oversight

Combating Terrorism: Federal Agencies' Efforts to Implement National Policy and Strategy

Published by the Government Accountability Office on 1997-09-26.

Below is a raw (and likely hideous) rendition of the original report. (PDF)

                   United States General Accounting Office

GAO                Report to Congressional Requesters




September 1997
                   COMBATING
                   TERRORISM
                   Federal Agencies’
                   Efforts to Implement
                   National Policy and
                   Strategy




GAO/NSIAD-97-254
      United States
GAO   General Accounting Office
      Washington, D.C. 20548

      National Security and
      International Affairs Division

      B-276818

      September 26, 1997

      The Honorable Ike Skelton
      House of Representatives

      The Honorable John Glenn
      Ranking Minority Member
      Committee on Governmental Affairs
      United States Senate

      The threat of terrorist attacks against U.S. citizens and property both at home and abroad has
      been an issue of growing national concern. As you requested, we reviewed U.S. efforts to
      combat terrorism. This report provides information on national policy and strategy to combat
      terrorism and federal agencies’ roles and responsibilities in implementing them. Specifically, the
      report discusses agencies’ programs and activities to (1) prevent and deter terrorism;
      (2) respond to terrorist threats or incidents; and (3) manage the consequences of a terrorist act,
      especially involving weapons of mass destruction. The report also provides information on
      interagency coordination mechanisms intended to facilitate information sharing and enhance
      operational links. We plan to discuss issues concerning the funding of federal agencies’
      terrorism-related programs and activities in a separate report. Our related work on Department
      of Defense programs was reported to you separately in Combating Terrorism: Status of DOD
      Efforts to Protect Its Forces Overseas (GAO/NSIAD-97-207, July 21, 1997).

      We are sending copies of this report to appropriate congressional committees, federal agencies
      discussed in the report, and other interested parties. If you have any questions about this report,
      please contact me at (202)-512-3504. Major contributors are listed in appendix XIII.




      Richard Davis
      Director, National Security
        Analysis
Executive Summary


             The threat of terrorist attacks against U.S. citizens and property is a
Purpose      high-priority U.S. national security and criminal concern. The bombings of
             the New York City World Trade Center, a federal building in Oklahoma
             City, and a U.S. military facility in Saudi Arabia, among others, prompted
             increased emphasis on the need to strengthen the federal government’s
             ability to effectively combat terrorism, both at home and abroad. The
             terrorist attack in the Tokyo subway system using a nerve agent raised
             additional concern over major U.S. cities’ preparedness for incidents
             involving weapons of mass destruction—weapons using nuclear,
             biological, or chemical agents. At the requests of Congressman Ike Skelton
             and Senator John Glenn, Ranking Minority Member, Senate Governmental
             Affairs Committee, GAO reviewed U.S. efforts to combat terrorism.
             Specifically, GAO identified federal agencies’ programs and activities to
             (1) prevent and deter terrorism; (2) respond to terrorist threats or
             incidents; and (3) manage the consequences of a terrorist act, especially
             involving weapons of mass destruction. GAO also identified interagency
             coordination processes and groups intended to facilitate information
             sharing and enhance operational links. GAO was also asked to identify
             interagency processes intended to ensure efficient allocation of funding
             and resources. These matters will be discussed in a report to be issued
             later.


             U.S. policy on combating terrorism has been evolving for about 25 years.
Background   In June 1995, the President issued Presidential Decision Directive 39
             (PDD 39), the central blueprint for the U.S. counterterrorism strategy.
             PDD 39 restated standing U.S. policy and elaborated a strategy for
             combating terrorism and measures to implement it. The U.S. strategy
             consists of three main elements: (1) reduce vulnerabilities and prevent and
             deter terrorist acts before they occur; (2) respond to terrorist acts that do
             occur, including managing crises and apprehending and punishing terrorist
             perpetrators; and (3) manage the consequences of terrorist attacks. The
             strategy also incorporates consideration of weapons of mass destruction
             across the three elements.

             In addition, Congress passed legislation stating that certain acts of
             terrorism are federal crimes no matter where they are committed,
             requiring or permitting sanctions on countries that support or sponsor
             terrorism, delineating agency roles and responsibilities, and authorizing
             and/or appropriating funds. Congress has appropriated funds to enhance
             federal agencies and local capabilities to prevent, deter, counter, and




             Page 2                                    GAO/NSIAD-97-254 Combating Terrorism
                            Executive Summary




                            manage the consequences of terrorist attacks, including those involving
                            weapons of mass destruction.


                            Under sponsorship of the National Security Council (NSC), various
Results in Brief            interagency groups have been formed to coordinate the efforts of the more
                            than 40 federal agencies, bureaus, and offices that combat terrorism. The
                            intelligence community also has an Interagency Intelligence Committee on
                            Terrorism. These interagency groups and committees meet to coordinate
                            policy, plan interagency activities, share intelligence and other
                            information, and coordinate responses to certain crises.

                            Many programs and activities have been developed or used to carry out
                            the three elements of the U.S. strategy for combating terrorism. Key
                            federal efforts to prevent and deter terrorist acts include gathering,
                            sharing, and disseminating intelligence information on terrorist threats
                            and keeping foreign terrorists and materials from entering the United
                            States. Federal efforts to respond to terrorist incidents and to manage the
                            consequences of terrorist incidents include designating lead agencies for
                            crisis response, establishing interagency quick-reaction support teams,
                            creating special operational teams or units, developing contingency plans,
                            and conducting interagency or single agency training and exercises. For
                            both crisis management and consequence management, federal efforts
                            include special teams and units to deal with weapons of mass destruction,
                            whether they are nuclear, biological, or chemical weapons. Federal
                            agencies are also involved in programs to assess the capabilities of state
                            and local jurisdictions to immediately respond to and manage the
                            consequences of domestic terrorist incidents involving weapons of mass
                            destruction and provide them training and assistance.



GAO’s Analysis

Formal Coordination for     More than 40 federal departments, agencies, and bureaus have some role
Federal Policy Issues and   in combating terrorism. The NSC is the overall interagency coordinator for
Activities                  U.S. policy issues on combating terrorism for federal efforts to respond to
                            terrorist incidents abroad or domestic incidents with foreign involvement.
                            The NSC sponsors an Interagency Working Group on Counterterrorism, led
                            by the State Department. The working group oversees subgroups
                            coordinating certain terrorism-related research and development




                            Page 3                                    GAO/NSIAD-97-254 Combating Terrorism
                            Executive Summary




                            activities, exercises, international consequence management, and
                            transportation security. The NSC also has a link with interagency forums to
                            coordinate intelligence information sharing within the intelligence
                            community. The Director of Central Intelligence coordinates intelligence
                            community issues and information sharing through a Counterterrorist
                            Center and an Interagency Intelligence Committee on Terrorism. The
                            Federal Emergency Management Agency also recently established a
                            separate Senior Interagency Coordination Group on Terrorism to deal with
                            interagency domestic consequence management issues.


Federal Efforts to Reduce   Under PDD 39, the Attorney General led a study to examine possible
Vulnerabilities, Prevent    terrorist threats to the critical U.S. infrastructures, which include the
and Deter Terrorist Acts    banking and finance system, the water supply, telecommunications, and
                            five other infrastructures. An executive order established a
                            government-private sector presidential commission to identify ways and
                            means to protect these critical national infrastructures from physical and
                            cyber attack, with participation from 10 federal agencies and the private
                            sector.

                            Other federal efforts to prevent and deter terrorism include (1) protecting
                            and enhancing the security of personnel and buildings, (2) disrupting
                            terrorist activities through various programs and approaches,
                            (3) preventing terrorists and their materials from entering the United
                            States, (4) training and assisting U.S. and foreign personnel to combat
                            terrorism, and (5) promoting international cooperation in fighting
                            terrorism. Specific examples of federal programs include: the Department
                            of State’s efforts to protect U.S. diplomatic posts and persons overseas,
                            the Federal Aviation Administration’s efforts to ensure the security of
                            civilian aviation, and the Treasury Department Office of Foreign Assets
                            Control’s efforts to administer economic sanctions against state sponsors
                            of terrorism and foreign terrorist organizations.


Managing Terrorist Crises   Operationally, federal efforts to combat terrorism are organized along a
and Conducting Criminal     lead agency concept. Regarding crisis response to terrorist attacks, the
Investigations              Department of Justice, through the Federal Bureau of Investigation (FBI),
                            has the lead for crisis management of domestic terrorist incidents in the
                            United States and for forming a Domestic Emergency Support Team. The
                            Department of State has the lead role for managing terrorist incidents
                            abroad and for forming a Foreign Emergency Support Team. Depending
                            on the nature of the threat or incident, numerous other agencies, including



                            Page 4                                    GAO/NSIAD-97-254 Combating Terrorism
                            Executive Summary




                            specially trained U.S. military forces, the FBI’s Critical Incident Response
                            Group, the Department of Energy’s Nuclear Emergency Search Team, the
                            Department of the Treasury’s Bureau of Alcohol, Tobacco, and Firearms,
                            and others, may be called upon to provide support as needed. For
                            example, in the event of a nuclear terrorist threat or incident, the
                            Department of Energy deploys one of several teams to provide expert
                            advice and assistance in dealing with the device. The domestic and foreign
                            emergency support teams are designed to rapidly deploy key federal
                            personnel and equipment to the scene of a terrorist incident. The teams
                            operate under sets of draft guidelines that detail each agency’s roles and
                            responsibilities during an incident, including command and control of
                            operations. While the Foreign Emergency Support Team has operated,
                            trained, and exercised for 11 years, the Domestic Emergency Support
                            Team is newly formed and is now beginning to organize, train, and
                            exercise. In cases of terrorist activity perpetrated against U.S. individuals
                            or interests, the Attorney General and Department of Justice leads federal
                            efforts to pursue, apprehend, and prosecute terrorists, generally through
                            the appropriate U.S. Attorney’s Office and the FBI. Other federal law
                            enforcement agencies (e.g., various Treasury Department elements), also
                            have investigative jurisdiction over a number of terrorism-related areas
                            and would work with FBI in the investigation.


Managing the                Unlike crisis management of terrorist incidents, the federal government
Consequences of Terrorist   does not have primary responsibility for consequence management, but it
Incidents                   supports state and local governments in domestic incidents and host
                            governments in international incidents. As some federal agencies respond
                            to a crisis and seek to bring the perpetrators to justice, other agencies
                            manage the consequences of an incident. In domestic incidents, the
                            Federal Emergency Management Agency takes the lead to marshal and
                            coordinate federal emergency assistance to state and local authorities. The
                            Federal Response Plan, which has an annex on terrorist incidents, outlines
                            the roles, responsibilities, and emergency support functions of various
                            federal agencies for consequence management. For example, the
                            Department of Health and Human Services may be called upon to support
                            a locality with a medical response team, and the Environmental Protection
                            Agency may be asked to help deal with certain chemical contaminants and
                            to clean up a site. In international terrorist incidents, the State Department
                            is the lead agency, assisted by the Agency for International Development.
                            Other agencies may also provide support, including the Department of
                            Defense and other agencies that would provide consequence management
                            support domestically, such as the Department of Health and Human



                            Page 5                                     GAO/NSIAD-97-254 Combating Terrorism
                  Executive Summary




                  Services, the Environmental Protection Agency, and the Department of
                  Energy. A series of interagency exercises are used to test and improve
                  consequence management response capabilities, with recent emphasis on
                  dealing with terrorist incidents involving weapons of mass destruction. In
                  response to legislative requirements, the Department of Defense and other
                  agencies are preparing to provide local first responders in numerous U.S.
                  cities with training and assistance to manage the consequences of
                  weapons of mass destruction.


                  GAO   is making no recommendations in this report.
Recommendations
                  The Departments of State, Justice, Treasury, Health and Human Services
Agency Comments   and Energy; FBI; Federal Emergency Management Agency; the Central
                  Intelligence Agency; and the Agency for International Development
                  reviewed a draft of this report and provided written comments. Their
                  comments, and GAO’s responses, appear in appendixes IV to XII. The
                  Department of Defense also provided written comments, but the
                  department requested that GAO not print them due to references to
                  classified material. The National Security Council, Environmental
                  Protection Agency, and Department of Transportation also reviewed a
                  draft of this report and discussed it with GAO staff but did not provide
                  written comments. In general, these agencies stated that the report
                  accurately portrays U.S. policy on combating terrorism and the roles and
                  missions of the various federal agencies involved. For example, the
                  Department of Defense stated that the report “is a concise, well-written
                  document that fully encompasses the National process for combating
                  terrorism.” These agencies also provided technical corrections, which GAO
                  made as appropriate.




                  Page 6                                    GAO/NSIAD-97-254 Combating Terrorism
Page 7   GAO/NSIAD-97-254 Combating Terrorism
Contents



Executive Summary                                                                                    2


Chapter 1                                                                                           12
                         The Threat of Terrorism at Home and Abroad                                 12
Introduction             Federal Agencies Define Terrorism Differently                              16
                         U.S. Policy and Implementing Guidelines on Combating                       17
                            Terrorism
                         Key Federal Agencies Involved in Combating Terrorism                       20
                         Interagency Coordination That Occurs Through the NSC and in                22
                            the Intelligence Community
                         Objectives, Scope, and Methodology                                         25

Chapter 2                                                                                           26
                         Vulnerability of Critical National Infrastructure to Be Assessed           26
Efforts to Prevent and   Federal Agencies’ Roles and Responsibilities to Protect U.S.               27
Deter Terrorism             Persons and Facilities
                         Federal Agencies Use Various Approaches to Disrupt Terrorist               30
                            Activities
                         Government Agencies Attempt to Prevent Terrorists From                     34
                            Entering the United States
                         Training and Assistance Programs to Combat Terrorism                       35
                         International Community Has Actively Worked to Combat                      38
                            Terrorism

Chapter 3                                                                                           39
                         FBI Leads Crisis Management for Domestic Incidents                         39
Crisis Management in     State Department Leads Crisis Management in International                  48
Terrorist Incidents        Incidents
                         Arrest and Criminal Prosecution of Terrorists                              53

Chapter 4                                                                                           56
                         Managing the Consequences of Domestic Incidents                            56
Managing the             Managing the Consequences of International Incidents                       64
Consequences of          Consequence Management Exercises                                           66
Terrorist Incidents
Appendixes               Appendix I: U.S. Policy on Combating Terrorism                             70
                         Appendix II: Selected Laws Related to Terrorism                            73




                         Page 8                                    GAO/NSIAD-97-254 Combating Terrorism
                       Contents




                       Appendix III: Support Agencies’ Capabilities Related to Weapons           79
                         of Mass Destruction
                       Appendix IV: Comments From the Department of State                        81
                       Appendix V: Comments From the Department of Justice                       82
                       Appendix VI: Comments From the Federal Bureau of                          87
                         Investigation
                       Appendix VII: Comments From the Department of the Treasury                92
                       Appendix VIII: Comments From the Federal Emergency                        98
                         Management Agency
                       Appendix IX: Comments From the Department of Health and                  100
                         Human Serices
                       Appendix X: Comments From the Department of Energy                       101
                       Appendix XI: Comments From the Central Intelligence Agency               103
                       Appendix XII: Comments From the U.S. Agency for International            105
                         Development
                       Appendix XIII: Major Contributors to This Report                         107

Related GAO Products                                                                            111


Tables                 Table 2-1: Members of the Interagency Intelligence Committee on           32
                         Terrorism
                       Table 2.2: Terrorism-related Training and Assistance Programs             37
                       Table 3.1: Federal Agencies’ Involvement in Investigations                54
                         Related to Terrorism
                       Table 4.1: The Federal Government’s Organizations for Crisis              59
                         Management and Consequence Management of a Domestic
                         Terrorist Incident.
                       Table 4.2: Consequence Management Roles and Missions of                   61
                         Federal Agencies that Support FEMA in a Domestic Terrorist
                         Incident.

