put in place in Alabama, in Louisiana, Florida, and elsewhere local people, live bodies in the claims facility offices to meet with claimants, to answer their questions. They are not representing them in a court of law. They are not offering legal advice. But instead of people being frustrated by calling 1-800 numbers or not getting answers or getting inconsistent answers, we are trying to deal with that by hiring local people who will address local individuals with local problems. We have received in the last 5 months--the Coast Guard has been fabulous. We have been working with the Coast Guard since day one. Craig is here. I acknowledge their support for this. The Gulf Coast Claims Facility has received about 500,000 claims. I have to get back to Senator Shelby in writing. When he says we have only processed X percent or three claims, he-- you take what Senator Shelby says with a good deal of credibility. I have to check this. It does not ring true, except it is coming from Senator Shelby. I will get an answer to you in writing on this, Senator. Senator Landrieu. Thirty seconds, if you could. Mr. Feinberg. So, in sum, just as an opening comment, we are taking steps to deal with transparency. We are dealing closely with Catholic Charities, Madam Chairman, and those other nonprofit service providers. We have no authority under the facility to pay them. That is a BP obligation, if anybody has that obligation. And I look very much forward to the questions where we can get into some of this in more detail. Thank you, Madam Chairman. Senator Landrieu. Thank you. We are going to go to Mr. Bennett, but I want to clarify something. You said, in the last 5 weeks you did what? What was the number you threw out? Mr. Feinberg. We have paid out in the last 5 weeks about 85,000 quick payments totaling almost $700 million. Senator Landrieu. OK. Thank you. I wanted to get that clear. All right, Mr. Bennet. And we have been joined by Senator Nelson from Florida and he will join us in our round of questioning. Senator Bennett. I mean, Mr. Bennett. TESTIMONY OF CRAIG BENNETT, DIRECTOR, NATIONAL POLLUTION FUNDS CENTER, U.S. COAST GUARD Mr. Bennett. Good afternoon, Madam Chairman. I appreciate-- -- Senator Landrieu. You have been here long enough. We are going to have to promote you. Twenty-two years. Mr. Bennett. Thank you. Good afternoon, Madam Chairman and other Members of the Subcommittee. I am grateful for this opportunity to testify today about the role the National Pollution Funds Center, which I have headed for these past 2 years, plays in implementing the liability and compensation provisions of the Oil Pollution Act of 1990, particularly as they relate to the Deepwater Horizon oil spill. Let me start by saying that I have a deep appreciation for the people and environment of the Gulf. I graduated from high school in Louisiana. I met my wife and got married in Houston, Texas. And I spent time raising my two children in St. Petersburg, Florida. So I remain mindful of my Gulf Coast heritage as I serve the NPFC. The National Pollution Funds Center serves a number of functions with respect to the funding of oil spills. First, it provides funding for Federal oil spill response through the Oil Spill Liability Trust Fund, which this office administers. The fund was authorized in 1990 with the passage of OPA to ensure no delay in the Federal response to a spill and for those spills where there was not a viable responsible party. Fund revenue sources include a per barrel tax on oil, cost recovery from responsible parties, interest income, and Clean Water Act (CWA) fines and penalties. The NPFC also ensures that the responsible party is advertising its availability to pay claims for removal costs and damages. If the responsible party denies a claim or does not settle it within 90 days, the claimant may present the claim to the fund. Finally, the NPFC recovers Federal response costs and any claims that are paid out of the fund from any and all responsible parties. As of January 24, the fund had obligated or expended $684 million for the Federal response to the Deepwater Horizon oil spill. That was the removal actions of the clean-up. These costs included Federal agency oil removal costs as well as funds provided to the Natural Resource Damage (NRD) Trustees to initiate assessments. A key policy of OPA is that the polluter pays, not the taxpayer. The Federal Government has consistently billed responsible parties for reimbursement of costs paid out of the fund. To date, nine bills have been sent to responsible parties for the Deepwater Horizon expenses, of which the first eight, totaling $606 million, have been paid by BP. The ninth bill, for $26 million, was presented on January 11 and I anticipate it being paid soon. OPA requires that I ensure that responsible parties are advertising for and receiving claims. They should also advertise that if not settled in 90 days or denied, the claimant may come to the fund or file an action in court. The NPFC only receives claims which a responsible party has not settled to the satisfaction of the claimant, in this case BP, which has delegated the claims process for personal and business claims to the GCCF, and the NPFC process provides a venue to adjudicate any claims that were denied or were not acted on through that normal process. Information about the NPFC claims process is available on our website. It is also on the BP, the Gulf Coast Claims Facility, and the Restore the Gulf websites, as well. This information includes a claimant's guide in English, Spanish, Vietnamese, and Cambodian, as well as a list of frequently asked questions. Recognizing that not everyone is on the web, claimants are also informed of our claims option by the GCCF Claims Center and their call center. Eighty percent of the claimant inquiries that we have to our call center at the NPFC tell us that they were referred to us by the Gulf Coast Claims Facility. Denial letters to claimants for final claims will also include notification of the claimant's right to submit a claim to the NPFC or to pursue litigation. The reasons for denial are generally due to insufficient documentation to support the claim, or the documentation showed the claim was not payable under OPA, or the responsible party had already paid the claim. Again, claimants who are denied by the NPFC have 60 days in which to submit additional information for reconsideration. In conclusion, individuals, communities, and businesses have suffered as a result of this spill. The National Pollution Funds Center is working to ensure a robust Federal response, that those damaged from this spill are compensated, and that the polluter pays. The Department and the Administration are working to ensure a full recovery throughout the affected States. Thank you for the opportunity to testify today and I look forward to your questions. Senator Landrieu. Thank you, Mr. Bennett. Our next witness is Ve Nguyen. As I said, he is a resident of Plaquemines Parish, a commercial fisherman. He has worked in the waters of the Gulf for over 29 years. He has been directly impacted by this spill, and we have a translator from the State Department here with him. Mr. Nguyen. TESTIMONY OF VE NGUYEN,\1\ MEMBER, UNITED LOUISIANA VIETNAMESE AMERICAN FISHERFOLKS Mr. Nguyen. [Speaking through interpreter.] Members of the Subcommittee and honored guests, my name is Ve Nguyen. I have been harvesting oysters in the Gulf of Mexico for 29 years. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. Nguyen appears in the appendix on page 51. --------------------------------------------------------------------------- [Mr. Nguyen speaking in Vietnamese.] Senator Landrieu. OK. Let her translate. Just a minute. Go ahead. Mr. Nguyen. [Speaking through interpreter.] On behalf of the United Louisiana Vietnamese American Fisherfolks, thank you, Senator Landrieu, for calling this hearing and special thanks for your staff for inviting me today. I would like to take this opportunity to do three things: To share my story, to present to the Subcommittee a request, and to ask Mr. Feinberg a question. Senator, if I may, my story is a common story in the Louisiana Vietnamese American fishing community. As of the spring of 2010, approximately 30 to 50 percent of all commercial fishers living in the Gulf of Mexico region are Vietnamese American, while more than half of every other Vietnamese American in the region are connected to the seafood industry. In my neighborhood of Plaquemines Parish, 100 percent of the Vietnamese households are fishermen. Louisiana fishermen of all ethnic backgrounds are independent and hard-working people. As refugees to the United States after the end of the Vietnam War, we all chose to build our lives anew in these fertile waters of the Gulf Coast and carry on the fishing tradition and customs of our ancestors. I was raised on my father's fishing boat in Vietnam. During the Vietnam War, I used my naval skills to help the South Vietnamese Democratic Government defy communism---- Senator Landrieu. Thank you. Go ahead. Mr. Nguyen. [Speaking through interpreter.] At the end of the war, I carried dozens of people on my boat to escape the communist regime. In the United States, our people carry on the fishing tradition of our ancestors despite the hate crimes from the Ku Klux Klan. I taught our children the love of the water and appreciate its creatures. My daughter is a marine biologist and my son helps me on the boats. After I was forced to flee my country to the United States and the United States took me in, I pledged an allegiance to the United States that includes paying my taxes. Unless I have no other choices, I do not seek government assistance. But with the oil spill, like many of my fellow fishermen, I have had to stand in line for handouts and Food Stamps. Before the BP Deepwater Horizon oil spill, my wife and I would be out on the sea by 6 a.m. and return in the late evening. Like all of the other fishermen in Louisiana, we typically hold back a portion of our catch, 5 or 10 percent, to bring home for personal consumption in the family, to contribute to community events, and to barter with other fishermen for other seafood. I face many challenges in the Gulf Coast Claims Facility process, but I would like to take this opportunity to highlight one in particular. Mr. Kenneth Feinberg received over 16,000 emergency payment claims for subsistence use, including mine, and Mr. Feinberg only paid one claim of $3,000. Mary Queen of Vietnam Community Development Corporation (MQVNCDC), a Louisiana contracted technical assistance provider, helped me packaging my subsistence use claim. Mr. Feinberg denied my neighbor's emergency payments, loss of subsistence use claim almost that was identical to mine. I, therefore, would like to