[Congressional Record (Bound Edition), Volume 151 (2005), Part 15]
[Senate]
[Pages 20051-20053]
[From the U.S. Government Publishing Office, www.gpo.gov]




                    ARMED FORCES RESPONSE TO KATRINA

  Mr. WARNER. I thank the distinguished Presiding Officer. Mr. 
President, I would first like to say, as I mentioned, we receive a 
report everyday in the Senate from the Department of Defense regarding 
specifically the Guard and Active-Duty. Then, in addition, we receive a 
report from the Corps of Engineers. Our committee is a repository of 
these reports, but I am happy to share them with any Senators who so 
desire. They need only contact the Armed Services Committee or me 
personally, and I will see they are provided with the reports.
  I join Senator Lott and others in expressing our profound gratitude 
and pride to the men and women of the Armed Forces and indeed their 
families who are left at home for their service, responding with 
courage and untiring professionalism and compassion to our fellow 
citizens who fell victim to this tragic disaster.
  As you know, our military has a supporting role in the effort. I 
underline ``supporting role'' because in no way do we mean to displace 
the valiant efforts of those on the scene, the first responders, such 
that were able to muster their forces and respond.
  I wish to pay tribute to the magnificent response of all. I have 
stated the numbers a minute ago.
  Furthermore, I wish to highlight that the National Guard forces are 
meeting the challenge, as well as the national commitments--Afghanistan 
and Iraq. Once again, our Guard is--I don't like to use the word 
``stressed,'' but they are challenged. I have spoken with General Blum, 
who is the Commander of the National Guard. He never once flinched when 
he said we are doing the job and we are going to succeed. Our hats are 
off to the National Guard. The Navy deployed 20 ships, including the 
USS Harry S Truman--it is an aircraft carrier. I remember when that 
ship was named--the USS Whidbey Island and the USS Iwo Jima and the 
USNS Comfort, the hospital ship. More than 400 aircraft, including 373 
helicopters and 93 airplanes, are in support of search and rescue, 
medical evacuation, and logistical supply missions.
  The heroism of those who pilot those helicopters and the crews who go 
down and rescue the individuals--those chapters in our history will be 
recorded for posterity. They are absolutely magnificent. We have seen a 
tremendous response from our rotary and fixed-wing pilots.
  Again, to date, the Active-Duty Forces have flown more than 2,783 
sorties and the National Guard has flown more than 9,240 sorties. These 
sorties resulted in the evacuation of more than 80,000 people and the 
rescue of more than 15,000 people.
  Additionally, more than 1,200 beds are available in field hospitals, 
and seven military installations are providing support as 
transportation staging areas as ice, water, food, and medical supplies 
as they became available.
  Stop and think. In our daily lives, we go to our refrigerators and 
there is ice. Ice is something that is badly needed in these high 
temperatures. I specifically put it in because I watched, as almost 
every American has watched, as these individuals in their own quiet way 
ask for certain things. I was particularly struck by the need for ice 
and fresh water.
  The amount of humanitarian support provided to the region is 
astounding. More than 16 million meals-ready-to-eat--the old MRE or 
military meals--44

[[Page 20052]]

million liters of water, and more than 175 million pounds of ice have 
been delivered to date.
  The Army Corps of Engineers has 39 of its 137 permanent pumps 
operating throughout New Orleans, with an additional 46 military pumps 
operating at a lower capacity.
  I understand the water level in New Orleans is dropping more than 1 
foot per day. They have removed 94,000 cubic yards of debris and opened 
the Mississippi River to shallow draft traffic and deep vessels less 
than 39 feet.
  As indicated by the tremendous support I have outlined, it is clear 
that the deep magnitude and devastation of Hurricane Katrina has 
resulted in an unprecedented response from the Department of Defense.
  I want to say first that I do not wish to take away anything from the 
DOD or the dedicated men and women who have responded to the 
devastation caused by Hurricane Katrina--as it is, without question, a 
catastrophe without parallel in modern American history, and of a 
magnitude not seen in my lifetime. However, as many of our colleagues 
know--and as chairman of the Armed Services Committee--I am deeply 
concerned that the Department of Defense and our President have 
authorities to correct standby authorities in permanent law which they 
need to manage disasters.
  Shortly I will engage in a colloquy, hopefully, with my distinguished 
chairman of the Homeland Defense Committee on the subject of what we 
should do in the future to look at the framework of laws and standby 
authorities to determine how better--I repeat, how better--not to fault 
those who performed in this catastrophe, but how best the totality of 
all the resources of our Nation can be brought to bear should we ever 
have the misfortune of another natural disaster or, indeed, a terrorist 
act of the magnitude that we witnessed.
  When I was privileged to assume chairmanship of the Armed Services 
Committee--before 9/11, I point out--our committee established a 
subcommittee called Emerging Threats. The function of that subcommittee 
has, is, and will be to look into the future to determine how best to 
prepare, primarily in our case, for a terrorist attack against our 
Nation. But those preparations can easily be directed toward a natural 
disaster, should it occur. I am very proud of the accomplishments of 
that subcommittee in the years I have been privileged to be chairman. 
But I believe the time has come that we reflect on the Posse Comitatus 
Act and other statutes which have stood by and served this Nation quite 
well in years past.
  Mr. President, I ask unanimous consent to have printed in the Record 
additional documentation.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