Figures                Figure 1.1: U.S. Casualties of International Terrorism Attacks,           13
                         1991-96
                       Figure 1.2: Terrorist Incidents in the United States, 1980-95             14
                       Figure 1.3: Overview of U.S. Government Structure to Combat               21
                         Terrorism
                       Figure 1.4: National Security Council Organization to Coordinate          23
                         Federal Efforts to Combat Terrorism
                       Figure 3.1: FBI Crisis management                                         41
                       Figure 3.2: FBI tactical assets                                           42




                       Page 9                                   GAO/NSIAD-97-254 Combating Terrorism
Contents




Figure 3.3: FBI’s Joint Operations Center                                44
Figure 4.1: Initial 27 Cities Scheduled to Receive                       69
  Nunn-Lugar-Domenici First Responder Training.




Abbreviations

ATF        Bureau of Alcohol, Tobacco, and Firearms
BC         biological or chemical
CIA        Central Intelligence Agency
DEST       Domestic Emergency Response Team
DOD        Department of Defense
DOE        Department of Energy
EPA        Environmental Protection Agency
EST        Emergency Support Team
FAA        Federal Aviation Administration
FBI        Federal Bureau of Investigation
FEMA       Federal Emergency Management Agency
FEST       Foreign Emergency Response Team
GAO        General Accounting Office
HHS        Health and Human Services
INS        Immigration and Naturalization Service
NBC        nuclear, biological, and chemical
NSC        National Security Council
OFDA       Office of Foreign Disaster Assistance
OMB        Office of Management and Budget
PDD        Presidential Decision Directive
SWAT       Special Weapons and Tactics
USAID      U.S. Agency for International Development
WMD        Weapons of Mass Destruction


Page 10                                 GAO/NSIAD-97-254 Combating Terrorism
Page 11   GAO/NSIAD-97-254 Combating Terrorism
Chapter 1

Introduction


                    As the Cold War era ended, the threat of terrorism became a high-priority
                    U.S. national security and criminal concern, both at home and abroad. The
                    federal government does not have a single definition of terrorism, and
                    agencies use different terms to describe protective and deterrent programs
                    and activities and countermeasures against the threat of terrorist attack.1
                    U.S. policy and strategy for dealing with terrorism, along with the nature
                    and perception of the terrorist threat, has been evolving since the 1970s. A
                    variety of presidential directives, implementing guidance, executive
                    orders, interagency agreements, and legislation provide the complex
                    framework for the programs and activities to combat terrorism in more
                    than 40 federal agencies, bureaus, and offices. Formal interagency
                    coordination is managed at the National Security Council (NSC), which also
                    sponsors a number of interagency working groups on certain terrorism
                    matters. For intelligence issues related to terrorism, the Community
                    Counterterrorism Board’s Interagency Intelligence Committee on
                    Terrorism is the mechanism for interagency coordination among U.S.
                    military, regulatory, law enforcement, and intelligence agencies.


                    While the number of terrorist incidents both worldwide and in the United
The Threat of       States has declined in recent years, the level of violence and lethality of
Terrorism at Home   attacks has increased. The State Department reported that the number of
and Abroad          international terrorist incidents has fallen from a peak of 665 in 1987 to
                    296 in 1996, a 25-year low.2 Of the 296 international incidents during 1996,
                    73 were against U.S. persons and facilities overseas. But casualties
                    resulting from international terrorist incidents during 1996 were among
                    the highest ever recorded—311 persons killed and 2,652 wounded.3 Of
                    those, 24 Americans were killed and 250 Americans were wounded.
                    Similarly, between 1989 and the end of 1993, there were 23 recorded acts
                    of terrorism in the United States, and for 1995, the Federal Bureau of
                    Investigation (FBI) reported only one domestic terrorist incident in the
                    United States—the bombing of a federal building in Oklahoma City. That
                    incident—the most destructive ever on U.S. soil—killed 168 and wounded
                    500 persons. Figure 1.1 shows State Department statistics on U.S.
                    casualties of international terrorism from 1991 through 1996, and figure 1.2


                    1
                     In addition, Congress has defined the term terrorism in several federal statutes. The definitions vary
                    somewhat depending on the particular context.
                    2
                     State Department statistics only include terrorism involving citizens or the territory of more than one
                    country. As a result, these numbers do not include incidents of domestic terrorism worldwide.
                    3
                     The deaths of 90 people and injuries of 1,400 people in 1996 were caused by a single truck bombing in
                    Sri Lanka. Because the bombing wounded some U.S., Japanese, and Dutch citizens, this was counted
                    as an international terrorist incident.



                    Page 12                                                   GAO/NSIAD-97-254 Combating Terrorism
                                   Chapter 1
                                   Introduction




                                   shows FBI statistics on domestic terrorist incidents in the United States
                                   from 1980 through 1995.


Figure 1.1: U.S. Casualties of
International Terrorism Attacks,   1100       Number of Casualities                   1004
1991-96
                                       900

                                       700

                                       500

                                       300
                                                                                                                                     250
                                       250

                                       225

                                       200

                                       175

                                       150

                                       125

                                       100

                                        75
                                                                                                                        60
                                        50
                                                                                                                             24
                                        25                16
                                               7                               7             6              10
                                                                2          1                            5
                                         0

                                                   1991             1992           1993 a        1994            1995             1996

                                                   Year

                                             Legend

                                                      Dead

                                                      Wounded


                                   a
                                   These are casualties from the World Trade Center bombing in New York City.


                                   Source: U.S. Department of State.




                                   Page 13                                                   GAO/NSIAD-97-254 Combating Terrorism
                                               Chapter 1
                                               Introduction




Figure 1.2: Terrorist Incidents in the United States, 1980-95

Number of incidents
60


                 51
50

            42
40


                      31
30    29
                                     25


20

                           13                                                    12
10                                         9       9
                                 7                             7
                                                         4           5     4
                                                                                        0     1
 0
      80    81   82   83   84   85   86 87 88 89              90    91     92    93    94    95
                                      Calendar year
                                               Note: As of September 1997, FBI officials said that 1996 data was not available.

                                               Source: FBI.




                                               In its annual report on international terrorism, the State Department noted
                                               a continuing trend toward more ruthless attacks on mass civilian targets
                                               and the use of more powerful bombs.4 State also noted that finding clear
                                               patterns in terrorism is becoming more difficult. The FBI’s most recent
                                               report discussing domestic U.S. terrorism notes an upsurge in rhetoric
                                               from domestic right-wing extremist groups, many members of which
                                               believe they are being displaced by the rapidly changing U.S. culture, or
                                               hate or fear of the federal government.5 Also, the intelligence community

                                               4
                                                Patterns of Global Terrorism 1996, U.S. Department of State, April 1997.
                                               5
                                                 Terrorism in the United States 1995, Department of Justice, Federal Bureau of Investigation. As of
                                               September 1997, FBI officials told GAO that the 1996 version had not been published yet.



                                               Page 14                                                   GAO/NSIAD-97-254 Combating Terrorism
Chapter 1
Introduction




has issued classified National Intelligence Estimates on the terrorist
threat.6

In 1995 and 1996, about one-fourth of international terrorist attacks were
against U.S. targets, and historically, the United States has not been
immune from terrorist acts. However, certain key, large-scale incidents at
home and abroad since 1993 have dramatically raised the profile of U.S.
vulnerability to terrorist attack. For example, the February 1993 bombing
of the World Trade Center in New York City raised the specter of foreign
terrorism in the United States. The April 1995 bombing of the federal
building in Oklahoma City turned attention to domestic sources of
terrorist threats and violence. The June 1996 truck bombing of a U.S.
military housing facility near Dhahran, Saudi Arabia, prompted a
reexamination of DOD programs to protect its forces and installations
overseas.7 The 1995 terrorist use of a nerve agent in the Tokyo subway
elevated concerns about the greater likelihood of terrorist’s use of
weapons of mass destruction (nuclear, biological, and chemical) and the
need to shore up U.S. federal and cities’ capabilities to respond to and
manage such incidents.

One expert noted there are three schools of thought on the terrorist threat:
(1) some believe the threat and likelihood of terrorist attack is very low
and does not pose a serious risk ; (2) others believe the threat and
likelihood of terrorist attack is high and could seriously disrupt the U.S.
national and economic security; and (3) still others believe assessments of
the threat and vulnerability to terrorist attack need to be accompanied by
risk assessments to rationally guide the allocation of resources and
attention. The expert further stated that such risk assessments would
include analyses of vulnerability and susceptibility to terrorist attack and
the severity of potential damage.

According to U.S. intelligence agencies, conventional explosives continue
to be the weapon of choice for terrorists. Although the probability of their
use may increase over time, chemical and biological materials are less

6
 The intelligence community includes the Office of the Director of Central Intelligence, the Central
Intelligence Agency, the National Security Agency, the National Imagery and Mapping Agency, the
National Reconnaissance Office, the Defense Intelligence Agency, other offices within the Department
of Defense (DOD) for the collection of specialized national intelligence through reconnaissance
programs, the intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the FBI,
the Department of the Treasury, the Department of Energy, the Bureau of Intelligence and Research of
the Department of State, and such other elements of any department or agency as may be designated
by the President or jointly by the Director of Central Intelligence and the head of the department or
agency concerned.
7
 For more information, see our recent report Combating Terrorism: Status of DOD Efforts to Protect
Its Forces Overseas (GAO/NSIAD-97-207, June 21, 1997).



Page 15                                                 GAO/NSIAD-97-254 Combating Terrorism
                   Chapter 1
                   Introduction




                   likely terrorist weapons because they are more difficult to weaponize and
                   the results are unpredictable. Agency officials also noted that terrorist’s
                   use of nuclear weapons is the least likely scenario, although the
                   consequences could be disastrous.


                   Federal agencies use different definitions of terrorism. The State
Federal Agencies   Department uses a statutory definition of terrorism: premeditated,
Define Terrorism   politically motivated violence against noncombatant targets by
Differently        subnational groups or clandestine agents, usually intended to influence an
                   audience.8 The FBI more broadly defines terrorism as “the unlawful use of
                   violence, committed by a group of two or more individuals against persons
                   or property to intimidate or coerce a government, the civilian population,
                   or any segment thereof, in furtherance of political or social objectives.”
                   FBI’s definition of terrorism is broader than State’s definition, in that the
                   terrorist act can be done by a group of two or more individuals for social
                   as well as political objectives. Because of this broader definition, the FBI
                   includes in its annual reports on terrorism in the United States acts such
                   as bombings, arson, kidnapping, assaults, and hijackings committed by
                   persons who may be suspected of associating with militia groups, animal
                   rights groups, and others.

                   Federal agencies also use different terms to describe their programs and
                   activities for combating terrorism. For example, FBI uses
                   “counterterrorism” to refer to the full range of its activities directed
                   against terrorism, including preventive and crisis management efforts. On
                   the other hand, DOD uses the term “counterterrorism” to refer to offensive
                   measures to prevent, deter, and respond to terrorist attack and
                   “antiterrorism” to cover defensive measures to reduce the vulnerability of
                   individuals and property to terrorist acts. For purposes of this report, we
                   use the term “combat terrorism” to refer to the full range of federal
                   programs and activities applied against terrorism, domestically and
                   abroad, regardless of the source or motive.




                   8
                    See 22 U.S.C. Sec. 2656f(d). The term noncombatant includes military personnel who at the time of
                   the incident are unarmed and/or not on duty. This legislation also requires the State Department to
                   submit annual reports to Congress on international terrorism.



                   Page 16                                                  GAO/NSIAD-97-254 Combating Terrorism
                             Chapter 1
                             Introduction




                             U.S. policy to combat terrorism has been evolving since the 1970s but
U.S. Policy and              became formalized in 1986 with the Reagan administration’s issuance of
Implementing                 National Security Decision Directive 207. This directive resulted from the
Guidelines on                findings of the 1985 Vice President’s Task Force on Terrorism, which
                             highlighted the need for improved, centralized interagency coordination of
Combating Terrorism          the federal government’s significant assets to respond to terrorist
                             incidents. The directive was primarily focused on crisis response to
                             terrorist incidents abroad. It tasked an NSC sponsored Interagency Working
                             Group to coordinate the national response and designated lead federal
                             agencies to respond to and resolve terrorist incidents overseas and
                             domestically. The State Department was reaffirmed as the lead agency for
                             international terrorism policy, procedures, and programs, and the FBI,
                             through the Department of Justice, was reaffirmed as the lead agency for
                             dealing with acts of domestic terrorism.


National Level Executive     Presidential Decision Directive 39 (PDD 39), signed in June 1995, built upon
Branch Policy and Strategy   the previous directive and elaborated a national policy, a strategy, and an
                             interagency coordination mechanism and management structure to
                             combat terrorism. It also expanded on roles, responsibilities, and
                             mechanisms to combat domestic terrorism. PDD 39 continues the basic
                             U.S. policy of no concessions to terrorists, pressure on state sponsors of
                             terrorism, and application of the rule of law to terrorists as criminals. It
                             also states that the U.S. policy is to deter, defeat, and respond vigorously
                             to all terrorist attacks on U.S. territory and against U.S. citizens, whether
                             they occur domestically, in international waters or airspace, or on foreign
                             territory.

                             The strategy consists of three main elements: (1) reduce vulnerabilities
                             and prevent and deter terrorist acts before they occur; (2) respond to
                             terrorist acts that do occur—crisis management—and apprehend and
                             punish terrorists; and (3) manage the consequences of terrorist acts,
                             including restoration of capabilities to protect public health and safety,
                             essential government services, and emergency relief. The strategy
                             incorporates the need to deal with terrorist’s use of weapons of mass
                             destruction (WMD) with nuclear, chemical, and biological substances
                             across the three main elements.

                             PDD 39 directs agencies to undertake specific measures regarding each
                             element of the strategy. It also reaffirms lead agency responsibilities for
                             responding to domestic (FBI, through the Department of Justice) and
                             international (State Department) terrorist incidents, and for managing the



                             Page 17                                    GAO/NSIAD-97-254 Combating Terrorism
Chapter 1
Introduction




consequences of domestic terrorist attacks (Federal Emergency
Management Agency (FEMA)). PDD 39 further charges the State Department
to work closely with other governments to carry out U.S. policy to combat
terrorist threats. The PDD also states that agencies directed to participate
in operations and activities to combat terrorism shall bear the cost of their
participation, unless otherwise directed by the President. It further directs
the Director, Office of Management and Budget (OMB), to report on the
adequacy of funding for programs related to combating terrorism and
assigns OMB ongoing responsibility to ensure that certain technology
research, development, and acquisition efforts associated with efforts to
combat terrorism are adequately funded.