make our request to members of the Senate today, the United Louisiana Vietnamese American Fisherfolks, in solidarity with 14 other organizations request that the Members of this Subcommittee to clarify, reaffirm the definition of subsistence use in the OPA of 1990, fully acknowledging and recognizing the local non-taxable practice of bartering community gifts and family consumption of commercial fishing communities of all ethnic backgrounds. The definition is clearly intended by Congress in 1990 and comports fully with the Department of Wildlife and Fisheries (WLF) definition. Moreover, the calculation of emergency compensation for loss of subsistence use should be based on the quantity of the food that commercial fishermen subsisted on before the spill multiplied by the current retail value of the seafood. This formula has been summarized and defended by the White Paper submitted by the United Louisiana---- Senator Landrieu. Thirty seconds, please. Mr. Nguyen. [Speaking through interpreter.] Finally, I have a question for Mr. Feinberg. On behalf of the 14 grassroots organizations, I would like to ask Mr. Feinberg why only the people with $250,000 minimum payment can claim. Why do not low- income people have the right to appeal to the panel? Senator Landrieu. That is an excellent question, and first of all, thank you for your testimony, Mr. Nguyen. We really appreciate it. Why do we not start with that question, Mr. Feinberg, if you do not mind starting with that, and we are going to go through a 5-minute question round. Go right ahead. Mr. Feinberg. Thank you very much, Madam Chairman. Anybody can appeal, regardless of any amount. In fact, you can appeal to the Coast Guard if you have no amount and were denied any amount. So nobody at all, nobody who files a lost income or lost wage claim with the GCCF, nobody is foreclosed from an appeal to the U.S. Coast Guard, and Mr. Bennett can give you the statistics on that. It is true that I did establish in the GCCF an additional limited right to appeal for claimants receiving over $250,000 or my awarding the claimant over $500,000. I decided that an additional claim right should be awarded to those high-impact claimants. But any claimant can appeal to the Coast Guard from my determination, and the reason I did not have a broader appeal right, I am worried very much about slowing down the process, which I am getting criticized about. Having appeals and more appeals is an inefficient way to get money out the door and that is why I limited it. But everybody has a right to appeal. Senator Landrieu. But just to be clear, anyone at any amount can appeal to the Coast Guard. Mr. Bennett, you run that program, so is that your understanding? Mr. Bennett. Yes, Senator. Senator Landrieu. OK. So if anybody gets a denial letter, whether they have asked for $3,000 or $5,000 or $500,000 or $5 million, they get a denial letter, or if they are compensated $1 million with no explanation and they thought they deserved $5 million, they could go to you. All right. Let me start with my line of questioning. First, I want to acknowledge for the record that in the 5 months that BP managed this claims process, and, of course, they had to stand it up very quickly and it was unprecedented, they only distributed $359 million Gulf-wide. In the 5 months that Ken Feinberg has been on the job, you have distributed $3.3 billion, so you should be commended for that. However, one of my first questions is that people in my State, now I do not know about Florida or Mississippi or Alabama, but in Louisiana, Mr. Feinberg, they go to the centers. They try to get an update on their claim, and all they are told is, quote, ``Your claim is under review.'' They cannot get access to the status of that review. Is it the beginning, the middle, or the end? They cannot get a confirmation that their documentation is either in order or completely disorganized. And I think that is a real problem with the system and I would like you to respond. And also on this subject, one of the things I think many of us had asked you to do in the beginning is to have these offices staffed with people who the communities knew, local workers, and people who had knowledge or at least access to the computer database to give people some update. So would you please respond, and what are you going to do to correct it? Mr. Feinberg. As I said in my opening statement, A, it is a fair criticism. B, there are 500,000 claims that have come in since August 23. We have picked up on your suggestion, which was made for the first time months ago, we have expanded our local people in these 35 claims offices so that individuals will be not as frustrated in trying to get an answer about deniability or the calculation of award---- Senator Landrieu. But do these employees in some of these law firms that have been, although they are not there for legal purposes but for advocacy purposes, do they have access to the database, because the Worley employees who were there who are-- you could define as local, it is a local company, most certainly, in Hammond, Louisiana. I am sure people work for their company from all over the country, but many from the Gulf Coast. But I want you to testify, do they have access to the database, because they tell me no, and are the other firms that you are bringing in going to have access so people can get an update when they need one? Mr. Feinberg. The answer is yes. I will not say they have access to the confidential database. They will have access to the---- Senator Landrieu. To the status? Mr. Feinberg. That is correct, to give status as to eligibility, status as to denials, status as to the amount of the money that has been calculated. Senator Landrieu. OK. We are going to follow that up. This is similar, along the same lines. Claimants receive a denial letter. I do not have a copy of one with me, but I am going to ask the staff, if they do, to give it to me before the hearing is over, and if not, it will be up on our website. When claims are denied or awards are lower than expected, people are not receiving any commentary or detail. We know you requested $10,000. Here is a check for $2,000. The reason you did not get the additional $8,000 is because of X, Y, and Z. There does not seem to be any explanation, and people then get very frustrated. They do not even know where to begin. Should they completely refile? What did they not understand? This is a real problem. Mr. Feinberg. It is a problem. Now, I must say, the great majority of people do not have this problem. But I agree with you. If even a few people have this problem, it is a big problem. Senator Landrieu. OK. So you are testifying that denial letters or letters accompanying reduced award amounts include detailed explanations, because that is not our understanding. Mr. Feinberg. No, I am not suggesting that. I am suggesting that, for the most part, when people get a denial letter, even if there is not an explanation, they understand why there has been a denial. The number of people--the critics are a relatively small number, but it is too many. I agree, it is too many. Senator Landrieu. All right---- Mr. Feinberg. But we are dealing with this problem, as I said, by putting people in these local offices that have the ability to come up with live answers to help these people understand. Senator Landrieu. OK. Senator Shelby. Senator Shelby. Thank you. Senator Landrieu, thank you very much for bringing forth this meeting. It is timely. Mr. Feinberg, I want to reiterate again, it has been 9 months since the oil spill. I will give these numbers to you again. Fifty-seven percent of claims in my State of Alabama remain unpaid. This amounts to 38,604 individual and business claims that have not received one penny in funding. Further, from January 12 to January 24 in Baldwin County, Alabama, this year, the hardest hit region in Alabama, as you referenced, only 28 claims were processed. That is less than three claims a day. You mentioned the numbers earlier. All the claims and the statistics that I referenced here came from your website. They are from your people. If they are wrong, correct them for the website and correct them for the record. We are relying on your numbers. Now, having said that, how many of the paid claims were paid in full? How many of the claims that you paid were paid in full, and if you do not have this, can you get this for the record---- Mr. Feinberg. I will have to get that for the record. Senator Shelby. A lot of people have complained, especially in Baldwin County, about partial claims, and they are desperate for the money. I know you are trying to expedite a lot of this and I know you are acting in good faith. The claims process has surely slowed down. Why is that, could you tell us for the record? Mr. Feinberg. It has slowed down, briefly. Now, it has not slowed down in terms of 85,000 people in Alabama and elsewhere who have accepted the quick payment. The problem I have run into, and it is about to be solved by next Tuesday, I want to make sure before setting out a public methodology for processing final payments that we take into account, as you pointed out, Senator, the future of the Gulf. And it has taken me an extra month to gather together all of that expert information, and next Tuesday, I will announce, as I promised you I would, a final payment methodology and criteria. Senator Shelby. Mr. Feinberg, we have known each other a long time and we have dealt in good faith, and I believe you are dealing in good faith. I appreciate the times you have gone to the Gulf Coast, not just my State of Alabama but the whole Gulf Coast. I know you have a very difficult situation. I know that. It is complex. But to our constituents that are frustrated, especially my area of Alabama, they have seasonal economy. The winter is here. They lost a lot back in the summer. They are not sure if they can make it until the spring. And we have talked about this before and a lot of your people have. So if you can process those claims--only bona fide claims. I would never want you to pay one cent that was not meritorious. But I would want you to pay the meritorious claims. And by now, you should have some methodology to differentiate between the real and the apparent, so to speak. That is all I am asking you, and I think that is all my constituents in Alabama want, is they want to be compensated for bona fide things and they are not all getting it and that is why I am here today. Mr. Feinberg. And you have my word, Senator, that I am diligent in understanding that concern. Senator Shelby. Thank you a lot. Senator Landrieu. Senator Vitter. Senator Vitter. Thank you, Madam Chairman, and Mr. Feinberg, again, thanks for your continuing work. I know it is not easy. Let me go back to some of the points in my