      DOD Support for Hurricane Katrina Relief: Executive Summary


                          Command and Control

       U.S. Northern Command Commander is Admiral Keating in 
     Colorado Springs, Colorado.
       Joint Task Force Katrina East (Forward) is located at Camp 
     Shelby, Mississippi--Lieutenant General Honore is on the USS 
     Iwo Jima pier side in New Orleans, Louisiana.
       Joint Task Force Commander for the Louisiana National Guard 
     is Major General Landreneau, at New Orleans.
       Joint Task Force Commander for the Mississippi National 
     Guard is Major General, Cross, at Stennis Space Center, 
     Mississippi


                         Operational Highlights

       72,614 Active Duty and National Guard personnel are on the 
     ground or aboard ships supporting relief operations:
       22,439 Active Duty
       1,895 Reserves (573 Marine Corps, 53 Army, 450 Air Force, 
     819 Navy)
       45,871 National Guard (2,409 outside area ready to assist)
       19 U.S. Navy ships are in the area.
       Total aviation support in area:
       346 helicopters (Active Duty and National Guard).
       68 airplanes (Active Duty and National Guard).
       DoD has provided extensive search and rescue, evacuation, 
     and medical support:
       2,783 Active Duty sorties flown--123 in the past 24-hours.
       9,240 National Guard sorties flown--136 in the past 24 
     hours.
       Total DoD medical personnel in the area is 2,037 (1072 
     Active Duty and 965 National Guard). Lieutenant General 
     Honore directed that no Federal military service member will 
     perform or assist with any type of forced evacuation.
       JTF-Katrina is executing strategy that focuses on recovery 
     while continuing to support disaster relief operations.
       82nd Airborne Division, 1st Cavalry Division, I and II 
     Marine Expeditionary Force conducting humanitarian 
     assistance, search and rescue, evacuation and security 
     assessments.
       Division soldiers will not recover remains of deceased 
     persons; will only mark and record locations for mortuary 
     teams.
       FEMA requested DoD perform all aspects of the mortuary 
     affairs mission until another contractor can be found. The 
     Secretary of Defense approved the deployment of 9 teams from 
     the 54th Quartermaster Company Ft. Lee, Virginia. He also 
     directed that 9 additional teams from the 54th be placed in 
     be prepared to deploy status.
       Commander, U.S. Northern Command requested the deployment 
     of two fire trucks to support airport operations at New 
     Orleans International--Both fire trucks in-place.
       Mosquito spraying operations approved. Two sorties were 
     flown by the: 91Oth Air Wing. They sprayed 912,000 acres in 
     St. Bernard and Jefferson Parish.
       Seven installations are providing support as transportation 
     staging areas for ice, water, food and medical supplies.
       21 million Meals Ready to Eat have been ordered by FEMA to 
     support Hurricane Katrina response. 16.7 million have been 
     delivered. 1 million have been diverted to Virginia and 
     Georgia to support Hurricane Ophelia response if required.
       789 beds are available in field hospitals: New Orleans 
     International Airport (25 beds), USS Bataan (360 beds), USS 
     Iwo Jima (105 beds), USS Tortuga (35 beds), 14th Combat 
     Support Hospital (204 beds), and the USS Shreveport (60 
     beds).
       Little Rock Air Force Base, Arkansas is the central 
     collection point for supplies donated by foreign countries--
     119 nations and 12 international organizations have offered 
     assistance.
       Force Adjustments: USS Harry S Truman, USS Whidbey Island, 
     Army Unmanned Aerial Vehicle Platoon, Army Aviation Assets, 
     and the 920th Rescue Wing, 4th Expeditionary Medical Support, 
     and 11th Marine Expeditionary Unit--USNS Comfort redeployment 
     pending coordination and agreement between the Secretary DHS, 
     Principal Federal Official, and State Officials that ship and 
     unit are no longer required.
                                  ____