On reducing vulnerabilities, PDD 39 directed the Attorney General to
identify and review the vulnerability to terrorist attack of critical national
infrastructures, such as telecommunications, transportation, and banking
and financial institutions. The Attorney General identified eight critical
infrastructures that, if attacked, could significantly affect the national
and/or economic security. This review resulted in Executive Order 13010
on protection of the critical infrastructure, which formed a
government-private sector commission to further review vulnerabilities
and propose solutions, as appropriate. In addition, all department and
agency heads have been directed to ensure that their personnel and
facilities are protected against terrorism. These efforts to identify
vulnerabilities and protect persons and facilities are further discussed in
chapter 2.

For crisis management, the PDD also discusses interagency,
multidisciplinary Domestic and Foreign Emergency Support Teams, DEST
and FEST. These quick-response teams are to include expertise and
capabilities that are tailored to the specific conditions of the threat or
incident, including WMD. For domestic terrorist incidents, the Attorney
General, through the FBI, is to lead the operational response, while also
performing law enforcement and investigative efforts to pursue,
apprehend, and punish the terrorist perpetrators as criminals. The goal is
to terminate terrorist attacks before the terrorists can accomplish their
objectives or to capture them, while seeking to minimize damage and loss
of life and provide emergency assistance. For international terrorist
incidents, the Secretary of State is to lead U.S. crisis management abroad.
These interagency teams and the federal role in responding to and
managing terrorist crises are further discussed in chapter 3.




Page 18                                     GAO/NSIAD-97-254 Combating Terrorism
                           Chapter 1
                           Introduction




                           The PDD also directed FEMA to ensure the Federal Response Plan is
                           adequate for consequence management activities in response to terrorist
                           attacks against large U.S. populations, including those in which weapons
                           of mass destruction are involved. FEMA is also to ensure that state’s
                           response plans and capabilities are adequate and tested. These efforts to
                           manage the consequences of terrorist incidents are further discussed in
                           chapter 4.

                           Appendix I contains an unclassified abstract of PDD 39.


Implementing Guidance on   The FBI and State Department have drafted but not finalized detailed
Combating Terrorism        implementing and operational guidelines for domestic and international
                           crisis management of terrorist incidents. FEMA coordinated an annex to the
                           Federal Response Plan that deals with how the federal government will
                           assist state and local authorities in managing the consequences of a
                           terrorist attack in the United States. In addition, key agencies such as DOD,
                           FBI, and the State Department have drafted or are drafting various
                           concepts of operations and guidelines to deal with terrorist incidents at
                           home and abroad, including those involving WMD. Further, numerous
                           interagency agreements have been formulated over the years on
                           operational and other matters relating to terrorism. For example, the FBI,
                           the Department of Energy (DOE), and DOD have an agreement defining
                           specific areas of responsibility and procedures for responding to
                           emergencies involving improvised nuclear devices within the United
                           States, and the Departments of Justice and Transportation have a
                           memorandum of understanding on notification of terrorist threats to
                           domestic transportation entities.


Legislation on Combating   While there is no single, comprehensive federal law explicitly dealing with
Terrorism                  terrorism, Congress has passed a series of laws dealing with various
                           aspects of terrorism. These laws were enacted to ensure that the
                           perpetrators of certain terrorist acts are subject to punishment no matter
                           where the acts occur; require or permit sanctions on countries supporting
                           or sponsoring terrorism; delineate agency roles and responsibilities; and
                           authorize and/or appropriate funding for agencies to carry out their
                           responsibilities.9 Congress recently passed legislation with significant
                           terrorism components, such as the Antiterrorism and Effective Death


                           9
                            For more information on historical and recent terrorism-related legislation and proposals, see
                           Terrorism: Background and Issues for Congress, Congressional Research Service Issue Brief for
                           Congress, 95086, Updated January 13, 1997.



                           Page 19                                                 GAO/NSIAD-97-254 Combating Terrorism
                       Chapter 1
                       Introduction




                       Penalty Act of 1996,10 which includes provisions prohibiting terrorists’
                       fund-raising and financial transactions and other assistance to terrorists,
                       procedures for removing alien terrorists from the United States, and
                       expanded and strengthened criminal prohibitions and penalties pertaining
                       to terrorism. In addition, Title XIV of the National Defense Authorization
                       Act for Fiscal Year 199711 (commonly called Nunn-Lugar-Domenici) directs
                       the Secretary of Defense to assist federal, state, and local government
                       agencies with training, advice, equipment, and other actions to shore up
                       domestic local capabilities to respond to and manage consequences of a
                       terrorist incident with WMD. For example, DOD is to provide expert advice
                       to assist federal, state, and local agencies to develop chemical and
                       biological defense programs and assist the Public Health Service to
                       organize Metropolitan Medical Strike Teams. Appendix II provides
                       citations of selected legislation pertaining to terrorism.


                       Many intelligence, policy-making, law enforcement, defense, and
Key Federal Agencies   regulatory agencies are involved in implementing the national policy to
Involved in            combat terrorism. Figure 1.3 is adapted from NSC’s overview of the U.S.
Combating Terrorism    government structure to combat terrorism and illustrates the key federal
                       agencies and offices with roles and missions in that effort. Chapters 2, 3,
                       and 4 of this report further discuss the agency roles, responsibilities,
                       programs, and activities along the functional lines of PDD-39’s strategy for
                       combating terrorism.




                       10
                         P.L. 104-132, April 24, 1996.
                       11
                         P.L. 104-201, September 23, 1996.


                       Page 20                                    GAO/NSIAD-97-254 Combating Terrorism
                                                             Chapter 1
                                                             Introduction




Figure 1.3: Overview of U.S. Government Structure to Combat Terrorism


                                                                              The President



                                                                         NSC Principals Committee



                                                                         NSC Deputies Committee



                                                                    CSG: Coordinating Sub-Group

                                             Lead Agency                                            Lead Agency
                                               Domestic                                               Foreign                                                      Core
                                                                                   NSC
                                                                                                                                                                 Agencies
     Other                                                   Office of                                                                           Central
                                Dept. of                                                              Dept. of            Dept. of
    Agencies                                     FBI           Vice                                                                            Intelligence
                                Justice                                                                State              Defense
                                                             President                                                                           Agency
                                                                             Special Assistant
     Department of                                                             to President
     Transportation                                                                Chair
                                                                                                    Coordinator               Joint Chiefs
                                                                                                                  Ass.          of Staff
                                                                                                      Counter
       Federal Aviation       Deputy Asst.                                                                         Sec.       Director for
                                                                                                     Terrorism
        Administration         Atty. Gen.                                                                         Spec.       Operations
                                                                                                      (S/CT)
                                Criminal                                                                          Ops.            (J-3)
                                Division                                                                                        Special
  Department of Energy                                                                                                        Operations
                                                                                                     Asst. Sec.                Command
                                                  National
                                                                                                     Diplomatic
                                                  Security
   Federal Emergency                                                                                  Security
                                                  Division
   Management Agency                                                                                                                         Counterterrorist
                                                                                                                                                Center
                                                                       Computer
                                                  Domestic
  Department of Health       International                         Investigation and
                                                 Terrorism/
  and Human Services/          Terrorism                             Infrastructure
                                               Counterterrorism
      Public Health           Operations                          Threat Assessment
                                                  Planning
        Service                                                          Center                                                          NSA    DIA   INR       CIA

                                                                                                                     National          Defense       State     Central
  Office of Management                                                                                               Security        Intelligence Department Intelligence
        and Budget                                                                                                   Agency            Agency     Intelligence Agency



        Treasury

                      Secret Service

           Office of Foreign Assets Control

       Bureau of Alcohol, Tobacco, and Firearms

                          Customs


                                                             Source: NSC, Office of Global Issues and Multilateral Affairs.




                                                             Page 21                                                        GAO/NSIAD-97-254 Combating Terrorism
                     Chapter 1
                     Introduction




                     Formal interagency coordination of national policy and operational issues
Interagency          to combat terrorism occurs through the NSC. The NSC’s Coordinating
Coordination That    Sub-Group of the Deputies Committee is comprised of representatives
Occurs Through the   from State, Justice, DOD, Joint Chiefs of Staff, Central Intelligence Agency
                     (CIA), and FBI. Any single member can call a session of the Coordinating
NSC and in the       Sub-Group. By invitation, depending on the issue or incident,
Intelligence         representatives from Transportation, Treasury, Health and Human
                     Services, Energy, and FEMA may attend meetings of the Coordinating
Community            Sub-Group. The Coordinating Sub-Group deals with and tries to reach
                     consensus on terrorism policy and operational matters and makes
                     recommendations to the Deputies Committee or through the National
                     Security Advisor to the President.

                     As shown in figure 1.4, a standing Interagency Working Group for
                     Counterterrorism, a policy group chaired by State Department’s
                     Coordinator for Counterterrorism, is to oversee the activities of several
                     interagency subgroups. CIA’s Counterterrorist Center is NSC’s link to the
                     Interagency Intelligence Committee on Terrorism, which operates under
                     the oversight of the Community Counterterrorism Board, which is part of
                     the Counterterrorist Center. The Interagency Intelligence Committee on
                     Terrorism is to advise and assist the Director of Central Intelligence in
                     coordinating national intelligence on terrorism issues and to promote
                     effective use of intelligence resources for this purpose. This Committee is
                     composed of representatives of the intelligence, law enforcement, and
                     regulatory communities and oversees several subcommittees. As figure 1.4
                     illustrates, the Interagency Intelligence Committee on Terrorism has seven
                     subcommittees or groups.




                     Page 22                                   GAO/NSIAD-97-254 Combating Terrorism
                                                  Chapter 1
                                                  Introduction




Figure 1.4: National Security Council Organization to Coordinate Federal Efforts to Combat Terrorism

                                                         National Security Council (NSC)



                                                             NSC Principals Committee
                                                                 (Cabinet level)



                                                             NSC Deputies Committee



                                                                Coordinating Sub-Group
                                                                       NSC Chair
          (State, Justice, Defense, Joint Staff, CIA, and FBI. FAA , Treasury, Health and Human Services, FEMA and Energy as required)



     Interagency Working Group for Counterterrorism                                        Community Counterterrorism Board (CCB)
            State Dept. Chair-Asst. Sec. level                                    CCB Chair-Interagency Intelligence Committee on Terrorism
 (NSC, Defense, Justice, Treasury, Energy, Transportation,                    (State, Energy, Joint Staff, FBI, FAA, DEA, NSA, DIA, Coast Guard,
              Joint Staff, CIA, FAA, and FBI)                                   Secret Service, Customs, SOCOM, and 29 others. See table 2.1
                                                                                             for complete list of member agencies.)

                   Exercises Subgroup
                                                                                           Research and Development Subcommittee

            Technical Support Working Group
                                                                                              Information Handling Advisory Group

        Consequence Management Working Group
                                                                                           Technical Countermeasures Subcommittee

             Aviation Security Working Groupa
                                                                                    Chemical, Biological, Radiological Threat Subcommittee

            Maritime Security Working Groupa
                                                                                                    Warning Subcommittee

          Ground Transportation Working Groupa
                                                                                                Analytic Training Subcommittee


                                                                                                 Requirements Subcommittee


                                                  a
                                                   Meet as required.


                                                  Source: Agency information and documents.




                                                  Page 23                                               GAO/NSIAD-97-254 Combating Terrorism
Chapter 1
Introduction




We did not evaluate the operation of the groups or subcommittees or the
effectiveness of the coordination mechanisms, but we obtained
information on them and the scope of their functions. Under the
Interagency Working Group on Counterterrorism, the Exercises Subgroup
is co-chaired by State and FBI. The Subgroup’s quarterly meetings are
attended by representatives from the 20 agencies that participate in major
counterterrorism exercises. The group deals with issues relating to each
agency’s exercise objectives, discusses after-action report items and
lessons learned that have an impact on interagency operations, and plans
future exercises. The Technical Support Working Group coordinates
certain research and development activities across the
antiterrorism/counterterrorism community in seven categories of
terrorism-related products. The seven categories are: (1) assault support,
(2) explosive detection and disposal, (3) investigative support and
forensics, (4) personnel protection, (5) physical security and
infrastructure protection, (6) surveillance collection and operations
support, and (7) WMD countermeasures. While the group is to coordinate
and ensure against duplication of about $30 million12 in terrorism-related
projects, it is not responsible for oversight, coordination, or ensuring
against duplication of the full range of research and development efforts in
these fields governmentwide. Projects in the Technical Support Working
Group’s purview represent a minor share of all terrorism-related research
and development being conducted across the federal government.
Recently, a Consequence Management Working Group focused on
international incidents was formed, and State Department officials expect
this standing group to be very active in the future. The Aviation Security,
Maritime Security, and Ground Transportation Security Working Groups
meet on an as-needed basis, particularly to coordinate and establish the
U.S. positions on matters to be discussed in multilateral forums such as
summits of The Eight.13

Operationally, NSC serves as the focal point for immediate emergency
interagency coordination under the following conditions: to activate a
State Department-led FEST in the event of a terrorist incident overseas and
to establish an FBI-led DEST to respond to domestic terrorist incidents with
an international or foreign connection. In these cases, a special NSC group
feeds critical information to the NSC Deputies Committee, which in turn

12
  According to participants in the Technical Support Working Group, DOD is the largest contributor of
funds to the projects under the group’s purview. Planned funding for these projects increases from
$19.3 million in fiscal year 1997 to $31.5 million in 1998 and to $41.3 million in fiscal year 2002.
13
  This group, formerly known as the “Group of Seven” Western industrial countries (or G7), now
includes Russia and is known as “The Eight.” Members other than Russia include Canada, France,
Germany, Italy, Japan, the United Kingdom, and the United States.



Page 24                                                 GAO/NSIAD-97-254 Combating Terrorism
                     Chapter 1
                     Introduction




                     makes recommendations to the President. However, if domestic terrorism
                     incidents involve U.S. perpetrators, the FBI Director, in coordination with
                     the Attorney General, is responsible for authorizing an FBI-led DEST and the
                     crisis response. Such cases are not coordinated through the NSC
                     mechanism.


                     Our objectives were to review U.S. efforts to combat terrorism by
Objectives, Scope,   specifically looking at programs and activities to (1) prevent and deter
and Methodology      terrorism; (2) respond to terrorist threats or incidents; and (3) manage the
                     consequences of a terrorist act, especially involving weapons of mass
                     destruction. In reviewing these activities, we used PDD-39 to scope our
                     effort. We obtained information through documentation and interviews of
                     officials at the Departments of State, Treasury, Justice, Defense, Energy,
                     Transportation, and Health and Human Services; the CIA; Environmental
                     Protection Agency; and FEMA. We also identified interagency coordination
                     processes and groups intended to facilitate information sharing and
                     enhance operational links. To ascertain the interagency coordinating
                     mechanisms and their scopes, we met with NSC, the Department of State,
                     FBI, and intelligence community officials. We also discussed the
                     coordinating mechanisms with participating agency officials.