opening statement. Will you publicly state that you will not take the 9/11 First Responder job or any other big public project until this Claims Facility is fully closed down? Mr. Feinberg. Senator, I do not see how I can. I do not want to publicly state absolutely I will not, because, first of all, nobody has asked me. There has been no inquiry whatsoever that I do this. I am just reluctant, before the President of the United States or the Attorney General of the Department of Justice (DOJ) or whatever, I am reluctant to make that commitment before I know anything about it. But I assure you that my wife agrees with you, Senator. Absolutely. [Laughter.] Senator Vitter. Well, I am disappointed with your response. It would be flattering and perhaps appropriate for you to be asked, but, of course, you have to decide the answer, and I would suggest, given that this is a big unfinished job, that the answer should be public and unequivocal that you will not do that and would not do anything like that until this facility is completely closed down. Mr. Feinberg. I take that criticism as valuable. Let us see what unfolds over the next few weeks. Senator Vitter. OK. Well, I am a little surprised and very disappointed with the response. Is the compensation package of you and your firm for this work public information? Mr. Feinberg. Yes. It is public and it has been public for the last 3 or 4 months. Senator Vitter. OK. Great. Mr. Feinberg. It is on the website, I think, but it is certainly public. Senator Vitter. OK. I have not seen it, and that is only my fault, apparently, if it is public. If you could just get us that detailed information, I would appreciate it. I talked about these quick payments. Of the 124,000 claimants who have been paid, do you know what percentage are quick payments? Mr. Feinberg. I can say this. We paid 168,000, as Senator Landrieu pointed out, 168,000 emergency payments. Since that time, since those 168,000 were paid, we have paid an additional 85,000, approximately, quick payments in the last 5 weeks. So we have made 168,000 emergency payments plus 85,000 quick payments. Senator Vitter. OK. We may be using slightly different terms. My understanding is that of all payments to claimants, over half are quick payments, and in Louisiana, it is over 57 percent. Does that sound like it is roughly accurate? Mr. Feinberg. No, I do not think so. I mean, it may be. I would have to go back and do the math. The 85,000 quick payments have all been made in the last 5 weeks as supplemental payments. I would have to go back and do the math and give you those statistics. Senator Vitter. OK, again, that is the statistics I have, and the general point is that a huge percentage of claimants paid are quick payments. Mr. Feinberg. That is true. Senator Vitter. My understanding is over half. Again, in Louisiana, my understanding is over 57 percent. If you look at those quick payments, my understanding is that 92 percent go to retail, service, restaurant-type folks. Mr. Feinberg. I do not know how anybody has that information. I can check and see. I doubt that is true. Senator Vitter. OK. And my understanding, that compared to that, about 5 percent go to seafood-related folks. Now, there are a lot less seafood-related folks than the other category. I understand that. But I think there is something else at work, which is that a lot of the payments, a lot of the success, a lot of the numbers that you cite, and it is appropriate to cite it, is essentially the low-hanging fruit. It is essentially the easiest cases to do. And my concern is that the folks most impacted, most hit, and sometimes in most dire straits are not the low-hanging fruit and are still waiting and in dire straits. Do you have a general response to that? Mr. Feinberg. I do not--I would characterize it differently. I would say that those who have accepted the quick payment are either individuals who feel that they have been adequately compensated and here is additional compensation that is available simply by signing a release or individuals who cannot document any further damage and therefore see the wisdom of accepting these payments. I agree completely with you, Senator, that fishermen and shrimpers and commercial businesses dependent on Gulf resources are waiting impatiently for the Final Payment and the Interim Payment Program, which will be announced next week, because they are the ones with long-term decisions to make about whether to take the money and issue a release or wait and see over time how the future will develop in the Gulf. Senator Vitter. OK. Well, again, let me just state my conclusion, and people can reach different conclusions. I think these numbers, which are strong in dollar figures, in claimants paid, in many ways, do represent the easiest cases, and my concern is that the folks most hard hit are by definition generally not in that category. Mr. Feinberg. Senator, I just want to make one other point, which is it is a very interesting point you are making. I get criticized for the opposite. I get criticized that people who take the quick payment are desperate. I do not believe this myself, but this is the argument I hear. It is the exact opposite of your argument. It is, Mr. Feinberg, people who take the quick payment cannot afford to wait. They are tempted. They are desperate, so they take the quick payment because they need it desperately. You are making a different argument, which I tend to share, and that is that people, commercial fishermen, shrimpers, people who have a long-term view of the Gulf, are in desperate need--Senator Shelby says it has been delayed too long--for these final payments and interim payments. So I am basically in agreement with you that I have to get these final payments out to these people, these fishermen who really need this. Senator Vitter. Can you come back to me? I have some more questions. Senator Landrieu. Yes, I can come back to you. Let me get Senator Nelson and then I will come right back to you. Go ahead. Senator Nelson. Thank you for your service. I just want to underscore what that chart says. You see that the number of claims, even though the spill was closer to the other three States than it was to Florida, nevertheless, there are almost 800 miles of Gulf Coast coastline in our State and that has spawned 162,000 claimants, compared, for example, where the spill was right next to Louisiana, 194,000. And it is simply that a spill far away is still affecting a State like Florida. And our people are frustrated and I want to bring those frustrations to you, Mr. Feinberg, respectfully. Take, for example, a lady named Susan that was in the process of renting vacation homes. That is how she made her living. She put in a claim. Obviously, she was impacted because vacationers did not come, and her claim was denied. Or take Theresa, who was selling advertising in directories and vacation guides for tourists. When the tourists did not come because they thought there was oil on the beaches--she is a disabled woman, that is her only source of income, and her claim was denied. And so I want to ask five questions, and if I cannot get to it, since I did not have an opening statement, I am down to three-and-a-quarter minutes---- Senator Landrieu. Go ahead. Senator Nelson. Let me just say, first of all, your structuring of the claims process. Are the folks that are processing the claims given some sort of worksheet or instructions how to determine when all of the required documentation is complete, and is that instruction sheet there in order to determine how much the compensation should be? Mr. Feinberg. Yes---- Senator Nelson. In other words, I am looking for uniformity. Mr. Feinberg. Yes. There is an instruction sheet. They have been trained. The claims intake people in Florida do not calculate the amount, but they make sure with their instruction sheet that all the necessary documentation to process the claim is there, is available, and is submitted. Senator Nelson. OK. As in any big organization, somewhere it has broken down with, for example, the two I just mentioned. All right. Question number two, we have seen with similar documentation different outcomes. So in what ways do you oversee that the claims are processed so as to try to get as much consistency as possible? Mr. Feinberg. In a small number of cases, relatively speaking, there is inconsistency. You are absolutely right. It is inevitable. There are 500,000 claims, Senator, that we have processed in 5 months. I agree with you, there is inconsistency. We are trying to deal with it in our facility here in Washington. Where we see inconsistency, we flag it. We correct it. I went down to Alabama and Florida and met with people who claimed inconsistency and we fixed some of them, but not enough. And I agree with you, we have to do a better job of uniformity. I agree completely. Senator Nelson. OK. Now, there is a need for an expedited review when there are folks that are desperate--electricity shut off, foreclosure, cannot afford the basic necessities of life. Is there an expedited review? Mr. Feinberg. Senator, I think the answer to that is categorically yes. We have paid 168,000 people, including in Florida 160,000 emergency benefits in 90 days without requiring any release or anything. Now, there may be some people, Susan or Theresa or others, who for whatever the reason. But when those claims have been brought to my attention, we have done what we have to do to try and accelerate those claims. I am mindful of this criticism. Senator Landrieu. Go ahead and take another minute, Senator. Senator Nelson. People are hurting. When you have your electricity shut off, they are hurting. All right. Now, you, your organization has said they are going to release the formula in February. Mr. Feinberg. February 2, Tuesday. Senator Nelson. All right. Would it not have been a wise thing to do, to be beneficial to the people that are making the claim, to know how those claims were going to be evaluated before they submitted those claims? Mr. Feinberg. Absolutely. On February 2, next Tuesday, we are going to release for a 2-week public comment period the opportunity for claimants, experts, whoever, to comment before we start processing the claims next month, the final payments, to review the methodology, review the criteria for people like Susan and Theresa, and decide what they think before we process that claim, if they like the approach we are going to take. Senator Nelson. That is a step in the right direction. And then I will just say that you all said that there is an appeal process to the Coast Guard? Senator Landrieu. Yes. Senator Nelson. Where is there not an appeal process to your facility? Mr. Feinberg. There is. We are implementing a very limited---- Senator Landrieu. Thirty