       U.S. Army Corps of Engineers Support to Hurricane Katrina


                              Authorities

       USACE conducts its emergency response activities under two 
     basic authorities:
       The Flood Control and Coastal Emergencies Act (P.L. 84-99).
       The Stafford Disaster Relief and Emergency Assistance Act 
     (P.L. 93-288).


                          Command and Control

       Commander, USACE is Lieutenant General Strock in 
     Washington, D.C.
       USACE Task Force Commander is Major General Don Riley in 
     Baton Rouge, Louisiana.
       Mississippi Valley Division (MVD) Commander is Brigadier 
     General Crear in Vicksburg, Mississippi. His area of 
     operations covers the States of Louisiana and Mississippi.
       South Atlantic Division Commander is Brigadier General 
     Walsh in Atlanta, Georgia. His area of operations covers the 
     States of Alabama and Florida.


                         Operational Highlights

       1,765 USACE personnel are supporting relief operations. 
     Current unwatering estimates:
       Orleans (East Bank)--02 Oct, Orleans East--08 Oct, 
     Chalmette and Chalmette Extension--08 Oct, and 18 Oct for 
     both Plaquemines basins. These dates are contingent on normal 
     seasonal rainfall amounts.
       TF Unwater is now pumping 19,056 CFS out of the parishes of 
     New Orleans and Plaquemines.
       Hydrogen plant continues to be our highest priority. 
     Progress was made on debris removal and closure of the 
     channel near the RR Bridge to isolate the plant's subbasin. 
     Water levels are falling at a rate of 18 inches per day.
       Dutch team arrived in New Orleans and was briefed on 
     situation. They will begin to assist in unwatering mission 
     later today.
       The German team began working at PS #19 last night and is 
     scheduled to move on to PS #3.
       Continuing to use booms to assist in containment of 
     hazardous materials and working with EPA on this issue.
       Actions for next 24 hours: We expect to add an additional 
     1,000 CFS at pump stations #3 and #7 in Orleans East Bank and 
     1,000 CFS in Plaquemines. We have identified a total of 27 
     levee breaches to date. Nineteen are attributable to the 
     hurricane; eight are deliberate. Twelve interim repairs have 
     been completed.
       Water and Ice: 52,848,000 liters of water and 188,160,000 
     lbs of ice delivered to date:
       Moving excess ice to prepare for Hurricane Ophelia.
       Debris:
       Total tonnage of debris removed and projected: 390,487 CY 
     removed; 77.5M CY estimated.

[[Page 20053]]

       Plaquemine Parish declined USACE assistance as of Sept. 
     10th.
       Roofing:
       Total temp roofs projected and completed: 51,000 projected 
     and 262 completed.
       Continuing to collect ``Rights of Entry'' in both MS and 
     LA.
       Power: 30 Prime Power soldiers working in the area:
       Last 24 hours: Continued working assessments and generator 
     installs in Mississippi and Louisiana:
       We are experiencing problems with local personnel moving 
     installed generators without coordination. This makes it 
     difficult to properly maintain, refuel, and ultimately 
     recover them.
       Have completed 669 assessments and 159 generator installs 
     to date.
       Next 24 hours: Continue working to install power to 
     permanent pumping stations. health facilities and to pumping 
     stations around the hydrogen plant.
       Navigation:
       Mississippi River is completely opened all the way to the 
     Gulf to shallow and deep draft vessels less than 39' 
     (daylight only).
       Inner Harbor Navigation Canal (IHNC) remains non 
     operational due to bridge closures and sunken barges. 
     Contractor expects to remove barges and open bridges by mid-
     week.
       Housing:
       We have completed the design review mission for FEMA 
     Housing Area Command and are ready to perform quality 
     assurance (QA).
       We have completed dredging slips in Galveston for two 
     cruise ships to dock and begin receiving evacuees.