                     We met with former government officials from the counterterrorism
                     community and attended congressional briefings, conferences, and
                     symposiums on terrorism issues. We did not evaluate the effectiveness of
                     the programs or activities discussed in this report. We performed a
                     separate review of DOD’s force protection efforts and have reported
                     separately on these matters.14 We also did not include in our scope issues
                     pertaining to information security.

                     Some of the information we obtained was classified and could not be
                     incorporated in this report. We used this information, however, to help
                     corroborate unclassified data we obtained and our analyses. We did not
                     independently verify agencies’ statistical data. We performed our work in
                     accordance with generally accepted government auditing standards
                     between October 1996 and July 1997.




                     14
                      Combating Terrorism: Status of DOD Efforts to Protect Its Forces Overseas (GAO/NSIAD-97-207,
                     July 21, 1997).



                     Page 25                                               GAO/NSIAD-97-254 Combating Terrorism
Chapter 2

Efforts to Prevent and Deter Terrorism


                       One of the most important goals of U.S. national policy is to reduce its
                       citizens’ and properties’ vulnerability to terrorism, at home and abroad,
                       and to prevent and deter terrorist incidents. The federal government has a
                       number of initiatives intended to reduce the vulnerability of its domestic
                       and overseas facilities to accomplish this goal. In recognition of the
                       importance of certain national infrastructures to the defense, economic
                       security, and public welfare of the United States, a presidential
                       commission was created to develop a national strategy to protect the
                       nation’s critical infrastructures.

                       To disrupt terrorist activities before they occur and prevent terrorists from
                       entering the United States, the federal government has programs to reduce
                       the capabilities and support available to terrorists. Federal agencies have
                       programs to gather intelligence on and monitor the activities of terrorists
                       and to coordinate their information and efforts, to impose economic
                       sanctions and embargoes to disrupt the ability of terrorists to raise funds,
                       and to scrutinize persons crossing U.S. borders for possible affiliation with
                       terrorist groups.

                       A number of U.S. agencies offer training and technical assistance in
                       combating terrorism for U.S. and/or foreign law enforcement and other
                       personnel, often as part of broader law enforcement or other curricula.
                       U.S. counterproliferation programs and activities are intended to help
                       prevent terrorists’ access to WMD.


                       PDD  39 chartered an interagency group, chaired by the Attorney General, to
Vulnerability of       study the vulnerabilities of government facilities and critical national
Critical National      infrastructure to terrorist threats. These threats were divided into two
Infrastructure to Be   categories: (1) bombings and other physical threats to tangible property
                       and (2) computer-based electronic attacks on the information or
Assessed               communications components that control the infrastructures. The group
                       determined that the incapacity or destruction of any of the following eight
                       critical infrastructures would have a debilitating impact on the defense or
                       economic security of the United States: telecommunications;
                       transportation; electric power systems; water supply systems; banking and
                       financial systems; gas and oil supplies (storage and transportation);
                       emergency services systems (including medical, police, fire and rescue);
                       and continuity of government and government operations.

                       The group recommended that a follow-on task force be established to
                       examine ways to reduce the vulnerability of these critical national



                       Page 26                                   GAO/NSIAD-97-254 Combating Terrorism
                       Chapter 2
                       Efforts to Prevent and Deter Terrorism




                       infrastructures, much of which are owned and/or operated by the private
                       sector. In July 1996, the President signed an executive order1 establishing
                       a joint government and private sector Commission to develop a national
                       strategy to protect the country’s critical infrastructures from a spectrum of
                       threats, including terrorism. The Commission is to have representatives
                       from 10 government agencies and the private sector. The Commission
                       encountered delays as the private sector Chairman was not appointed
                       until December 1996. As of September 1997, Commission staff told us that
                       18 of the 20 commissioners had been appointed, and the Commission’s
                       deadline for submitting its recommendations to the President had been
                       extended to October 1997.

                       The executive order recognized the need to improve coordination of
                       existing infrastructure protection efforts while the Commission is
                       conducting its analysis and the President is considering its
                       recommendations. As a result, the President established an interagency
                       Infrastructure Protection Task Force to undertake this interim mission.
                       The FBI chairs this Task Force, which complements its existing mission to
                       operate the Infrastructure Vulnerability/Key Asset Protection Program, the
                       origins of which date to 1985 in response to a continuing threat of
                       terrorism directed at U.S. critical facilities. The program is designed to
                       maintain information on critical facilities throughout the United States to
                       assist in contingency planning should these facilities become terrorist
                       targets.


                       PDD 39 directs federal agencies to ensure that the people and facilities
Federal Agencies’      under their jurisdiction are protected against terrorism. The PDD specifies
Roles and              certain agency roles and responsibilities for enhancing security. In
Responsibilities to    addition, various federal agencies are involved in protective and
                       preventive measures for major special events, such as multilateral
Protect U.S. Persons   economic conferences.
and Facilities
                       In PDD 39, the President charged the Secretary of Transportation to reduce
                       vulnerabilities affecting the security of airports in the United States; all
                       aircraft, aviation, maritime shipping under U.S. control2; and rail, highway,
                       mass transit, and pipeline facilities. For example, the Federal Aviation
                       Administration (FAA), through the Department of Transportation, is


                       1
                        Executive Order 13010, Critical Infrastructure Protection, July 15, 1996.
                       2
                        The U.S. Coast Guard is responsible for domestic ships’ and port facilities’ security to reduce their
                       vulnerability to terrorist attack and for assessing the vulnerability to terrorist attack of foreign ports
                       frequented by U.S. cruise ship passengers.



                       Page 27                                                     GAO/NSIAD-97-254 Combating Terrorism
Chapter 2
Efforts to Prevent and Deter Terrorism




charged with reducing vulnerabilities to terrorism pertaining to civil
aviation. This includes not only U.S. airports and U.S.-flagged carriers, but
also foreign airports served by U.S. carriers and foreign-flagged carriers
with routes to the United States. For example, FAA educates and advises
commercial carriers on methods to prevent and deter terrorism. In
addition, FAA assesses the adequacy of U.S. and foreign carriers’ security
programs, makes recommendations, and provides assistance to enhance
security at U.S. and foreign airports.3

In the aftermath of the destruction of Trans World Airlines Flight 800,
President Clinton created the White House Commission on Aviation Safety
and Security, known as the Gore Commission, to examine ways to
enhance aviation security overall, including measures to protect against
terrorism. Some of the Commission’s recommendations reported to the
President in February 1997 focused on terrorism. For example, they called
for (1) developing an automated passenger profiling system, (2) increasing
the frequency of passenger inspections, and (3) increasing reliance on
canine teams and equipment to detect explosives likely to be used by
terrorists.

The FAA; intelligence community; Bureau of Alcohol, Tobacco, and
Firearms (ATF); Customs; and the airlines are now implementing the
Commission’s recommendations. For example, by the end of fiscal year
1997, 98 additional Customs inspectors are to be stationed at 14 major U.S.
airports that have heavy international passenger traffic. Equipped with
X-ray vans, radiation detectors, and other anomaly-detection equipment,
these Customs officials are expected to increase searches of passengers,
baggage, and cargo leaving the United States. Similarly, FAA plans to
procure 54 certified explosives detection devices. In addition, both FAA and
ATF are expanding their canine programs for explosives detection.4


PDD 39 directed the Secretary of State to reduce vulnerabilities affecting
the security of all personnel and facilities at nonmilitary U.S. government
installations abroad as well as the general safety of American citizens
abroad. As part of the State Department’s overall responsibility to directly
and indirectly protect U.S. personnel and facilities at diplomatic posts, its
Bureau of Diplomatic Security develops security construction and
protection standards. The Bureau also develops security procedures for

3
 In addition, civil aviation security liaison officers in 16 locations worldwide are the primary contact
between U.S. embassies and foreign governments on civil aviation security matters.
4
For additional information on detection technologies, see Terrorism and Drug Trafficking:
Responsibilities for Developing Explosives and Narcotics Detection Devices (GAO/NSIAD-97-95,
Apr. 15, 1997).



Page 28                                                    GAO/NSIAD-97-254 Combating Terrorism
Chapter 2
Efforts to Prevent and Deter Terrorism




U.S. overseas embassies and missions and monitors their implementation.
The security standards incorporate an array of programs pertaining to
terrorism and other threats, including the use of armored vehicles,
emergency plans and exercises, and transit security. The Bureau manages
the many overseas regional security officers and has its own intelligence
unit, which assesses the threat for U.S. posts overseas. Worldwide, about
1,400 Marine Corps security guards and 13,000 local guards provide
around-the-clock security for U.S. diplomatic missions abroad.

Also, State’s Bureau of Diplomatic Security maintains relationships and
communications with U.S. corporations with operations overseas, and in
some countries, U.S. business concerns have established forums to work
with the regional security officers on security matters, including terrorism.
In addition, while the Secret Service typically protects visiting heads of
state, the Bureau of Diplomatic Security is to protect lower-level foreign
dignitaries visiting the United States. Because these officials frequently
travel together, the two agencies coordinate their missions during these
visits.

The Secretary of Defense is to reduce vulnerabilities affecting the security
of all U.S. military personnel (except those assigned to diplomatic posts
abroad, who are the responsibility of the State Department) and facilities
both abroad and within the United States. According to PDD 39 and by
directive, all DOD personnel and their families and facilities are to be
protected against terrorist acts.5 Specific security standards are left to the
discretion of the regional military commander, recognizing that the
mission, threat level, and specific circumstances would determine the
level of force protection at each facility. In response to a Downing
Assessment Task Force6 recommendation concerning the Khobar Towers
bombing, DOD and the State Department are reviewing their
responsibilities to protect U.S. military personnel assigned overseas.

PDD 39 also directed the Secretary of the Treasury to reduce vulnerabilities
by preventing unlawful traffic in firearms and explosives, by protecting the
President and other officials against terrorist attack and by enforcing laws
controlling the movement of assets, and imports and exports of goods and
services under Treasury’s jurisdiction.


5
 DOD Directive 2000.12, DOD Combating Terrorism Program, September 15, 1996.
6
 The Downing Assessment Task Force was created by Secretary of Defense Perry to examine the facts
and circumstances surrounding the June 25, 1996, bombing of Khobar Towers, Dhahran, Saudi Arabia,
in which 19 U.S. personnel were killed and about 500 were wounded. The Task Force reported its
findings in an August 30, 1996, report.



Page 29                                               GAO/NSIAD-97-254 Combating Terrorism
                            Chapter 2
                            Efforts to Prevent and Deter Terrorism




                            The federal government also provides protection at special events held
                            within the United States and abroad. Federal agency responsibilities to
                            prepare for special events will vary based upon the venue and the officials
                            that attend. Such events may include presidential inaugurations, political
                            conventions, sporting events, and international conferences. In general,
                            primary responsibilities for event security rest with the local authorities in
                            domestic events and host governments in events abroad. For domestic
                            events, the FBI plays a major role in crisis management planning,
                            preparation, and implementation, in coordination with state and local
                            authorities and other federal agencies. For example, DOD, DOE, FEMA,
                            Department of Health and Human Services (HHS), and the Environmental
                            Protection Agency (EPA) sent personnel and advisors to prepare for and
                            monitor the 1996 Olympics in Atlanta, Georgia. For events abroad, the
                            State Department is the lead agency to coordinate federal agency
                            assistance for overseas events in which the United States participates,
                            such as the 1992 Olympics in Barcelona, Spain. If the President or other
                            U.S. officials, as defined by statute,7 attend the event, the Secret Service
                            has primary responsibilities for security planning and implementation in
                            the areas specifically visited by such persons, again, in coordination with
                            local, state, and other federal agencies like FBI, DOD, and others.
                            Responsibility to protect foreign officials visiting the United States is split:
                            the Secret Service protects heads of state, and State’s Bureau of
                            Diplomatic Security protects other foreign dignitaries.


                            The federal government disrupts terrorist activities in several ways.
Federal Agencies Use        Intelligence and law enforcement agencies collect and disseminate
Various Approaches          information about suspected terrorists and their activities. Recent U.S.
to Disrupt Terrorist        laws make it more difficult for terrorist organizations to raise funds in the
                            United States, and under certain circumstances, the government has
Activities                  frozen or confiscated terrorist financial assets. In addition, the government
                            can take covert and military action against terrorist groups or countries
                            that sponsor them.


FBI and CIA Gather          Intelligence is a crucial component of the federal government’s efforts to
Intelligence on Terrorist   combat terrorism, and the collection and analysis of intelligence on
Groups and Threats          terrorist threats is among the highest priorities. In accordance with
                            PDD 39, the FBI is the principal agency that monitors the activities of
                            terrorist groups operating within the United States. The CIA is responsible
                            for gathering intelligence overseas.

                            7
                             18 U.S.C. 3056 specifies who the Secret Service protects.



                            Page 30                                                      GAO/NSIAD-97-254 Combating Terrorism
                      Chapter 2
                      Efforts to Prevent and Deter Terrorism




                      The FBI is expanding its counterterrorism programs. In addition to hiring
                      additional agents, in January 1996, the FBI restructured its approach to deal
                      with terrorism. Three sections in FBI’s National Security Division manage
                      counterterrorism programs: one focused on foreign threats, another
                      focused on domestic threats in the United States, and another focused on
                      computer investigations and infrastructure protection. These sections are
                      designed to provide real-time operational and analytical capabilities to
                      enhance the federal government’s ability to prevent acts of terrorism in the
                      United States. According to the FBI, its program, among other things,
                      supports ongoing field investigations, formulates threat warnings and
                      alerts based on intelligence information, and disseminates this information
                      to other law enforcement agencies.

                      The FBI monitors domestic groups and individuals that it believes pose a
                      terrorist threat and collects intelligence on suspected foreign terrorists
                      operating within the United States. According to Justice officials, the FBI’s
                      program focused on suspected foreign terrorists frequently involves
                      surveillance under the Foreign Intelligence Surveillance Act. To safeguard
                      individuals’ rights, Justice Department prosecutors are not to be privy to
                      information obtained during the surveillance. However, if an investigation
                      reveals the occurrence of or plans for significant criminal
                      activity—terrorism-related or otherwise—this information can be
                      provided to federal prosecutors. For example, plots to bomb the Holland
                      and Lincoln tunnels and the George Washington Bridge in New York and a
                      federal building in New York City were detected during an investigation
                      initiated under the Foreign Intelligence Surveillance Act.

                      The Director for Central Intelligence’s Counterterrorist Center at the CIA
                      was established in 1986 to collect, analyze, and distribute national
                      intelligence on terrorism, and use this information to support U.S. efforts
                      to penetrate, disrupt, and ultimately destroy terrorist organizations
                      worldwide. In addition, the Center prepares intelligence reports on
                      terrorist groups and countries that support terrorism that are made
                      available to other intelligence and law enforcement agencies. For example,
                      the Center issues a monthly classified review of international terrorism
                      developments and provides other analysis on terrorist groups, capabilities,
                      or incidents as needed.