seconds. Mr. Feinberg [continuing]. Appeals process, a very limited appeals process for high-end claims. There are so many claims, Senator Nelson. I do not want to bog down the processing of the claims with what could be thousands of appeals. Those individuals who are denied or who do not get what they want can immediately appeal to the Coast Guard and that is a separate appeal opportunity for any claimant. Senator Landrieu. OK. We have to move to the second panel, but every member will get another 2 minutes on this round, and I know, Senator Vitter, you had another question or two. Senator Vitter. Thank you very much, Madam Chairman. Let me pick up where I left off. My concern is that, in terms of the payments that have been made, a lot of which are quick payments, that has not hit the seafood and seafood processing community significantly. And so the seafood sector remains unaddressed compared to other sectors, and that is a big and important sector, very hard hit in Louisiana. Let me give you some examples. You came to Louisiana for some town hall meetings in January. Thank you for that. You were presented with a lot of cases that folks that were not resolved, were not being adequately dealt with from their point of view. Tracy and Mike Roberts from Barataria were at the Lafitte town hall and they brought up their claim. Michelle Chauncey [phonetic], also from Barataria, she was at the same meeting. Rudy Carmandell [phonetic] from Crown Point, he was a fisherman. He explained that his paperwork was not straight and the Claims Facility said, well, the problem was he needed to get something signed off by the boat captain. That really frustrated him, because guess what, he is the boat captain. In all of those cases, you said, ``I am going to look into it. We are going to get back to you.'' My information is that in all of those cases, they have not heard anything, nothing new, nothing at all from the Claims Facility since that town hall meeting. Do you want to respond to that, and how can we fix that and address that? Mr. Feinberg. I do not believe--if I have not responded to individuals who handed me a claim in a visit to Louisiana, shame on me. I would like to know, Senator, through your staff, the names of those individuals or their claim numbers and I will be back to you and your staff forthwith. Senator Vitter. OK. We will give you those three. Can I ask you, in those three Louisiana town hall meetings, by definition, there are obviously a limited number of people who could stand up, could you all also report to us who is on that list and what has happened to those people since those meetings? Mr. Feinberg. Yes. Senator Vitter. Great. Senator Landrieu. Senator Shelby, and then I will get Senator Carper. Senator Shelby. Thank you, Madam Chairman. I will be brief. Mr. Feinberg, I know you have a very difficult task. I understand that. As I said, I have known you a long time and I know you are working to resolve this. It is not easy. It is complex. But I think my people in Alabama, just like Florida, Louisiana, Mississippi, Texas, and others, they are interested in a fair process, a process that can be expedited, because time is everything to them right now, to try to get over the winter into the spring and praying and hoping that they can get another season. You have been to Alabama several times and I appreciate that, just like the others. You have been involved and we want you to continue to do this. We know you cannot process every claim yourself, that you rely on your staff and so forth. And you have made a lot of people happy. I am not saying whole. I do not know that. But we have a long way to go and that is what my people want you to do, is to finish the job, finish it as expeditiously as you can, and do the right thing. Mr. Feinberg Thank you, Senator. Senator Shelby. That is all I ask you. Mr. Feinberg. Thank you. Senator Landrieu. Senator Carper. Senator Carper. Thanks. Welcome, one and all. It is very nice to see you. Mr. Feinberg, thank you for taking this on. Sometimes I think you almost need the wisdom of Solomon to be able to do this fair and square, so we appreciate your efforts and those of Mr. Bennett, too, to be fair. I understand, and this is really a question both to Mr. Bennett and to Mr. Feinberg, but I understand that under current law, if a claim is denied or if it is not handled, by the responsible party within, I think it is 90 days, then that claim can be presented to the Coast Guard for adjudication for payment out of the Oil Spill Liability Trust Fund. Is that correct? Mr. Feinberg. That is correct, Senator. Senator Carper. OK. Mr. Feinberg, I think you called this sort of a built-in appeals process. I think that is what--is that what you call it? Mr. Feinberg. There are two appeals processes. There is the one that you have just described and then there is an additional appeals process that the Gulf Coast Claims Facility has created independent of the Coast Guard. Senator Carper. OK. Mr. Bennett, I am told that over 500 claims have been received by your office thus far, but of those reviewed, none have been paid. Let me just ask, what do you believe the chances are that this will continue? That is my first question. What do you believe the chances are that this will continue? And secondly, is your office able to handle what I understand are an ever-increasing number of claims that are being submitted to your office every month? Mr. Bennett. Thank you, Senator. That is a good question. You are correct. My office has received to date 507 claims that have all been presented previously to the Gulf Coast Claims Facility and either denied, or in some cases paid before we got to it, or the payment did not meet the claimant's satisfaction, so they brought it to us. So that is 507 out of the hundreds of thousands that are on there. We have finished adjudicating---- Senator Carper. So in a case where they submit their claim to Mr. Feinberg's folks for like, say, $200, they got $100, but they are not satisfied. So they come to you for the second $100? Is that right? Mr. Bennett. That is correct, Senator. They can bring it to us. It is not really an appeal of his decision because it is sort of an arm's length relationship between the two of us. But we are an alternate source for adjudicating. So as long as it has been properly presented to the responsible party, in this case the Gulf Coast Claims Facility, if after 90 days or denial, then they can bring it to us and we will take a re-look at it. We have an arm's length relationship, so we try to understand what it was that they did. We want to make sure they have not already paid it, which we found in about 10 percent of the cases the claimant has been paid, so we end up sending a denial. And then we adjudicate it in our own process and get back to the claimants. We have adjudicated 200 and all of those have been denials to date. I cannot predict that it will continue to go at that rate. I think that is primarily an indication of the fact that the protocols that are out there that BP and GCCF have been able to do have actually been more inclusive than OPA requires. They can pay for personal injury. They can pay emergency advance payments. I cannot pay advance payments. Their final claims protocol will include prospective losses. I cannot pay for speculative losses. So there are a lot of reasons why when they---- Senator Carper. Let me just ask you this. Stop right there. I want to go back to my second question. Is your office able to handle what I understand to be an increasing claims load demand? Are you able to handle it? Mr. Bennett. Senator, that has been a concern of mine for the last 7 months, is what happens if we get a deluge, and so far, we have not seen that deluge. So far, we have been able to scale up. I have stood up a separate staff just for Deepwater Horizon claims and we have been able to keep up with the calls and the claims that have come in. I cannot--it depends on what happens in the future. We will continue to scale as we need to, using the resources that we have. But for right now, we have been able to stay up. Mr. Feinber Senator, I just want to say one thing about this. Mr. Bennett has made two--from my perspective, he has made my day. First, the Coast Guard has acknowledged in this testimony that the GCCF is more generous and more open in finding eligibility than OPA requires. I have said that from day one. And second, the Coast Guard has publicly stated today at this hearing that it has received 507 appeals from the GCCF, and about half of those, we have adjudicated and affirmed the decision without exception of the GCCF. Senator Carper. Good. Thank you. Last question, if I may. Mr. Feinberg, how are you ensuring that you do not deny a claim the government might pay or that no claims fall through the cracks? If the Coast Guard did pay a claim that you missed, would we be able to be reimbursed for those funds? Mr. Feinberg. I do not understand the question. Senator Carper. I will say it again. Mr. Bennett. Can I answer that? Senator Carper. Please. Mr. Bennett. Senator, if I pay a claim that he denied, the responsible party is liable for that expense because it comes out of the trust fund. So I would then bill BP for any and all claims that we pay and we would be reimbursed by BP. Senator Landrieu. And they would probably bill him. He has the $20 billion. Mr. Bennett. They would work that out between themselves. Yes, ma'am, that would probably come out of the escrow account. Senator Carper. All right. OK. Thanks, Madam Chairman. Senator Landrieu. Senator Carper, good question. Senator Nelson. Senator Nelson. Thank you, Madam Chairman, and I want to thank you for doing this. I want to thank you, Mr. Feinberg, for coming several times to the Gulf Coast. Now, I want to go back to your last question. You do not want the appeals process to bog down your process of paying claims, but we would have to worry about that over in the Coast Guard, as well, and we would have to worry about the courts getting clogged. And so if you will go back and reevaluate that, because at the end of the day, what we are trying to do is help people. And so there is some breakdown there. Now, there is some breakdown also--for example, I have seen our staff in my Florida offices work miracles. Mr. Feinberg. That is right. Senator Nelson. People have come to us. They have a claim that is bogged down. We get in touch with your facility and they work it out. But more recently, maybe it is the holidays, the middle of December, I sent to the Facility 40 cases, and it is well over a month and 10 days later. And so I followed up with another letter just recently. If you would attend to that, I sure would appreciate it. Mr. Feinberg. I think I have an answer for that. You are right. I will attend to