  Mr. WARNER. Mr. President, as we face an uncertain future as it 
relates to terrorism and the use of weapons of mass destruction, I have 
some thoughts with regard to this law which was passed in 1878 which 
restricts in certain ways--and the predicate for doing so is wise--men 
and women of the Armed Forces--that is, a permanent U.S. military as 
opposed to National Guard--in matters relating to law enforcement.
  Traditionally, that has always been left to the local authorities, 
and that is the way it should be. But sometimes there may be one--I 
will have to examine the facts--that becomes so overwhelming or so 
incapacitated by a natural disaster, or perhaps a terrorist attack, 
that the Armed Forces may have to perform some of those duties. We want 
to make sure the President has that capability.
  Also, there are other permanent laws on the books called the 
Insurrection Statutes. At a very minimum, I would like to see the name 
changed that we put on this for reasons quite different than the 
threats and challenges that face this Nation today. But that statute 
also might be reviewed, along with the Posse Comitatus Act, to see 
whether other permanent pieces of law should be modified to meet the 
contingencies we face here in the future.
  I see the distinguished chairman of the Homeland Defense Committee. I 
wonder if I might direct a question to her.
  In the briefings we have had before our committee by members of 
various departments and agencies who had authorities to deal with this, 
I came away with an impression that we have to, in a very quiet and 
careful manner, look at the totality of the permanent law and 
regulations to determine what changes should be made to meet a 
contingency of the nature we have experienced--indeed, whether it is a 
natural disaster or military terrorist attack in the future. I wonder 
if our distinguished chairman has progressed in her thinking on this 
point.
  The PRESIDING OFFICER. (Mr. Vitter). The Senator from Maine is 
recognized.
  Ms. COLLINS. Mr. President, if I may respond to the Senator from 
Virginia, the distinguished chairman of the Armed Services Committee, 
first, let me commend the chairman of the Armed Services Committee for 
his thoughtful approach to the issue of whether our laws and 
authorities are adequate to deal with a disaster of the magnitude of 
Katrina.
  He has indicated his interest in taking a hard look at the Posse 
Comitatus law and also the Insurrection Act, both of which put certain 
restrictions on the ability of Active-Duty Forces to be used for law 
enforcement purposes and in other ways. I commend him for raising these 
very important issues.
  It was evident from the briefing we had with FEMA and Coast Guard 
officials last week before the Homeland Security Committee that those 
on the front lines believe the current structures are inadequate to 
deal with a catastrophe of this magnitude. We talked directly to FEMA's 
Director of Operations as well as to a Coast Guard admiral who has been 
in charge of the search-and-rescue operation. Each of them, in response 
to questions from both of us, indicated this catastrophe has 
overwhelmed the organizational structures and requires a new way of 
thinking. Both of them indicated interest in our taking a look, a close 
examination, at the two acts which the distinguished chairman has 
mentioned. I commend him for following up on this issue.
  I think it is important that we look at that, as well as a host of 
other issues related to our preparedness and our response.
  Mr. WARNER. Mr. President, I thank the distinguished chairman. I am 
privileged to serve on her committee.
  As a consequence of the close relationship between the Department of 
Defense and the various departments our committee--and I sit on a few--
has over situations such as this--I might note for the Record the 
person from FEMA who appeared before your committee for the briefing 
was a career employee. I found him to be very qualified. He has some 30 
years of experience. I think he shared with our committee some of his 
most profound thoughts based on some, I believe, 30 years experience. 
Am I correct?
  Ms. COLLINS. The Senator is correct. He is a career employee, a 
member of the Senior Executive Service, with extensive experience.
  Mr. WARNER. I thank the distinguished chairman.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Maine is recognized.
  Ms. COLLINS. Mr. President, I ask unanimous consent to speak in 
morning business for 10 minutes and that the allocated time be extended 
accordingly.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The remarks of Ms. Collins pertaining to the introduction of S. 1690 
are printed in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')
  Ms. COLLINS. Mr. President, I ask unanimous consent Senator Byrd be 
recognized at 11 a.m. and Senator Vitter be recognized at 11:30 a.m. in 
order to address the Senate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. COLLINS. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. DORGAN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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