Intelligence Agency   To enhance the processing, analyzing, and distributing of intelligence
Cooperation           information, more than 40 federal agencies, bureaus, and offices have
                      joined the Interagency Intelligence Committee on Terrorism



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                                        Efforts to Prevent and Deter Terrorism




                                        (see table 2.1). Members of this Committee share information on the
                                        activities of terrorist groups and countries that sponsor terrorism and
                                        assess indications of terrorist threats.

Table 2-1: Members of the Interagency
Intelligence Committee on Terrorism     Advanced Research Projects Agency          National Reconnaissance Office
                                        Bureau of Alcohol, Tobacco, and Firearms   National Security Agency
                                        Central Intelligence Agency                National Security Council
                                        Drug Enforcement Agency                    Office of the Secretary of Defense
                                        Defense Intelligence Agency                Office of the Vice President
                                        Defense Information Systems Agency         U.S. Special Operations Command
                                        Defense Special Weapons Agency             U.S. Army
                                        Department of Commerce                     U.S. Air Force
                                        Department of Energy                       U.S. Capitol Police
                                        Department of Health and Human Services    U.S. Coast Guard
                                        Department of Justice                      U.S. Customs Service
                                        Department of State                        U.S. Central Command
                                        Department of Transportation               U.S. Information Agency
                                        Department of Treasury                     U.S. Marshals Service
                                        Environmental Protection Agency            U.S. Marine Corps
                                        Federal Aviation Administration            U.S. Navy
                                        Federal Emergency Management Agency        U.S. Postal Service
                                        Federal Bureau of Investigation            U.S. Supreme Court Marshal’s Office
                                        Immigration and Naturalization Service     U.S. Secret Service
                                        Joint Chiefs of Staff                      White House Communications Agency
                                        Nuclear Regulatory Commission              White House Military Office
                                        Source: Agency documents.



                                        The sharing of terrorism-related intelligence is expected to be facilitated
                                        by agencies’ detailing staff to one another’s organizations. The
                                        counterterrorism units located at the FBI and CIA have representatives from
                                        numerous other federal agencies. For example, more than a dozen
                                        agencies have representatives at the CIA Counterterrorist Center.
                                        Moreover, the FBI manages standing joint terrorism task forces to facilitate
                                        an exchange of intelligence and coordinate activities across the law
                                        enforcement community within a specific geographic area. Conceived in
                                        the 1980s, these task forces are currently located in 13 metropolitan areas
                                        throughout the country and are staffed by federal, state, and local law
                                        enforcement officers.




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                             The intelligence community disseminates threat warnings through various
                             channels. CIA’s Counterterrorist Center has created a new Threat Warning
                             Group in the Community Counterterrorism Board. This group analyzes
                             threat reports, coordinates them with the intelligence community, and
                             distributes them to senior U.S. policymakers. In addition, the FBI
                             cooperates with federal, state, and local law enforcement through its
                             threat and warning channels. The FBI manages the Terrorist Threat
                             Warning System, which communicates terrorism-related information to
                             other law enforcement agencies. The FBI told us it also disseminates
                             unclassified terrorism threat and warning information to law enforcement
                             agencies nationwide through its teletype National Law Enforcement
                             Telecommunications System. According to FBI, in 1996, 13 such messages
                             were delivered. FBI also transmits information to U.S. businesses on the
                             potential for terrorism through its Awareness of National Security Issues
                             and Response Program. Established in 1996, this program is a facsimile
                             network linking FBI field offices to more than 5,000 businesses.


U.S. Sanctions Can Disrupt   The Department of the Treasury’s Office of Foreign Assets Control
Terrorists’ Financial        develops, administers, and, along with the Customs Service, enforces
Operations                   economic sanctions and embargo programs against state sponsors of
                             terrorism, foreign terrorist organizations and their supporters, and
                             attempts to deny them access to U.S. economic and financial markets.8
                             The Office has administered economic sanctions programs against state
                             sponsors of terrorism beginning in 1950 when sanctions against North
                             Korea were declared. The Office currently administers sanctions programs
                             against North Korea, Cuba, Iran, Iraq, Libya, Sudan, and Syria. More than
                             $3 billion in assets are blocked as a result of these sanctions programs.9
                             The Office’s ability to block in-process transactions depends largely on
                             privately owned financial institutions adhering to the terms of blocking
                             orders and the ability to impose civil penalties for failure to comply.

                             Recent legislation10 expands on existing prohibitions pertaining to
                             financing terrorists. For example, it prohibits U.S. persons from lending
                             financial support to foreign terrorist organizations and requires domestic
                             financial institutions to freeze the funds of designated foreign terrorist
                             organizations and their supporters.


                             8
                              The Office does not have a domestic terrorism role; it focuses exclusively on foreign-based terrorism.
                             9
                              For more information on sanctions, see Economic Sanctions: Effectiveness as Tools of Foreign Policy
                             (GAO/NSIAD-92-106, Feb. 19, 1992).
                             10
                                 The Antiterrorism and Effective Death Penalty Act of 1996 (P.L. 104-132).



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Covert and Military   Another means of preventing and deterring future terrorist activity is to
Actions Can Be Used   strike directly at terrorist organizations through covert action. CIA covert
Against Terrorists    action is the execution of operations to influence events in another
                      country in which it is deemed important to mask the U.S. government’s
                      involvement. Congress has supported such action in recent legislation,
                      urging the President to “use all necessary means, including covert action
                      and military force, to disrupt, dismantle, and destroy international
                      infrastructure used by international terrorists, including overseas terrorist
                      training facilities and safe havens.”11

                      Military action is also used to disrupt terrorist activities. Special
                      Operations Forces have a statutory counterterrorism mission, which may
                      include preemptive military attacks on terrorist targets. The United States
                      has also taken retaliatory military action against state sponsors of
                      terrorism. For example, in 1986 the United States attacked targets in Libya
                      in retaliation for several Libyan terrorist actions, including the bombing of
                      a discotheque in Germany that killed several off-duty U.S.
                      servicemembers. In 1993, the United States used military force against
                      Iraqi targets when it became clear that Iraq was responsible for a foiled
                      plot to assassinate former President Bush when he visited Kuwait.


                      The federal government leverages existing functions of the State
Government Agencies   Department, U.S. Customs Service, and the Immigration and
Attempt to Prevent    Naturalization Service (INS) to prevent terrorists and terrorist materials
Terrorists From       from entering the United States.

Entering the United   First, the State Department is responsible for denying terrorists and their
States                supporters entry visas.12 State Department’s Bureau of Intelligence and
                      Research has a “TIPOFF” program to declassify sensitive intelligence and
                      law enforcement information and enter it into State’s Consular Lookout
                      and Support System. The Bureau of Consular Affairs and overseas
                      consular officers use this information to monitor visa applications and
                      detect known or suspected terrorists as they apply for visas overseas.




                      11
                        The Antiterrorism and Effective Death Penalty Act of 1996 (P.L. 104-132), Section 324.
                      12
                        The Immigration and Nationality Act, as recently amended by the Antiterrorism and Effective Death
                      Penalty Act of 1996, allows the State Department to deny a visa (i.e., exclude entry) to a foreigner who
                      is a known or suspected terrorist or is a representative or member of a designated foreign terrorist
                      organization. Congress requires that a report be submitted each time the Department denies a visa on
                      terrorist grounds.



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                      According to State Department statistics, since 1987, the TIPOFF program
                      has detected 722 suspected terrorists as they applied for visas.13

                      Second, terrorists and terrorist materials might be also prevented from
                      entering the United States through border controls manned by the INS and
                      the U.S. Customs Service. Customs is responsible for enforcing
                      compliance on behalf of 60 different agencies with more than 660 U.S.
                      laws that govern goods and persons entering and exiting the United
                      States.14 According to Customs officials, programs to combat terrorism
                      complement Customs’ other missions. Generally, Customs inspectors look
                      for contraband, such as illegal drugs, currency, and explosives, whether or
                      not the contraband is intended for terrorism. While most of Customs’
                      inspection equipment was developed and acquired to detect drugs, the
                      majority of this equipment does not detect specific substances but detects
                      anomalies in general. For example, X-ray machines may alert an inspector
                      to something unusual about an item being examined, and therefore the
                      possible concealment of contraband.

                      The State Department’s TIPOFF program also assists INS and Customs by
                      providing intelligence and law enforcement information for their
                      automated Interagency Border Inspection System. This information helps
                      INS and Customs detect suspected terrorists as they attempt to pass
                      through any of 350 U.S. border entry points. According to State
                      Department statistics, since 1991, the TIPOFF program has allowed INS
                      and Customs to intercept 196 suspected terrorists from 56 countries at 44
                      different U.S. border points.


                      Training and technical assistance relevant to combating terrorism is
Training and          available through a variety of sources. While some of this training covers
Assistance Programs   more than antiterrorism or counterterrorism, many of the principles and
to Combat Terrorism   techniques, such as evidence collection and bomb site analysis, are also
                      applicable to terrorism investigations. Domestic law enforcement and
                      intelligence agency personnel receive training to combat terrorism at the
                      Treasury Department’s Federal Law Enforcement Training Center,15 which
                      offers an array of terrorism-related courses and has a physical security and

                      13
                       For related GAO work on passports and visas, see State Department: Efforts to Reduce Visa Fraud
                      (GAO/T-NSIAD-97-167, May 20, 1997) and Passports and Visas: Status of Efforts to Reduce Fraud
                      (GAO/NSIAD-96-99, May 9, 1996).
                      14
                       By regulation, Customs and INS evenly share responsibility for inspecting persons at the land borders
                      between the United States and Mexico and Canada.
                      15
                        The Federal Law Enforcement Training Center is the largest law enforcement training organization in
                      the United States. Since its inception in 1970, over 330,000 people have received training.



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antiterrorism training complex. Terrorism-related training is also
conducted at the FBI Academy in Virginia and the FAA Technical Center in
New Jersey. These latter two venues are used primarily by FBI and FAA
personnel, respectively. Domestic training is conducted on an
agency-by-agency basis.

Several federal agencies participate in foreign counterterrorism and
counterproliferation training and assistance programs. These programs are
designed to aid other countries to deter and manage their terrorist threats,
including making it more difficult for terrorists to acquire and transport
WMD. A major portion of this assistance is funded and coordinated by the
State Department and delivered through its Antiterrorism Assistance
Program. Since its inception in 1983, more than 18,000 students,
representing 87 countries, have received counterterrorism training
through the Antiterrorism Assistance Program. Table 2.2 indicates
available domestic and foreign counterterrorism and antiterrorism training
and assistance programs, as well as relevant counterproliferation training
programs.




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                                          Efforts to Prevent and Deter Terrorism




Table 2.2: Terrorism-Related Training and Assistance Programs
                           Type
Sponsoring        Combating        Counter-
agency              terrorism   proliferation Program
State                                       Administers the Antiterrorism Assistance Program. Other participants include the
                           X                Departments of Justice, Treasury, and Transportation.
FAA                                         Trains federal air marshals at the FAA Technical Center. Conducts terrorism-related
                                            training at the FAA Academy and other locations. At the FAA Academy or on site,
                           X                trains airport managers from countries where U.S. carriers are establishing service.
FBI                                         Provides training through the International Association of Chiefs of Police. Trains
                                            foreign police under the National Academy Program at the FBI Training Academy.
                                            Trains FBI officials and agents at FBI training facilities and trains local law
                           X                enforcement personnel who will work with the FBI at special events.
State, Justice,                             The International Law Enforcement Academy in Budapest, Hungary, is funded by the
Treasury                                    State Department. Training programs are geared toward improving the investigative
                                            capabilities of foreign law enforcement agencies. Other U.S. participants include FBI,
                           X                Secret Service, Customs, ATF, and the Federal Law Enforcement Training Center.
Treasury                                    The Federal Law Enforcement Training Center offers courses in antiterrorism
                                            contingency planning, antiterrorism management, seaport security/ antiterrorism, and
                           X                surviving hostage situations.
ATF                                         Trains domestic and foreign law enforcement officials in firearms and explosives
                           X                identification and tracing and post-blast investigations.
Secret Service                              Trains Secret Service, as well as local, state, federal, and foreign law enforcement
                           X                personnel in special event management and physical protection countermeasures.
Justice                                     Trains foreign law enforcement officers on criminal justice matters through the
                           X                International Criminal Investigative Training Assistance Program.
FBI and DOD                                 Train and equip law enforcement officials, judges, and prosecutors from the former
                                            Soviet Union and Eastern Europe to counter nuclear material smuggling and
                                          X trafficking and chemical and biological weapons proliferation.
Multiple                                    The FBI, along with the State Department, Department of Energy, and Customs, train
                                            personnel from six former Soviet Union countries on investigating and prosecuting
                                          X nuclear-related crimes.
DOD                                         Under the Nunn-Lugar/Cooperative Threat Reduction Program, enhances the security
                                          X of former Soviet nuclear weapons and material during their storage and transport.
Energy                                      Focuses on reducing the opportunity for terrorists to acquire nuclear materials. A draft
                                            memorandum of understanding being developed between the United States and
                                          X Russia discusses U.S. assistance in the event of a nuclear terrorist incident in Russia.
Customs                                     Trains customs service personnel of former Soviet Union countries on detecting
                                          X nuclear materials.
                                          Source: Agency documents.




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                     The United States has been actively trying to enlist multilateral
International        organizations in the fight against terrorism.16 These efforts include
Community Has        multilateral agreements and conventions, U.N. resolutions, and
Actively Worked to   international summits.

Combat Terrorism     Nine key international treaties and conventions, promoted by the United
                     States and foreign governments, expand the legal basis for deterring
                     terrorists from committing acts of terrorism and bringing them to justice.
                     Examples of these conventions include the Convention for the
                     Suppression of Unlawful Acts Against the Safety of Civil Aviation,
                     International Convention Against the Taking of Hostages, and Convention
                     on the Marking of Plastic Explosives for the Purpose of Detection.

                     The United States has also relied on the United Nations and other
                     multilateral organizations to promote international cooperation against
                     terrorism. The United Nations has adopted resolutions on measures to
                     eliminate international terrorism, and passed resolutions that impose
                     sanctions on Libya for its involvement in the destruction of Pan Am
                     flight 103 and Union of Transportation Air flight 772. These sanctions
                     against Libya represent the first time the United Nations has imposed
                     sanctions on a nation solely because it supports terrorism.

                     The group of industrialized countries known as The Eight has also been an
                     active forum for discussing terrorism. Several of the group’s summits have
                     resulted in joint declarations that condemn terrorism and pledge to
                     improve member-countries’ individual and collective efforts to combat
                     terrorism. In addition, ministerial-level and expert-level meetings have
                     been devoted entirely to terrorism. Other forums that have also promoted
                     cooperation in combating terrorism include the 1994 Summit of the
                     Americas Conference in Miami, Florida, the 1996 Summit of Peacemakers
                     in Egypt, and a 1996 conference on counterterrorism that was held in the
                     Philippines.