that. I think the reason those 40 claims are sitting, waiting to be processed, is because of the delay that I imposed in the methodology for finalizing payments, final payments in Florida. And as I said, Senator, we are accelerating that. We are going to announce that methodology next Tuesday, and a 2-week public comment period, and then we will be paying all 40 of those claims, and I will keep your staff posted on that. Senator Nelson. Thank you, Madam Chairman. Senator Landrieu. We are going to wrap this panel, but I want to put a couple of things in the record. One, 194,000 claimants have filed claims to date in Louisiana. Forty-four percent have been paid. One-hundred- sixty-two thousand in Florida. Sixty percent have been paid. Sixty-eight thousand in Alabama. Sixty percent have been paid. Fifty-two thousand in Mississippi. Forty-two percent have been paid. Texas, 10,000. Thirty percent have been paid. Now, these are quick payments, emergency payments, interim payments. I am not sure that we have even yet to see the final settlements, and we do not have those complete numbers. But it just gives us a rough snapshot. But Senator Vitter is absolutely correct that these percentages, while they do tell a part of the story, it is the easier claims, the smaller claims being paid, and some of the businesses that were most affected, particularly in the fisheries and fishing and seafood sector that were the hardest hit have yet to be paid. So I think, Mr. Feinberg and also Mr. Bennett, we should keep our mind on that. Second, we did go find a claims letter, and I want to read it for the record because, to me, this is insufficient. I am not going to read the whole letter, but the operative is, you are denied. Your claim has been denied. You did not provide sufficient documentation. In this form letter, there is no comment about what documentation you failed to provide. It does not say, you did not provide your birth certificate, or you failed to provide a copy of your fishing license, or you failed to provide the address of your business. No specifics about documentation. And then it says, and if you have questions about your denial, you can call this toll-free number. So what I am going to do before the next hearing, because I am going to call another one, is I personally, with my staff, am going to get 20 people that have these denial letters, four from each State. That would be 20, is that correct? Four times five? We are going to do 20, four from each State. And I am going to call this number, Mr. Feinberg, and I am going to hope to get on the other end someone that is going to pull up their account and say, Ms. Jones or Mr. Jones, your claim was denied because, your address was bogus, or because you said you were in the restaurant business, but you are actually in the dry cleaning business and we found out about it and we are not paying you, or something. And then, Mr. Feinberg, I will tell you, the next hearing I have, I am going to have your Chief Operating Officers (COOs) in front of this panel, because you have a good big picture and I think you have a really good handle on the philosophy and strategic elements of this, but I am convinced, getting more and more convinced, unfortunately, that there is something lost between your vision and actually what is happening on the ground. And we just--this is getting to be now fairly desperate for some of our businesses and some of our people. So let us end this panel on a positive note, but I am going to do another review here in several weeks and give everybody time to recoup. I want to go to the second panel. And I am also going to submit two other things for the record. Our State submitted industry-specific compensation models for your review, Mr. Feinberg, and they have not received a response, and that is an official submittal from a very high office, maybe not from the Governor himself, but from someone at a very high office. And from the State of Florida, your Chief Financial Officer, Jeff Atwater, sent a letter from Florida to you.\1\ They have not been given a response. So we do need--I know you postponed some things, but this February 2 announcement, of course, is an important one. Florida and Louisiana have submitted some specifics to you. So let us please get on that, and we will see you all back here in about 4 weeks, OK? --------------------------------------------------------------------------- \1\ Item referenced by Senator Landrieu appears in the appendix on page 94. --------------------------------------------------------------------------- Mr. Feinberg. Thank you, Senator. Senator Landrieu. All right. Thank you. And if the second panel will come forward, I am going to ask Admiral Broderick to go first. I know he has a tight flight schedule and I am sorry this has been delayed slightly. I really appreciate you all making the effort to be here given the weather conditions outside. Admiral Broderick is from the Substance Abuse and Mental Health Services Administration (SAMHSA), where he serves as Deputy Administrator. He has served for 34 years with the Department. He is a Commissioned Officer in the U.S. Public Health Service. He has extensive experience as a Clinician and he is here to testify about the oil spill's impacts on the mental health of some of these communities and the stress that has been placed on individuals, families, and businesses throughout the Gulf. So, Admiral, why don't we start with you and then I will introduce the other panelists in a moment. TESTIMONY OF REAR ADMIRAL ERIC B. BRODERICK,\1\ D.D.S., M.P.H., DEPUTY ADMINISTRATOR, SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Admiral Broderick. Thank you, Madam Chairman. Thank you for indulging my schedule. If you do have questions of me, if the Subcommittee has questions of me, I would be happy to answer them for the record afterwards. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. Broderick appears in the appendix on page 53. --------------------------------------------------------------------------- I am pleased to have this time to share with you a few highlights of SAMHSA's efforts in the Deepwater Horizon oil spill recovery and response. I am joining you today on behalf of SAMHSA's Administrator, Pamela Hyde, who was unable to attend the hearing, yet she has been very involved with SAMHSA's role in the oil spill response. As part of SAMHSA's mission to reduce the impact of substance abuse and mental illness on American communities, behavioral health is an essential part of health. We know that prevention works, that treatment is effective, and that people recover from mental health and substance use disorders. Traumatic events, such as the Deepwater Horizon oil spill, placed a heavy burden on individuals, families, and communities and create challenges for public institutions and service systems, especially the behavioral health system. SAMHSA and the behavioral health community know that disasters often precipitate mental and substance use disorders, which can be triggered when hope seems gone, security is threatened, and lives and property are lost. Addressing these behavioral health needs is critical to the recovery for individuals, families, and communities affected by the Deepwater Horizon oil spill and efforts will be necessary for years to come. With appropriate support and intervention, people can overcome adversity and move forward. As part of the coordinated Department of Health and Human Services (HHS) response, we at SAMHSA worked to help ensure that the immediate behavioral health needs of affected individuals were addressed in the immediate aftermath of the oil spill and we will continue to address these evolving needs over time. State reports show increased behavioral health needs in the Gulf region in the wake of the oil spill. These reports document an increase in incidents of psychiatric disorders, anxiety and depression, increase in the incidence of substance use, and higher risks of suicide. The rate of family breakdown, including domestic violence, are also on the rise. These outcomes, while troubling, were not unexpected. These increased behavioral health needs are similar to those observed after Hurricane Katrina as well as after the Exxon Valdez oil spill in 1989. The current situation in the Gulf is exacerbated by the fact that it occurs in the same region impacted by Hurricanes Rita and Katrina in 2005. We know that when multiple events happen over the course of time, individuals in those regions are at heightened risk for behavioral health disorders. SAMHSA has been engaged in supporting the impacted States since the day after the oil spill. We have provided technical support and assistance to the States to assess and meet the mental health and related substance abuse needs concerning the affected communities. SAMHSA has been in contact with State officials assessing needs and helping States formulate response plans, including the development of a shared template to gather information and address the emergent needs and provide technical assistance to States in their request for funds from BP for behavioral health services. In addition, SAMHSA immediately began making relevant and useful information available on our website. There are comprehensive resources and information available on behavioral health and the Deepwater Horizon oil spill. An online annotated bibliography continues to provide an extensive list of sources of information. SAMHSA's website also provides links to dozens of other Federal agencies and organizations involved in the response. At the request of Secretary Sebelius at HHS, Administrator Hyde at SAMHSA, and multiple Gulf States, BP provided $52 million to fund mental health and substance abuse support services. Funds went to SAMHSA and to four States affected most in the region, Louisiana, Mississippi, Alabama, and Florida. Of this $52 million, SAMHSA received $10 million to launch a toll- free crisis counseling hotline for residents of the affected States, to develop behavioral health educational materials for public health information, and to conduct surveillance of ongoing behavioral health needs for individuals affected by the spill. SAMHSA created and successfully launched the Oil Spill Distress Helpline, 1-800-985-5990. This toll-free helpline provides information, support, and counseling for those affected by the Deepwater Horizon disaster. SAMHSA has also undertaken extensive regional public education campaigns to raise awareness of the potential behavioral health impacts of the spill and to connect those in need with available services. SAMHSA has assisted in the coordination of local and regional outreach activities to promote awareness of the hotline number. We have also disseminated public education and outreach materials on behavioral