                     16
                      Congress has supported such efforts for a number of years. For example, Congress has urged the
                     President to pursue multilateral cooperation in counterterrorism in the Omnibus Diplomatic Security
                     and Antiterrorism Act of 1986 and the Antiterrorism and Effective Death Penalty Act of 1996.



                     Page 38                                                 GAO/NSIAD-97-254 Combating Terrorism
Chapter 3

Crisis Management in Terrorist Incidents


                     Crisis management includes measures to identify, acquire, and plan the
                     use of resources needed to anticipate, prevent, and/or resolve a specific
                     threat or act of terrorism. Specific crisis management response activities
                     emphasize prevention, crisis mitigation efforts, and criminal prosecution
                     of terrorists. The federal government has the primary role to respond to
                     acts of terrorism; state and local governments provide assistance as
                     required. The United States regards terrorist attacks against its territory,
                     citizens, or facilities as a national security threat and a criminal act,
                     wherever the attack may occur. Therefore, the U.S. policy is to react
                     rapidly and decisively to terrorism directed at the United States, whether it
                     occurs domestically or internationally and whether it involves the use of
                     conventional weapons or WMD involving nuclear, biological, or chemical
                     devices. Specifically, in PDD 39, the President stated that the objectives of
                     U.S. policy to combat terrorism are to protect Americans, minimize
                     damage and loss of life, terminate terrorist attacks, defeat or arrest
                     terrorists, and pursue and apprehend terrorists and bring them to trial for
                     their crimes.

                     The FBI and Department of State are responsible for crisis management
                     and marshal the federal assets required to defeat or punish terrorists
                     involved with domestic and international incidents, respectively. Rapidly
                     deployable, trained, and equipped interagency emergency support
                     teams—a DEST and a FEST—assist them to manage the crises on site. The
                     FEST is well-developed and has operated for 11 years. The DEST concept
                     and organization, however, is relatively new, and its guidelines were only
                     recently drafted. To build and maintain a quick and effective response
                     capability, the interagency teams exercise crisis management scenarios.


                     Since 1982, the Department of Justice, acting through the FBI, has been
FBI Leads Crisis     responsible for responding to terrorist incidents that occur domestically.1
Management for       The Department of Justice and the FBI not only are to resolve and manage
Domestic Incidents   a crisis caused by a terrorist incident but are also to conduct the criminal
                     investigation and pursue, arrest, and prosecute the terrorists. An incident
                     may involve U.S. citizens or foreign individuals or groups engaging in
                     terrorist acts or threats on U.S. soil. When threats are communicated,
                     particularly involving the use of WMD, the FBI is to initiate threat credibility
                     assessments in accordance with its chemical/biological or nuclear incident
                     contingency plans. These assessments are to entail close coordination

                     1
                      In aircraft hijackings, the FAA is to coordinate law enforcement activity affecting the safety of
                     passengers aboard aircraft within the special aircraft jurisdiction of the United States. FAA’s federal
                     air marshals have counterterrorism responsibilities aboard an aircraft. On the ground in U.S. territory,
                     once the door of the aircraft is open, the FBI is responsible for the resolution of terrorist hijackings.



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                           with experts from other agencies—DOE, HHS, EPA, DOD, and FEMA—to assess
                           the viability of the threat from a technical, operational, and behavioral
                           standpoint. The FBI would direct an operational response, if warranted,
                           based on the assessment. The FBI’s contingency plans for crisis
                           management of nuclear or chemical/biological incidents call for drawing
                           appropriate tactical, technical, scientific, and medical resources from the
                           federal community to bolster the FBI’s investigative and crisis management
                           capabilities. The FBI considers all three WMD possibilities—nuclear,
                           biological, and chemical—to be equally serious. The nuclear threat is
                           considered the least likely.

                           Each of the FBI’s 56 field offices is developing contingency plans for WMD
                           incidents, identifying key facilities that might be attacked in such
                           incidents, and coordinating a response with local authorities. If there is no
                           warning of a terrorist threat or event, the FBI is expected to provide a rapid
                           on-scene response, typically in coordination with local law enforcement
                           authorities or other federal agencies.


The FBI Has a Variety of   In the event of a terrorist incident, the on-scene FBI commander is to
Operational Response       establish a command post to manage the crisis based upon the premise of
Capabilities               a graduated and flexible response. However, the FBI acknowledges that the
                           first priority in a crisis is public safety and the preservation of life.
                           According to FBI officials, when a threat or incident exceeds the
                           capabilities of a local FBI field office, the FBI Critical Incident Response
                           Group will deploy necessary resources to assist that office. The Group was
                           established in 1994 as a separate field entity to integrate the tactical and
                           investigative expertise needed for terrorist and other critical incidents that
                           require an immediate law enforcement response. The Group has crisis
                           managers, hostage negotiators, behaviorists, surveillance assets and
                           agents, and a trained and exercised tactical team—the Hostage Rescue
                           Team—that can operate in a chemical or a biological environment.2 Figure
                           3.1 shows the FBI’s crisis management structure.




                           2
                            Among Hostage Rescue Team skills are: hostage rescue tactics, precision shooting, advanced medical
                           support, and tactical site surveys. The team receives frequent specialized training to maintain high
                           levels of expertise and skills.



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Figure 3.1: FBI Crisis Management


                                    Attorney General



                                      FBI Director


                                                                                                       Evidence Response Teams
                                                                           Domestic Emergency
                                National Security Division
                                                                             Support Team
                                                                                                          Hazardous Materials
                                                                                                            Response Unit
                            FBI On-Scene Commander
                                                                                                           Bomb Data Center

                          Critical Incident Response Group
                                                                                                          Rapid Start Database



             Tactical Support                            Special Investigations



  Hostage Rescue      Special Weapons and                  Crisis             Aviation and              Profiling and
       Team             Tactical Training               Management          Special Operations           Behavioral
                              Unit                          Unit                   Unit               Assessment Unit

                                              Source: FBI.




                                              The FBI has a number of tactical response assets that it can employ. The
                                              Hostage Rescue Team, which is authorized 90 special agents, is expected
                                              to deploy rapidly upon notice of the FBI Director’s authorization to rescue
                                              individuals who are held illegally by a hostile force or to engage in other
                                              law enforcement activities as directed. The FBI also has over 1,000 agents
                                              in Special Weapons and Tactics (SWAT) teams located in its field offices,
                                              with enhanced SWAT teams in 9 of the offices. FBI SWAT teams are capable of
                                              planning and executing high-risk tactical operations that exceed the
                                              capabilities of field office investigative resources. Figure 3.2 summarizes
                                              the FBI’s tactical response assets.




                                              Page 41                                            GAO/NSIAD-97-254 Combating Terrorism
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                                  Crisis Management in Terrorist Incidents




Figure 3.2: FBI Tactical Assets




                                                                          Hostage
                                                                       Rescue Team
                                                                    (1 team, 91 agents)




                                                                     Enhanced SWAT
                                                                          Teams
                                                                   (9 teams, 355 agents)




                                                                        SWAT Teams
                                                                   (47 teams, 706 agents)




                                  Source: FBI.




                                  FBI case management and evidence specialists can deploy with or
                                  otherwise support the Critical Incident Response Group shown in figure
                                  3.1 to investigate an incident for the arrest and prosecution of the
                                  terrorists. FBI forensic and evidence capabilities are being enhanced




                                  Page 42                                           GAO/NSIAD-97-254 Combating Terrorism
                           Chapter 3
                           Crisis Management in Terrorist Incidents




                           through the establishment of the Hazardous Materials Response Unit
                           within the Laboratory Division.3


Domestic Emergency         Based on a preliminary threat assessment, the FBI Director, through the
Support Team Designed to   Attorney General, may authorize the deployment of a DEST comprised of
Support FBI Response       those agencies that can advise or provide assistance to the FBI on-scene
                           commander as circumstances dictate. No higher level coordination or
                           approvals (e.g., from the NSC Deputies Committee) are required unless the
                           FBI’s capability to deal with an extreme crisis, such as that potentially
                           resulting from some types of WMD incidents or multiple incidents, proves
                           insufficient.

                           Upon the Attorney General’s approval of the FBI’s request for a DEST, each
                           agency’s representatives are expected to be ready to deploy quickly. The
                           FBI determines the composition of the team and communicates that to the
                           appropriate agencies. For example, a DEST may include nuclear, chemical,
                           or biological experts to provide advice or support to the FBI in dealing with
                           a specific type of incident involving WMD. The FBI incorporates the DEST
                           into its existing crisis management structure. The FBI Director designates a
                           DEST team leader from the FBI to advise the on-scene commander about
                           other federal agencies’ capabilities. The team leader conducts an initial
                           situation assessment, develops courses of action, assesses potential
                           consequences, and makes recommendations to the on-scene commander.
                           The team leader is then to assign tasks for the commander’s selected
                           courses of action, supervise the evaluation of changes in the situation, and
                           ensure information is disseminated in a timely manner.

                           The FBI command post can then be converted to a Joint Operations Center
                           for decisions involving the interagency response to the incident. The
                           center would have four groups: command, operations, consequence
                           management, and support. The command group would include the
                           on-scene principals of the DEST agencies, such as the DOE, HHS, EPA, DOD,
                           FEMA, and any other federal, state, or local agency officials that are critical
                           to successful resolution of the crisis, particularly incidents involving WMD.
                           For example, specialized assistance may also be requested from the
                           Departments of Transportation, Agriculture, Treasury, and State; the

                           3
                            Other agencies may assist the FBI in its terrorism investigations. For example, although the FBI has a
                           Bomb Data Center, the Treasury Department’s ATF also has significant explosives investigation
                           capability and can support FBI investigations of bombings. ATF is forming critical incident
                           management response teams to draw resources from across the Bureau in response to critical
                           incidents, and it has national response teams to help gather evidence and identify the cause and origin
                           of an explosion or fire. ATF also has a special response team for situations that may be violent or in
                           which surveillance or other nontraditional operations are required.



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                                            Crisis Management in Terrorist Incidents




                                            Nuclear Regulatory Commission; and the intelligence community. The
                                            agencies then support the FBI’s response to the incident by providing the
                                            required expertise, staffing, and equipment. The operations group includes
                                            the following functions: intelligence, investigations, tactical operations,
                                            technical support, surveillance, and negotiations. The consequence
                                            management group monitors and provides advice on dealing with
                                            destruction and mass casualties. And the support group provides
                                            logistical, legal, media, administrative, and liaison services. Figure 3.3
                                            shows the structure of an FBI Joint Operations Center.



Figure 3.3: FBI’s Joint Operations Center



                                                            Command Group                                             DEST
                                        FBI, U.S. Attorney, Senior Federal Official, Commander                         Team
                               Joint Task Force, Energy Senior Official, Local Police & Fire Departments              Leader




          Operations Group                                   Support Group                        Consequence Management Group


     Tactical          Intelligence                                                                Intelligence        FEMA



   Negotiators        Investigators                   Liaison         Administrative                  DOE               EPA



     Special                                           Media                 Legal                    DOD              HHS
    Operations          Technical
      Group

                                                      Logistics      Communications                   State            Local

   Hazardous         Joint Technical
    Material           Operations
  Response Unit           Team


                                            Source: FBI.




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                         Crisis Management in Terrorist Incidents




                         As of September 1997, a DEST had not been deployed in response to an
                         actual incident. However, DEST components have been deployed as a
                         precaution for special events, such as the 1996 Democratic National
                         Convention, the 1996 Summer Olympic Games, and the 1997 presidential
                         inauguration.


Other Federal Agencies   For chemical or biological incidents, several agencies support the FBI’s
May Support FBI in WMD   crisis management efforts, including HHS, EPA, and DOD. The HHS on-scene
Incident                 representative through a number of HHS entities,4 can provide services
                         such as (1) threat assessment, (2) consultation, (3) agent identification,
                         (4) epidemiological investigation, (5) hazard detection and reduction,
                         (6) decontamination, (7) public health support, (8) medical support, and
                         (9) pharmaceutical support operations. For example, public health and
                         medical care response activities coordinated through HHS include
                         assessment, triage, treatment, transportation, hospitalization, and mental
                         health services for victims of a chemical or biological incident. Through its
                         on-scene coordinator and response teams, the EPA can provide technical
                         advice and assistance, such as identification of contaminants; sample
                         collection and analysis; monitoring of contaminants; and on-site safety,
                         prevention, and decontamination activities.5 EPA also issues any permits
                         required for the custody, transportation, and transfer of chemical
                         materials. DOD has technical organizations and tactical units, including the
                         Chemical, Biological Defense Command; the U.S. Army Explosive
                         Ordnance Disposal group; the Defense Technical Response Group; and the
                         U.S. Army Technical Escort Unit; that can similarly assist the FBI on site in
                         dealing with chemical and biological incidents, through identification of
                         contaminants, sample collection and analysis, limited decontamination, air
                         monitoring, medical diagnosis and treatment of casualties, and by render
                         safe procedures for WMD devices. DOD can also provide for the custody,
                         transportation, and disposal of chemical/biological materials when EPA
                         lacks the capability to do so.


                         4
                          These entities include the Office of Emergency Preparedness/Office of Public Health Service, Federal
                         Interagency Chemical/Biological Rapid Deployment Team, Medical Management Support Unit, Medical
                         Response Teams and specialty teams, Centers for Disease Control and Prevention, Food and Drug
                         Administration, Agency for Toxic Substances and Disease Registry, National Institutes of Health,
                         Substance Abuse and Mental Health Services Administration, and Health Resources and Services
                         Administration.
                         5
                          EPA provides its support through a number of local, regional, and national entities, including federal
                         On-Scene Coordinators supported by contractors for sampling, monitoring, cleanup, and disposal;
                         National Response Team; Regional Response Teams; Office of Radiation and Indoor Air; Center for
                         Risk Modeling and Emergency Response; Radiological Emergency Response Team; National
                         Enforcement Investigations Center; and laboratory support. National headquarters components
                         include the Environmental Response Team and the Office of the Emergency Coordinator.



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                           In the event of a nuclear incident—which terrorism experts view as the
                           least likely of possible events—DOE would activate a nuclear incident team
                           to monitor the crisis and coordinate the requested deployment of its crisis
                           management teams for the DEST.6 Specifically, DOE provides scientific and
                           technical assistance regarding (1) threat assessments; (2) search
                           operations; (3) access operations; (4) diagnostic and device assessments;
                           (5) disablement and render safe operations; (6) hazard assessments;
                           (7) containment, relocation, and storage of special nuclear material
                           evidence; and (8) post-incident cleanup.7 In providing these types of
                           support, DOE emergency response teams do not enter hostile
                           environments. In such environments, DOD provides personnel trained to
                           disarm and dismantle an explosive device and any booby traps
                           surrounding the device. Once DOD renders the device safe for movement or
                           transportation and the environment is not hostile, DOE personnel can assist
                           in further render-safe procedures, disassembly, and final disposition of the
                           device. As with other types of WMD materials, DOD can provide for the
                           custody, transportation, and disposal of nuclear materials if DOE is unable
                           to do so.