health among the residents of the affected communities. We have also developed and distributed television, radio, and print announcements to the public. In addition, the $10 million that BP provided to us also provided funds that we have used in coordination with our Federal partners to do surveillance of the mental health and substance abuse needs of the community. This includes collaboration with the Centers for Disease Control (CDC), who is in the process now of conducting a telephone survey in the Gulf. That survey began on the 15th of December and will continue for a year. We also recently announced the provision of about $650,000 in grants to the four States. They amount to about $162,000 per State to provide States funds to monitor the mental health and substance abuse services being provided to the people that they encounter in those communities. SAMHSA's efforts represent only a part of the Federal Government's comprehensive response to the Deepwater spill. Despite many hardships, people of the Gulf are doing their best to stay connected with friends of family, take care of themselves and their neighbors. I have to tell you, Senator, the resilience of the folks in your jurisdictions are truly phenomenal. They are very, very resilient people given what they have encountered over the last decade. It is truly amazing to us to see that. History tells us, however, that the emotional impact of the devastation is going to continue and we need to be very vigilant of that and monitor carefully how those communities are doing. As such, the Oil Spill Distress Line will be operational through 2011. Public Service Announcements (PSAs) and information on our websites will continue to be updated and disseminated. Surveillance will continue. And coordination with State and voluntary providers will persist until such time as the indicators signal that they are no longer needed. Senator Landrieu. Would you wrap up, if you would, please. Admiral Broderick. Sure. Now that the immediate response phase has come to an end, we are shifting our focus to the long-term recovery efforts for the Gulf Coast residents and to help them rebuild their lives. It has been my pleasure to be here, Madam Chairman, and I would be happy to, as I said, answer any questions for the record that you might have. Senator Landrieu. Thank you, Admiral. I do have one question, then we will excuse you because I know of your flight, and then we will go to the rest of the panel. Admiral Broderick. OK. Senator Landrieu. Under the total amount of $52 million that BP contributed, and they did this voluntarily---- Admiral Broderick. Correct. Senator Landrieu [continuing]. Because I want to say for the record, there is no law requiring them to contribute in any way to social services, mental health. It was not contemplated in the Oil Pollution Act. It is being, of course, thought about now since the repercussions are so clear and widespread. But SAMHSA was provided $10 million by BP. Did you have any money on hand as an agency prior to the $10 million given to you by this BP contribution to respond as an agency? Admiral Broderick. We have authority, Madam Chairman, to do SAMHSA Emergency Response Grants, and this was a bit different in that there was no Stafford Act declaration. Senator Landrieu. Right. Admiral Broderick. So FEMA funds were not available. And in those instances when---- Senator Landrieu. So what was available? Admiral Broderick. What was available is SAMHSA's general appropriation. And so while we have the authority to provide funds to communities in response to disasters. We do not have a specific budget line item for that, so we would shift funds around in those instances---- Senator Landrieu. And how much did you shift around to accommodate this situation? Admiral Broderick. We did not. The $650,000 that we provided to the four States came out of the $10 million that BP provided us. Senator Landrieu. And what did you do with the other---- Admiral Broderick. The rest of the $10 million? Senator Landrieu. The rest of the $10 million. Admiral Broderick. Six million goes to surveillance. A hundred-and---- Senator Landrieu. Surveillance? What does that mean? Admiral Broderick. Epidemiologic surveillance, monitoring the substance abuse and mental health conditions of Gulf Coast residents---- Senator Landrieu. So just reporting it, but not treating it? Admiral Broderick. Correct. It goes to monitoring---- Senator Landrieu. Identifying it, reporting it, but not treating it. Admiral Broderick. Right. Epidemiologic---- Senator Landrieu. So of the $10 million that went to you, only $650,000 went for---- Admiral Broderick. Correct. The responsibility for treatment is the responsibility of the States. In these kinds of situations, our mission is to coordinate a response and to do things that cut across the entire region. The $42 million of the $52 million that was provided was provided to those States, and those States then were the ones that provided treatment to people. Senator Landrieu. OK. And was that agreed to between SAMHSA and the States, that you all would do all of the identification and reporting so that they could use 100 percent of their money for treatment? Do you know if that was ever---- Admiral Broderick. Actually, the Administrator convened all five States in Atlanta in June, and I mentioned the development of a common template. Essentially what that was a common format for a claim, if you will, by each of the States to BP. And so we submitted our claim for the things that States would not do, the things that cut across the whole region. For instance, that telephone number is available to anybody in the region. The surveillance occurs across the entire region. The Public Service Announcements occur across the entire region. And the States then submitted their requests, which totaled $42 million, that BP then paid to the States specifically for treatment. We did agree that we would--our request would cover the things that cut across the region and the States would request funds for treatment. Senator Landrieu. Because I am going to be asking each State to give this Subcommittee a very detailed report of how they spent, in Louisiana, 15, in Mississippi, 12, Alabama, 12, and Florida, approximately 2.4, and we are going to ask you for detail on your $10 million, and then $1 million went to Catholic Charities. I know that you have to leave, so let me go ahead and excuse you now and thank you for your testimony. Admiral Broderick. Thank you. Senator Landrieu. Mr. Keller, if we can first go to you, I guess, and then we will come back to Mr. Costanza and Ms. West. Thank you again, Admiral. I appreciate it. Mr. Keller, go ahead and outline what BP felt under its-- you do not have a legal obligation, but you all have made a fairly significant commitment here. There are still some great needs and we will discuss that as you go on, but go ahead and proceed. You have 5 minutes. TESTIMONY OF ALBERT L. KELLER,\1\ EXECUTIVE VICE PRESIDENT, GULF COAST RESTORATION ORGANIZATION, BP AMERICA, INC. Mr. Keller. Thank you, Chairman Landrieu. I am Luke Keller, Executive Vice President for BP America's Gulf Coast Restoration Organization (GCRO). I welcome your invitation to share information with you about the process for addressing State and local government claims relating to the Deepwater Horizon accident and BP's contributions to various social services providers. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. Keller appears in the appendix on page 59. --------------------------------------------------------------------------- The Deepwater Horizon accident has profoundly affected all of us. We have deep sorrow for the lives lost, the injuries sustained, and the impacts to the Gulf Coast communities. The GCRO was formed in the summer of 2010 and manages all aspects of the response to the Deepwater Horizon accident in the Gulf of Mexico. We have offices and dedicated local teams in Louisiana, Mississippi, Alabama, Florida, and Texas. We essentially oversee four functions: Spill response and removal, economic restoration, environmental restoration, and restoring trust. Within days of the incident, we established a robust claims process to address claims by individuals, businesses, and government entities. Our central focus has been and remains the fair and proper resolution of all legitimate claims. In the GCRO, we work closely with State and local governments to ensure we meet our commitments to the people of the Gulf Coast. And at the request of State Government leaders, BP has provided advances to cover anticipated response and removal costs even before they were incurred, approximately $291 million to Louisiana, $75 million to Mississippi, $56 million to Alabama, and $50 million to Florida. Advances were also made to governments for alleged losses of tax revenue. BP has a Government Claims Group within the GCRO that is dedicated full-time to addressing claims filed by government entities. We provide regular public reporting on our government claims process and also send periodic newsletters to government claimants. Senator Landrieu. Mr. Keller, let me just interrupt you just a minute, and you may want to regroup. We had asked you specifically to come and talk about the mental health, community outreach piece. So you can submit the rest in writing, but we were very, very clear about the subject of this hearing. So why do you not think about what you might want to say about that and I am going to go to Mr. Costanza and Ms. West now and then we will come back to you and you can add some thoughts to what BP is observing in the area about community stress or strain, how the process is impacting people, not so much--I mean, everybody is fairly aware of what you all have set up and we are grateful for what you all have done so far, but we want to really stay focused on the human aspect of this. Mr. Costanza, let me introduce you so people know who you are. I do, but Tom is the Executive Director of the Office of Justice and Peace for Catholic Charities. He is also the Chair of the Greater New Orleans Disaster Recovery Partnership that has been working, unfortunately, too hard and overtime since Hurricanes Katrina, Rita, Gustav, Ike, and now the BP spill. I just want to compliment you and Catholic Charities for taking a leadership role through all of these storms and disasters with so many different religious organizations and community-based organizations to try to help our people through some difficult times. So we will start with you, and let me also introduce Ms. West, and then we will go right to you. She serves as Chair of the South Mississippi Voluntary Organizations Active in Disasters. You all have been working very closely together. International Relief and Development (IRD) and the U.S. Gulf Coast Community Resource Center have assisted over 10,000 clients with hurricane recovery and long-term needs since 2005. So, Mr. Costanza, let us start with you. TESTIMONY OF TOM COSTANZA,\1\ EXECUTIVE DIRECTOR, OFFICE OF JUSTICE AND PEACE, CATHOLIC CHARITIES, ARCHDIOCESE OF NEW ORLEANS Mr. Costanza. Good afternoon, Chairman Landrieu, and thank you for your leadership in all these disasters. We do try to work together as NGOs in partnership and we feel that is the best way to help people effectively recover. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. Costanza appears in the appendix on page 63. --------------------------------------------------------------------------- My name is Tom Costanza with Catholic Charities in the Archdiocese of New Orleans (CCANO) and I would like to begin by remembering the families that lost loved ones and for the families impacted by this current disaster. The anxiety level is high and getting higher in our communities across Southeast Louisiana, and much of this is due, unfortunately, to the claims process and structure. Although the process has paid claims, there is much confusion about its inconsistent methodology, fairness, lack of access to information, lack of local decisionmaking, and lack of concrete, useful information as to why claims were denied and what they can do to correct it. A real issue right now is a total of 4,230 fishing sector claims have been denied for insufficient documentation at the end of the emergency phase. Some are losing homes and vehicles. There is increased stress and anxiety because of frustration with the claims process and reduced incomes. Many are having difficulty finding other employment. Oystermen are concerned about the long-term loss of the oyster beds, and shrimpers are concerned over price and production levels. However, the nonprofit sector is responding. Along with many other NGOs, five local Catholic Charities and Second Harvest Food Bank agencies along the Gulf Coast have provided food, relief, and recovery services to people impacted by the disaster. A simple story is recently one of our case managers helped a fisherman with food, room, assistance, and counseling until he can find some temporary work because he cannot fish anymore. This shows you a human side of this recovery where a case manager is critical and important to develop that relationship and recovery. We are very grateful to BP for the initial direct assistance and mental health funds which we are using, but without the proven holistic approach to family recovery, including case management, direct assistance, financial counseling, the recovery simply is less effective. Responding Catholic Charities agencies report a collective total of nearly $2.7 million in resources we have raised and delivered to the oil spill-impacted population. We are asking both the Gulf Coast Claims Facility and the Gulf Coast Restoration Organization staff to sit down with the nonprofit and faith-based organizations and work together in service to the common good of the residents in our coastal communities. In addition, we recommend the following. We need to absolutely fast track and resolve the 4,200 fishing industry claims that were denied. This is critical. These are the vulnerable families. These are the families that need immediate assistance and cannot wait until the interim claim process is ironed out. We need to restructure the claims process for the fishing community using knowledge and protocols developed by industry experts with special cultural sensitivity to the highly impacted Asian Pacific population. And we must fund the NGO Technical Assistance Providers Network proposal to increase the claims quality and approval rates. In order to stabilize our families during this critical period, we would like to get the Family Stabilization Grant funded, because this would directly help people with rent, utilities, counseling, job development, so they can make it through this tough time. We need to be aware of health care and monitoring of toxic exposure, especially for children and the oil spill cleanup workers, and provide primary health care access and services in these coastal communities. We should pay subsistence claims, fund food banks, and streamline the Food Stamp application to the two-page Disaster Food Stamp Form to alleviate food insecurity. And in terms of long term, we have brought that up, should dedicate some of the fines from the Clean Water Act to human recovery, to look at the tax policy relative to spreading their final claims over a period of years, and as you mentioned before, to revise the Oil Spill Pollution Act to include human recovery. We welcome the opportunity to continue to work together with BP and the Gulf Coast Restoration Organization. We have worked successfully with the Feinberg team in D.C. on some special critical cases and we look forward to building on that relationship. I would like to end with a quote from Archbishop Aymond. ``Many of these same families have rebuilt their lives after Hurricane Katrina and are a sign of hope for us all. They are a vibrant people.'' Thank you. Senator Landrieu. Thank you, Tom. Ms. West. TESTIMONY OF LORI R. WEST,\1\ CHAIRMAN, SOUTH MISSISSIPPI VOLUNTARY ORGANIZATIONS ACTIVE IN DISASTERS Ms. West. Madam Chairman, I am honored to be here today to provide you testimony to this prestigious Subcommittee on behalf of South Mississippi VOAD, Voluntary Organizations Active in Disasters (SMVOAD), and International Relief and Development. --------------------------------------------------------------------------- \1\ The prepared statement of Ms. West appears in the appendix on page 81. --------------------------------------------------------------------------- Since 2005, the members of SMVOAD have been working together to address the effects of Hurricane Katrina, the Nation's largest natural disaster. Members of SMVOAD include the American Red Cross, Catholic Charities, Hope CDA, Interfaith Disaster Task Force, International Relief and Development, Lutheran-Episcopal Services of Mississippi, Salvation Army, STEPS Coalition, the United Way of South Mississippi, and I have attached a complete list to this testimony. Since June 2010 and continuing through January 2011, SMVOAD and IRD have held frequent meetings with British Petroleum to try and address the effects of the Deepwater Horizon oil spill on the residents of the Gulf Coast. We have submitted multiple humanitarian proposals to BP and have revised the proposals in response to BP's feedback. The time and effort expended by SMVOAD members on this issue has been significant because we believe the problems faced by the people of Mississippi and those along the Gulf Coast are considerable. I would like to draw your attention to an August 2010 study by the National Center for Disaster Preparedness (NCDP) at Columbia University's Mailman School of Public Health. I believe this study is important because it has identified some of the key findings which clearly show the impact the spill has had on our local populations. More specifically, the study states the following. More than 40 percent of the population living within 10 miles of the coast have experienced some direct exposure to the spill. One in five households has seen their income decrease as a result of the spill, and 8 percent have lost jobs. More than one-quarter of the coastal residents think they may have to move from the area because of the spill. The oil spill had the greatest impact on those with the fewest economic resources, much like Hurricane Katrina. Coastal residents earning less than $25,000 a year were more likely to report having an income loss than those earning more. In the summer of 2010, the United Way of South Mississippi and the United Way of Jackson and George Counties, the Gulf Coast Business Council, and the Mississippi Center for Nonprofits conducted a survey of health, education, employment, finances, arts, and tourism to measure the impact of the oil spill on the residents. The survey found that the top six issues facing residents were stress, loss of job or income, increased need for food assistance, problems meeting car, rent, or mortgage payments, problems purchasing prescription drugs, and loss of health insurance or other benefits. Also, nearly 70 percent of the nonprofit organizations that reported a decrease in fundraising since May 1, 2010, indicated that the oil spill was a significant or moderate reason for that decrease. More than 80 percent of all the nonprofits surveyed expected a decrease in fundraising for the next 90 days. Despite these negative impacts on our community and the heroic efforts put forth by SMVOAD and other nonprofit agencies, BP has not yet provided the funding necessary to address the multiple social service needs of the Gulf Coast residents. I have been asked by our members to provide a copy of our major VOAD proposals, including proposals to address the various aspects of the spill's impact on our community, including housing, finances, job and vocational training, and livelihood means. Our members believe that ongoing conversations with BP have provided some feedback regarding the proposals, but BP has stated that any funding of these types of urgent programs will indicate culpability or indirect or tertiary effects of the oil spill, and thus, they seem to have made a decision not to fund these critical programs. There was some hope among SMVOAD members when BP agreed to award $52 million for mental health services to the Gulf Coast residents in 2010. SMVOAD worked with several agencies to present BP with a comprehensive program to address both mental health and basic social service needs for at least 1,300 residents affected by the spill. It remains unclear to our members why the bulk of the proposal was not funded, and no funds were allocated for victims with urgent social service or real day-to-day needs, such as food, rent, transportation, and other critical financial needs. Based on our members' experience serving tens of thousands of Hurricane Katrina victims, SMVOAD and IRD member organizations can say with confidence that offering mental health and case management services without also providing critical housing and vocational needs is largely ineffective. We would like the Subcommittee Members to note that many organizations have expended their own resources to assess and address the impact of the spill on low- to moderate-income families. Between May and September 2010, my organization, IRD, enrolled 976 clients into its case management and direct services program, compared to 266 clients the previous year. Requests for rental assistance also increased, from 236 during the first 4 months of 2010 to 678 in the 5 months between May and September 2010. And