                           Appendix III provides a profile of DOD, HHS, EPA, and DOE capabilities for
                           dealing with aspects of terrorist incidents involving WMD.


Military Forces Could Be   If an exceptionally grave terrorist threat or incident is beyond FBI
Used in Unusual Crisis     capabilities to resolve, a military joint special operations task force may be
Situations                 established to respond in accordance with contingency plans developed by
                           DOD. As a general principle, the Posse Comitatus Act8 and DOD regulations
                           prohibit the armed forces from being employed to enforce domestic law.
                           The Posse Comitatus Act, however, is subject to a number of statutory
                           exceptions, which permit the use of the armed forces in dealing with
                           domestic terrorist incidents in special situations. 9 According to Justice

                           6
                            These crisis management teams consist of the Nuclear/Radiological Advisory Team, the Nuclear
                           Emergency Search Team, the Joint Technical Operations Team, and the Lincoln Gold Augmentation
                           Team. Almost 800 contractor personnel are to be available to provide the scientific and technical
                           expertise in support of DOE crisis management teams. These contractor personnel normally work in
                           DOE facilities as weapons designers, engineers, and physicists. In addition, to deal with terrorist
                           incidents occurring at DOE facilities, DOE Special Response Teams would be the first to respond.
                           7
                            The Nuclear Regulatory Commission will be included in the DEST if the incident involves a facility it
                           has licensed.
                           8
                            See 18 U.S.C. section 1385.
                           9
                            For example, 18 U.S.C. section 1751 (i) (presidential assassination); 18 U.S.C. section 2332e
                           (emergencies involving chemical WMD); 18 U.S.C. section 1116 (murder) and 18 U.S.C. section 112(f)
                           authorize the Attorney General to request the assistance of military authorities for enforcement
                           purposes when the victim is a foreign official, official guest, or internationally protected person.



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                           Department officials, these statutory exceptions often require a request
                           from the Attorney General and concurrence by the Secretary of Defense.
                           Justice officials added that, in most instances, as a matter of policy,
                           approval by the President will also be sought whenever possible. Further,
                           Justice officials said that when military force is needed to restore order in
                           an act of domestic terrorism and renders ordinary means of enforcement
                           unworkable or hinders the ability of civilian law enforcement authorities,
                           the President must issue an executive order and a proclamation. These
                           documents are maintained in draft form and are ready for the President’s
                           signature if needed.

                           If military force is required and approved, the on-scene FBI commander
                           passes operational control of the incident site to the military commander.
                           The military commander develops and submits courses of action to the
                           National Command Authority. If the incident cannot be resolved
                           peacefully, the National Command Authority may order a military
                           operation, including the disablement of a WMD. Once this is accomplished,
                           the military commander returns operational control of the site to the FBI.
                           To date, military action has never been required to resolve a domestic
                           terrorist incident. Further, FBI officials stated that the FBI’s own tactical
                           skills to resolve a terrorist incident are generally equal to the military’s,
                           although technical assistance would be required in certain WMD incidents.


Domestic Crisis Response   Under PDD 39, supporting agencies are to provide trained personnel to the
Exercises                  DEST, and the FBI is to design and coordinate an overall DEST exercise
                           program. Although the FBI participated in 30 interagency exercises from
                           October 1994 through March 1997, the FBI had not yet led a full-field DEST
                           exercise. Exercises to date have included tabletop, command post, field
                           training, and joint readiness exercises. These exercises involved
                           conventional, chemical, biological, and nuclear incident scenarios. The FBI
                           sponsored 10 of the exercises. Through March of 1999, 25 more exercises
                           are scheduled.

                           The October 1994 Mirage Gold field exercise involved several agencies
                           with nearly 1,000 participants and was designed to test the interagency
                           crisis management capabilities for a nuclear incident. The exercise helped
                           the FBI and other agencies, such as DOE, identify needed improvements in
                           interagency coordination and intelligence flow, interagency coordination
                           of forensic matters, and information management and technical support.
                           FBI officials said they revised their crisis management plans accordingly
                           and took other steps based on the lessons learned from the exercise. For



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                   example, the Critical Incident Response Group implemented a crisis
                   management training program for senior FBI officials that emphasized the
                   Joint Operations Center concept.

                   Several interagency operational opportunities have arisen while preparing
                   for special events. In preparing for the 1996 Summer Olympic Games in
                   Atlanta, the FBI conducted WMD counterterrorism exercises, including
                   tabletop, leadership, command post, and full-field exercises. According to
                   an HHS official, participation in major events has been especially
                   instructive. For example, preparations for special events have helped HHS
                   identify needed improvements in communications equipment, the
                   distribution system for antidotes for WMD agents, and the surveillance
                   system for reporting illnesses associated with a chemical or biological
                   attack.

                   Individual agencies also have internal exercises related to crisis
                   management. For example, DOE has exercises that focus on crisis
                   management of a nuclear terrorist incident and include national
                   policy-level exercises to test interagency coordination and command and
                   control procedures; bilateral exercises with the FBI and other interagency
                   participants; various command post, field, and joint exercises with DOD;
                   team-level drills to test DOE personnel’s call-up and deployment response
                   capabilities; and frequent tabletop drills using a nuclear incident scenario
                   involving the development of appropriate emergency response strategies
                   to deal with the incident.10


                   For an international terrorist incident, the State Department is to lead U.S.
State Department   crisis management efforts. A number of contingency arrangements are
Leads Crisis       already in place to respond to a terrorist crisis. For example each
Management in      diplomatic post has an Emergency Action Committee and an Emergency
                   Action Plan. In addition, State’s Bureau of Diplomatic Security has
International      advance teams that can deploy to enhance a post’s security posture if the
Incidents          threat level increases. In an actual incident, crisis management would be
                   managed at a post by the Emergency Action Committee, led by the
                   ambassador, and at headquarters by a task force led by the Coordinator
                   for Counterterrorism. In addition, with permission from the host country,
                   a State-led FEST can deploy to support the ambassador at a post. The FEST
                   is tailored to the terrorist act and may include personnel with expertise to
                   deal with specific types of WMD incidents. Other agencies may also

                   10
                    According to DOE officials, DOE has also instituted an exercise after-action tracking system to
                   evaluate whether exercise objectives were met and to identify significant deficiencies in need of
                   corrective action.



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                           participate in U.S. crisis management overseas. For example, DOD, FBI, ATF,
                           HHS, EPA, or DOE teams could support overseas operations involving WMD.
                           The State Department and other agencies test their crisis management
                           capabilities through exercises at the interagency or individual agency
                           level.


State Department           The State Department generally is the lead agency in terrorist incidents
Responsible for            that take place outside the United States. PDD 39 reaffirmed the State
Management and             Department’s lead for interagency coordination of international terrorist
                           incidents. State Department has a variety of contingency arrangements
Contingency Arrangements   and plans in case of a terrorist attack on U.S. interests overseas. State’s
                           Emergency Planning Handbook serves as a consolidated source of
                           guidance for overseas posts on how to plan for and deal with emergencies
                           abroad. The handbook identifies post emergency management
                           responsibilities; discusses emergency and crisis management mechanisms
                           within State and with other U.S. government agencies; highlights the kinds
                           of information the post will need to plan for specific emergencies; and
                           provides action-oriented checklists that posts may use to ensure rapid,
                           clear, and complete responses in emergencies.

                           The Emergency Planning Handbook explains post mechanisms for crisis
                           management, including the Emergency Action Committee and the
                           Emergency Action Plan. Every U.S. diplomatic post is required to have an
                           Emergency Action Committee. In organizing for emergency action, the
                           ambassador establishes the committee and designates personnel
                           responsible for 19 specific crisis-related functions. Every post is also
                           required to have an operative Emergency Action Plan designed to provide
                           procedures to deal with foreseeable contingencies specific to the post. The
                           post plan is written by members of the post Emergency Action Committee
                           to implement department-level guidance (as contained in the Emergency
                           Planning Handbook) in conjunction with post-specific information. The
                           post plan translates worldwide guidance into a post-specific action plan
                           for dealing with a crisis.

                           State also maintains security response teams that can deploy in
                           anticipation of a crisis. The Bureau of Diplomatic Security has Mobile
                           Training Teams and Security Support Teams to respond to increased
                           threats or critical security needs at posts. These teams can provide special
                           training or assistance to plan or implement a drawdown or evacuate post
                           personnel. These teams are to provide supplemental support to Regional
                           Security Officers and stand ready for immediate deployment to any post.



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Task Forces and Foreign   Headquarters-level crisis management begins in the State Department’s
Emergency Support Teams   Operations Center, in coordination with the NSC. State’s Operations Center
                          maintains a 24-hour global watch and crisis management support staff.
                          The watch is the initial point of contact for posts experiencing emergency
                          crises, including terrorism. In a crisis, the Operations Center would
                          establish a 24-hour task force to coordinate the flow of communications
                          and instructions between the Department, other involved agencies,
                          overseas posts, and foreign governments. In a terrorist incident, this task
                          force would be chaired by the Coordinator for Counterterrorism and, in
                          addition to relevant State bureaus, may include other U.S. government
                          agencies with action responsibilities. Past task forces related to terrorism
                          include those for hijackings, the takeover of the cruise ship Achille Lauro,
                          the Pan Am flight 103 bombing, and the recent hostage crisis in Lima, Peru.

                          In coordination with NSC, State would lead an interagency FEST to assist the
                          ambassador—the on-scene coordinator for the U.S. government. The
                          purpose of a FEST is to assist the ambassador and host government to
                          manage a terrorist incident. The FEST is advisory and will not enter the host
                          country unless requested by the ambassador, with the host country’s
                          permission. The FEST also provides the ambassador a single point of
                          contact to coordinate all U.S. government on-scene support during a
                          terrorist incident.

                          Each FEST is tailored to the type of incident, the capabilities of the host
                          government, and the desires of the host government and the ambassador.
                          For example, the FEST can provide (1) guidance on terrorist policy and
                          incident management; (2) dedicated secure communications to support
                          the embassy throughout the incident; and (3) special expertise and
                          equipment not otherwise available, including a professional hostage
                          negotiations adviser. The FEST could include experts on managing specific
                          types of WMD incidents, such as nuclear, biological, and chemical threats.
                          Depending on the situation, the size of a FEST may range from a few
                          individuals to more than 30 people.


Other Agencies Support    In addition to providing advisers on the FEST, several other agencies, most
State Department          notably DOD, support the State Department with operational units. DOD has
                          forces from all the military services trained to cope with terrorist
                          incidents. Command and control elements for these forces exist and have
                          participated in exercises. State and DOD also have memorandums of
                          understanding on the coordination and implementation of plans for the
                          protection of U.S. citizens abroad in emergencies, and on the protection



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                       and evacuation of U.S. citizens and designated aliens abroad. A pending or
                       actual terrorist crisis may require the evacuation of U.S. government
                       employees and other Americans from the affected area. Such evacuations
                       (known in the military as Noncombatant Evacuation Operations) might be
                       necessary in the face of continued terrorist attacks, or in an attack
                       involving WMD. DOD has considerable assets with which to respond to all
                       three types of WMD incidents, including on-call rapid response teams,
                       equipment and vaccines, medical treatment personnel, and
                       decontamination capabilities.

                       In responding to a terrorist incident overseas, other agencies also support
                       the State Department. For example, ATF provides immediate response and
                       support teams related to explosives investigations. In WMD incidents, other
                       agencies already discussed under domestic WMD incidents could also
                       participate in crisis management of an international WMD incident. For
                       example, DOE, EPA, and HHS special teams could provide support in terrorist
                       incidents involving nuclear, chemical, or biological agents respectively.


International Crisis   In PDD 39, the President directed the heads of several agencies (including
Management Exercises   State, DOD, and DOE) to ensure that their organizations’ capabilities to
                       combat terrorism are, among other things, well exercised. The State
                       Department coordinates the interagency exercise program for
                       counterterrorism overseas. This program is coordinated with other
                       departments through the Interagency Working Group on
                       Counterterrorism’s Subgroup on Exercises. The exercise program is
                       designed to strengthen the U.S. government’s ability to deal with terrorist
                       attacks. Four to six full-scale interagency overseas exercises are
                       conducted annually. These involve the actual movement of response teams
                       in a scenario that simulates a realistic overseas terrorist incident. In
                       addition, tabletop exercises are held periodically to practice the
                       coordination and management of a terrorism crisis without the expense of
                       actually deploying special teams of people. The scenarios and agencies
                       differ from exercise to exercise to develop and improve U.S. capabilities to
                       deal with a variety of situations. Some exercises are conducted in overseas
                       locations with host government participation.

                       DOD runs several interagency field exercises. The Chairman of the Joint
                       Chiefs of Staff sponsors the Eligible Receiver exercises each year. These
                       are no-notice interoperability exercises that involve not only DOD forces
                       but also representatives from State, Justice, FBI, CIA and potentially DOE,
                       EPA, and HHS. These exercises also require regional commanders in chief to




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execute their own response plans and test agency interoperability. In
addition, the regional commanders in chief conduct the Ellipse exercises,
which involve interagency participation.

Interagency tabletop exercises are conducted under the Interagency
Terrorism Response Awareness Program. Some of these senior-level
interagency exercises have been hosted by DOD’s Assistant Secretary of
Defense for Special Operations and Low Intensity Conflict. In these
exercises, officials practice interagency coordination for terrorist crises
and special events, such as terrorists’ use of WMD, or the presidential
inaugurations. These exercises, now in their seventh iteration, have been
conducted for Coordinating Sub-Group officials at the Assistant Secretary
level, and were designed to exercise policy issues in combating terrorism.

Individual agencies also have internal terrorism exercises for international
incidents. For example, some of DOD’s Ellipse exercises are done
internally, without major participation by other agencies. These exercises
require the regional commanders in chief to exercise all levels of their
response capabilities—tabletop sessions with their staff, response forces,
and interagency crisis management cells and integration with Special
Operations Forces. In addition, DOD also runs exercises related to
evacuations of U.S. diplomatic personnel and other Americans. Some of
these may include some participation by other agencies. For example,
since 1991, the State Department has participated in the U.S. Marine
Corps’ special operations capable exercise program (i.e., SOCEX) to help
train Marine Expeditionary Units in Noncombatant Evacuation
Operations.

The State Department also runs internal exercises at overseas posts to test
their Emergency Action Committees and Emergency Action Plans, and to
generally prepare them for crisis management. The Department conducts
exercises designed to expose posts to issues of decision-making,
contingency planning, implementation of plans and formulation, and
interpretation and coordination of policy. These exercises may cover a
wide range of contingencies related to terrorism, such as hostage
barricades, terrorist threats, and bombings. The State Department has
been running these at-post exercises since 1983. In addition to these
Department-led exercises, the post-level Emergency Action Committee is
to prepare, execute, and evaluate post-level crisis exercises. These
exercises are designed to test individuals’ understanding of their roles
under all foreseeable crises. They seek to identify gaps or ambiguities in
the plan or in departmental guidance.