in addition, IRD's YouthBuild program, a program that provides job training and GED preparation to at- risk youth in the Gulf area, saw its applicant pool rise from 142 in 2009 to 314 in 2010, immediately after the spill. IRD and members of SMVOAD are addressing the needs of those affected by the spill through a range of direct referral services. Senator Landrieu. Wrap up, if you can. Ms. West. OK. In closing, I know the Subcommittee recognizes that many nonprofit organizations in the Gulf Coast region need additional resources to deliver effective services that will help the residents who have been affected by the oil spill recover, both in the short- and long-term. But today, I am also representing South Mississippi VOAD to ask for more direct support and engagement on this critical issue with BP and its various representatives. Thank you. Senator Landrieu. Thank you. Let me begin with you, Mr. Costanza and Ms. West, to just try to get a handle on the money that has been allocated and how it has been spent. Of the $15 million that went to Louisiana and the $12 million that went to Mississippi, did any of that portion go to the networks that each of you represent, and if so, how much? Mr. Costanza. Of the $15 million, $6.7 went to Catholic Charities and other organizations that are developing the model implementing the comprehensive--it is a comprehensive outreach, treatment, and community resiliency model. Senator Landrieu. And so do we know where the other non---- Mr. Costanza. The State had the remainder. Senator Landrieu. OK. Mr. Costanza. The State had the remainder. Senator Landrieu. So about $6 million went to the network of organizations, and then we will find out about the remainder. And how about with you, Ms. West---- Ms. West. It was a similar percentage. The majority went to the State and then a smaller percentage went to local organizations, mental health specific. Senator Landrieu. OK. Mr. Keller, several of the witnesses directly said or indicated that, potentially, BP feels that if you compensate along these lines, that you think that puts you in either a disadvantage in a case that you would be responsible for all of these mental health issues or social service challenges. Is that true, and did that come into your thinking, and if so, why, and if not, what has prevented you from maybe stepping up and helping a little more? Mr. Keller. Senator, I am unaware of any statement like that has been made, and in fact, we have encouraged our staff on the ground to bring any proposals or requests that come to us forward so we can take a look at those and evaluate them on their merits. Senator Landrieu. OK, because I am aware and have been for months, and it is part of why we wanted you all to come, I think the Catholic Charities has asked BP several times. There are 53 Louisiana NGOs that have come together to talk about a second tranche, if you will, for some direct services, because as you can tell from the testimony in the previous panel, we are going to be at this for another 6 months, a year, or a year and a half--I hope not much longer than that--until all of these claims are paid and settled, but who knows. As I said, 40 percent, 60 percent of claims have been paid, but those have been the low-hanging fruit, the easier claims. Some of these are more difficult claims, so who knows how long this is going to go on and the need is immediate. So there have been, I understand, several proposals from Louisiana, Mississippi, and potentially other States. Will you consider them? Is there something that we should know in your corporate governance that prevents you from at least considering their request, and if not, will you consider them? Mr. Keller. We will consider those, and I do not believe there is anything that prevents us from doing that. Senator Landrieu. OK. Now, I know there is nothing that requires you to do it. I am clear about the law, and I want the petitioners here to understand that BP is under no legal obligation. Now, in addition, BP was not under any legal obligation to set up any fund of relief for rig workers put out of work because of the moratorium. You are not responsible, in my view and many people's view, for people put out of work by the moratorium. The government is. But yet, BP stepped up and you made a special arrangement and we are very grateful, to help with some of those rig workers. And I am thinking that perhaps, because this need is as immediate and as clear as that, in this case, this is directly related to the spill, these families, not necessarily related to any indirect, like the slow down or shutdown of some of the work related to oil and gas in the Gulf, but more so fisheries and people who really saw their livelihoods curtailed. So if you could look at that, it would be very, very helpful. I know that $52 million sounds like a lot of money, but as these numbers are going, it is $20 billion-plus for claims. It does not seem like a lot of money when you think about it relative to all the other money that is being spent, and it is such an important need. Let me, Tom, just ask you to just hit again how you all are working together, because I know you are fairly organized in Louisiana and Mississippi, but what about Alabama? What about Florida? Do you all have any communications with the social groups on the ground there? Mr. Costanza. I am aware of Catholic Charities' disaster response is for the Catholic Charities USA (CCUSA) having conference calls with Mobile in Alabama, but we could do a better job of coordinating a Gulf region response. Senator Landrieu. Ms. West. Ms. West. We have called together the regional VOADs and New Orleans VOAD has joined in a meeting, Louisiana VOAD has come together with South Mississippi VOAD, Mobile VOAD, Baldwin County VOAD, and Alabama VOAD, and we have all come together and have experienced similar situations requesting for this direct assistance and not prevailing. Senator Landrieu. Well, it is clear to me, and we are going to have to wrap up in a minute, that the law is deficient and can be and hopefully will be corrected so that the next time there is an environmental spill of a significant magnitude where there are impacts, not just environmental, not just economic, but community impacts or human service impacts, that the polluter, the violator in this case be held accountable. But in the meantime, I think BP would show a great deal of faith to the community, and as has been stated in many of your hundreds of advertisements, that you are going to really meet your obligations to really consider these proposals. I know that officials from the State of Louisiana have written to Bob Dudley, and that letter was sent on November 18. I am assuming some of the other leaders of the other States have also weighed in. And, of course, I met with Lamar McKay; who I do not see him here, but he was with me to discuss this some weeks ago and I gave him a copy of the State's letter and Catholic Charities proposal. So again, you are under no obligation, but it clearly is a need in the aftermath of a disaster to try to provide some direct assistance for social services. But I will say this, because BP has stepped up in many ways. I am dismayed the Federal Government itself did not have any monies readily available to respond through our own agencies, and I am going to be asking the States in the Gulf Coast what emergency funds they have established in advance so we are not having to scramble for funds just to respond to people's immediate needs every time there is a major natural disaster, or in this case a manmade pollution event. And sometimes, we get there too late and it is tragic. Do you all want to end--Mr. Keller, I would like maybe one more minute from you each as we end. We will start with you and we will close out the panel. Mr. Keller. So I will be very brief. Again, thank you for having me here. I apologize for the misunderstanding, I was under the understanding you wanted me to talk about both our government claims process as well as social services. In a brief minute, I would just close out by saying that we have taken our responsibility very seriously. I understand and appreciate the distinction you make between those things we are obligated to do and those things that we do voluntarily. Just a nugget of information I would add is that, including the rig workers' fund, and other things, such as the $52 million, in behavioral health grants and other contributions; of the total of a little over $1 billion that we have paid into the individual States in response to removal costs, lost revenue, and that sort, we have also, over and above our obligation, for every dollar spent there, have spent somewhere on the order of 30 cents in voluntary contributions. Senator Landrieu. We appreciate that, and just continue to in my view, I would encourage you to live up to your public statements that you are going to make the region whole. There are clearly some gaps, particularly in this area. Mr. Keller. And we take these things very seriously and will certainly look at that. Senator Landrieu. Thank you. Mr. Costanza. Mr. Costanza. Well, first of all, thank you, Senator Landrieu, for your leadership in bringing this human side of this tragedy to the forefront once again. It is critical for our people to recover and our communities will then recover. Simply, the simple task would be to continue to dialogue with BP and engage in conversation with NGOs, VOADs. We bring expertise, compassion. We leverage resources. We are effective. We can bring in the private dollar leverage with the other dollars. We, unfortunately, know how to do this well because of Hurricane Katrina, but we have developed relationships with other NGOs. We know each other. We work well. And we really think we could work together. We will really help people at this critical time so that they can recover and get on with their lives. Senator Landrieu. Thank you. Ms. West. Ms. West. Thank you, Senator Landrieu. I want to bring it to Mr. Keller's attention that when resources are limited, folks go to their local community organizations for assistance. And so the requests are demanding right now and our resources are limited. So we would appreciate the opportunity to continue engaging in conversation and take another look at these proposals. So thank you for the opportunity. Senator Landrieu. Good. And thank you all. And as you all know, we are drafting a piece of legislation to address some of these issues for future events, so we look forward to your input and we appreciate what you have already given us. And if anyone has any additional information or suggestions, please get that to us in the next couple of weeks. With that, the meeting is adjourned. Thank you. 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