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                      U.S. policy for combating terrorism calls for the investigation of
Arrest and Criminal   terrorism-related crimes and the apprehension and prosecution of
Prosecution of        terrorists. Arresting terrorists and bringing them to justice entails the
Terrorists            application of U.S. criminal statutes and, in some cases, international
                      treaties or agreements to obtain custody of the terrorists overseas and
                      deliver them to the United States for prosecution. The Department of
                      Justice (and the State Department involving the extradition or rendition of
                      terrorists overseas) leads the federal government’s efforts to apprehend
                      terrorists for prosecution.

                      As the principal investigative agency of the federal government for
                      terrorism matters, the FBI is to detect and investigate acts of terrorism
                      against U.S. persons and property, both in the United States and abroad.
                      The FBI’s investigative authority is broad and its counterterrorism
                      investigations involve a variety of potential incidents. Such incidents
                      include domestic terrorism, bombings or attempted bombings,
                      hostage-taking, homicides or attempted homicides of U.S. citizens
                      overseas, sabotage, and extortion by threatening to use WMD. Table 3.1
                      shows that, depending upon the nature of a terrorist incident, other federal
                      agencies may also participate in or support terrorism investigations.11




                      11
                       For more information on the specific investigative authorities of different agencies, see Federal Law
                      Enforcement: Investigative Authority and Personnel at 13 Agencies (GAO/GGD-96-154, Sept. 30, 1996).



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Table 3.1: Federal Agencies’
Involvement in Investigations Related   Federal agency                 Involvement
to Terrorism                            FBI                            Acts as lead federal agency for all domestic and
                                                                       overseas terrorism investigations.
                                        State Department, Bureau of    Diplomatic lead for overseas terrorism investigations.
                                        Diplomatic Security            Participates in investigations of terrorist incidents against
                                                                       U.S. diplomatic personnel and other persons under its
                                                                       protection. State also investigates passport and visa fraud.
                                        Bureau of Alcohol, Tobacco,    Investigates terrorist bombings and explosive blast
                                        and Firearms                   scenes, both domestic and international.
                                        Secret Service                 Investigates terrorist threats against officials under its
                                                                       protective mission, including the President and Vice
                                                                       President, and economic crimes committed by terrorists.
                                        Customs Service                Investigates foreign and domestic cases of terrorists and
                                                                       terrorist materials crossing U.S. borders, violations of
                                                                       economic sanctions and embargoes, and money
                                                                       laundering related to financing designated international
                                                                       terrorist organizations.
                                        Financial Crimes               Supports lead investigative agencies in determining
                                        Enforcement Network            actual or suspected terrorists’ financial transactions and
                                        (Treasury)                     money laundering.
                                        Immigration and                Investigates cases of terrorists crossing U.S. borders.
                                        Naturalization Service
                                        Environmental Protection       Supports lead investigative agency in terrorist cases
                                        Agency                         involving the actual or potential release of hazardous
                                                                       materials.
                                        Postal Inspection Service      Investigates terrorist attacks involving U.S. Postal Service
                                                                       property or functions.
                                        Source: Agency documents.



                                        The FBI is to arrest individuals who commit terrorist acts, and the
                                        Department of Justice is responsible for prosecuting them. The U.S.
                                        Attorney’s office of the federal district in which a terrorist crime occurs
                                        leads the prosecution for terrorist acts committed within the United
                                        States. For terrorism-related crimes committed overseas, the U.S. Attorney
                                        for the District of Columbia, together with the Department of Justice
                                        Criminal Division’s Terrorism and Violent Crime Section, ordinarily
                                        prosecutes the offense. When terrorist suspects are located overseas, an
                                        indictment is usually obtained in a U.S. court before their apprehension, if
                                        possible.

                                        Where terrorists operate abroad, the federal government applies
                                        extraterritorial statutes to prosecute them. PDD 39 states that, if terrorists
                                        are wanted for violation of U.S. laws and are at large overseas, their return




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for prosecution is a matter of the highest priority and is a central issue in
bilateral relations with any country that harbors or assists terrorists. The
United States has extradition treaties with a number of countries, and
since 1993, it has obtained two terrorist suspects through extradition. The
State Department is currently working to renegotiate a number of
extradition treaties to extend their application to terrorist-related crimes.
In some instances, the United States has obtained custody over a
suspected terrorist by agreement with the asylum nation to render the
individual to the United States for trial without resort to the formalities of
an extradition treaty. Since 1993, the United States has obtained custody
over six terrorists in this manner.

Another tool for arresting and prosecuting terrorist suspects is the State
Department’s Counterterrorism Rewards Program. The program will pay
up to $2 million for information that leads to the arrest or conviction in
any country of any individual involved in an act of international terrorism
or information that averts an act of international terrorism against U.S.
persons or property. Since 1991, the program has paid over $5 million in
more than 20 cases.




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Managing the Consequences of Terrorist
Incidents

                     Consequence management is the preparation for and response to the
                     consequences of a terrorist incident. Specific consequence management
                     activities include measures to alleviate damage, loss of life, or suffering;
                     protect public health and safety; restore essential government services;
                     and provide emergency assistance. Consequence management can follow
                     crisis management, but these two activities usually occur simultaneously
                     or overlap, depending on the nature of the terrorist incident.

                     Unlike crisis management, the federal government does not have primary
                     responsibility for consequence management, but it supports state and local
                     governments in domestic incidents or host governments in international
                     incidents. Federal capabilities that would support state and local
                     governments in any disaster would be leveraged to also assist them in
                     terrorist incidents. FEMA, using the Federal Response Plan, coordinates all
                     federal efforts to manage consequences in domestic incidents for which
                     the President has declared, or expressed an intent to declare, an
                     emergency. The State Department, in coordination with the Agency for
                     International Development, coordinates all federal consequence
                     management efforts overseas. Terrorist attacks that successfully employ
                     WMD would be particularly dangerous and complex, and several federal
                     agencies might provide highly specialized consequence management
                     capabilities under either FEMA or State Department leadership. Federal
                     agencies conduct a variety of exercises to prepare to manage the
                     consequences of terrorist incidents. Because of the Nunn-Lugar-Domenici
                     legislation, federal agencies, led by FEMA and DOD, have increased their
                     focus on training local authorities who would first respond to terrorist
                     incidents.


                     State governments have primary responsibility for managing the
Managing the         consequences of domestic disasters, including major terrorist incidents.
Consequences of      Through the Stafford Act and PDD 39, the federal government can support
Domestic Incidents   state and local authorities if they lack the capabilities to respond
                     adequately. In the transition from crisis management to consequence
                     management, the lead federal agency shifts from FBI to FEMA. FEMA
                     manages the support provided by other federal agencies and coordination
                     with state and local authorities. FEMA coordinates such federal assistance
                     in accordance with an existing contingency plan. FEMA, as directed by the
                     President in PDD 39, evaluated the adequacy of this plan and issued a
                     separate annex on terrorism.




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                           Incidents




                           At the policy level, the FEMA-led Senior Interagency Coordination Group on
                           Terrorism serves as the interagency forum for domestic terrorism-related
                           consequence management issues. This group, established in
                           November 1996, meets monthly, or as needed, and consists of FEMA, DOD,
                           Justice, FBI, DOE, HHS, EPA, Transportation, Agriculture, the General
                           Services Administration and the National Communications System. This
                           group was established by the director of FEMA and focuses on domestic
                           consequence management only. It is separate from the NSC-sponsored
                           Interagency Working Group on Counterterrorism and its subgroup on
                           consequence management (which focuses on international consequence
                           management). The coordination group sponsors multiagency working
                           groups to address specific issues, initially focused on training.


FEMA Coordinates Federal   The Robert T. Stafford Disaster Relief and Emergency Assistance Act
Response to Domestic       authorizes the President to issue emergency and major disaster
Incidents                  declarations in response to a governor’s request.1 Such a declaration can
                           be made without a governor’s request in rare emergencies, including some
                           acts of terrorism, for which the federal government is assigned the
                           exclusive or preeminent responsibility and authority to respond.2 The
                           Stafford Act provides FEMA with authority to assign missions to any federal
                           agency in the event of a disaster or emergency declared by the President.

                           For a terrorist incident, PDD 39 directs FEMA to (1) appoint an officer to
                           direct the federal consequence management response, (2) issue and track
                           the status of consequence management actions assigned to federal
                           agencies, (3) establish the primary federal operations centers, (4) establish
                           the primary federal centers for information, (5) designate appropriate
                           liaisons, (6) determine when consequences are imminent that warrant
                           consultations with the White House and governor’s office, (7) consult with
                           the White House and governor’s office, and (8) coordinate the federal
                           consequence management response with the lead state and local
                           consequence management agencies.3

                           FEMA coordinates the federal response through a generic disaster
                           contingency plan known as the Federal Response Plan. The plan, which

                           1
                            42 U.S.C. section 5121 et. seq.
                           2
                            As an example of this, the President made such a declaration after the bombing of a federal building
                           in Oklahoma City under subsection 501(b) of the Stafford Act.
                           3
                            Several other federal agencies, such as EPA and HHS, also have protocols and experience
                           coordinating with state and local governments in emergency responses. For example, EPA, works with
                           local governments on chemical releases through Local Emergency Planning Committees.



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                         Incidents




                         implements the authorities of the Stafford Act, is used to respond to
                         incidents or situations requiring federal emergency disaster assistance and
                         to facilitate the delivery of that assistance. The plan outlines the planning
                         assumptions, policies, concepts of operations, organizational structures,
                         and specific assignment of responsibilities to lead departments and
                         agencies in providing federal assistance. The plan categorizes types of
                         federal assistance into specific emergency support functions (e.g.,
                         information and planning, health and medical services, urban search and
                         rescue).


Transition From Crisis   The transition from crisis management to consequence management can
Management to            occur in a variety of ways. In general, crisis management and consequence
Consequence Management   management activities may occur concurrently. If consequences become
                         imminent or actually occur, state and local authorities would initiate
                         consequence management actions, while FEMA would monitor the situation
                         in consultation with the President and the governor. If state and local
                         capabilities are overwhelmed, the President could then direct FEMA, with
                         the support of appropriate federal agencies, to assist the state, in
                         coordination with FBI. When the Attorney General, in consultation with the
                         directors of FBI and FEMA, determines that the FBI no longer needs to
                         function as the lead agency, the Attorney General may transfer the lead
                         agency role from FBI to FEMA. Table 4.1 compares the federal government’s
                         organization for crisis management and consequence management in a
                         domestic terrorist incident.




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Table 4.1: the Federal Government’s
Organizations for Crisis Management                                                                Consequence
and Consequence Management of a       Function or Structure           Crisis Management            Management
Domestic Terrorist Incident.          Lead agency                     FBI                          FEMA
                                      Headquarters coordination       FBI-led Strategic            FEMA-led Catastrophic
                                      group                           Information Operations       Disaster Response Group
                                                                      Center monitors situation    monitors situation
                                      Regional/local coordination     FBI Field Office             FEMA Regional Operations
                                                                                                   Center
                                      On-scene coordination center FBI Command Post. If            FEMA-led Disaster Field
                                                                   interagency, FBI-led Joint      Office
                                                                   Operations Center
                                      On-scene coordinator            FBI Special Agent in Charge FEMA Federal Coordinating
                                                                                                  Officer
                                      Interagency augmentation        FBI-led DEST                 FEMA-led Emergency
                                      team                                                         Support Team
                                      Policy guidance                 PDD 39, domestic             Stafford Act, PDD 39, FEMA
                                                                      guidelines                   Federal Response Plan and
                                                                                                   Terrorism Incident Annex
                                      Other relevant guidance         FBI Nuclear Incident         Federal Radiological
                                                                      Contingency Plan,            Emergency Response Plan,
                                                                      FBI Chemical/Biological      HHS Health and Medical
                                                                      Incident Contingency Plan    Services Support Plan, EPA
                                                                                                   National Contingency Plan
                                      Local/site guidance             Site-specific plans (e.g.,   FEMA Regional Office’s
                                                                      nuclear power plan site      regional response plans,
                                                                      contingency plan).           state or local response plans
                                      Source: GAO analysis of documents from FBI and FEMA .



                                      Advance planning or other consequence management activities may occur
                                      during the crisis management phase. The on-scene Joint Operations
                                      Center, discussed in chapter 3, includes an interagency consequence
                                      management group, led by FEMA, to monitor a crisis and provide advice
                                      and continuity of leadership should consequence management be
                                      necessary. If an incident occurs without warning and immediately
                                      produces major consequences that appear to be caused by an act of
                                      terrorism, FEMA and the FBI would initiate consequence management and
                                      crisis management concurrently. In some cases, planning and preparation
                                      for consequence management occurs without any crisis at all. For
                                      example, at special events within the United States (e.g., the Olympics or
                                      inauguration), the President may direct federal agencies to take
                                      precautionary actions, due to a general concern or an actual threat of
                                      terrorism.




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Other Agencies Support   FEMA’s Federal Response Plan outlines the roles of other federal agencies
the Federal Response     in consequence management. The plan covers a wide variety of
                         contingencies, involving both conventional or WMD terrorist attacks.

                         In WMD terrorist incidents, FEMA would lead consequence management
                         activities, with support from other federal agencies, to assist people and to
                         dismantle, transfer, dispose of, and decontaminate property exposed to
                         WMD material. FEMA’s Terrorism Annex to the Federal Response Plan deals
                         specifically with WMD terrorist incidents. For nuclear incidents, FEMA also
                         coordinates federal support using the framework defined in the Federal
                         Radiological Emergency Response Plan. Together, these plans lay out the
                         support responsibilities of specific federal agencies.

                         Table 4.2 displays the consequence management roles and missions of
                         different federal agencies to support FEMA in consequence management. As
                         shown in this table (and also in app. III), several federal agencies have
                         similar capabilities to provide consequence management in WMD incidents.




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Table 4.2: Consequence Management Roles and Missions of Federal Agencies That Support FEMA in a Domestic Terrorist
Incident.


HHS                   The Office of Emergency Preparedness coordinates HHS efforts to provide medical and health care support.
                      For any type of incident, HHS can activate Disaster Medical Assistance Teams to provide triage and medical
                      care at the incident site. HHS (with FEMA, DOD and the Department of Veterans Administration) can also
                      activate the National Disaster Medical System to track hospital beds for mass casualties. Further, HHS can
                      activate Disaster Mortuary Teams to assist localities with the identification and processing of deceased
                      victims. For all WMD incidents, HHS is developing three National Medical Response Teams and regionally
                      located Metropolitan Medical Strike Teams. For biological incidents, HHS can help provide agent identification
                      through its laboratories at the Centers for Disease Control and Prevention, the National Institutes of Health, the
                      Agency for Toxic Substance and Disease Registry, and the Food and Drug Administration. In addition, the
                      HHS counterterrorism plan covers administering appropriate antidotes and vaccines and decontaminating
                      victims.
DOD                   The Secretary of the Army directs DOD efforts to provide a wide range of support services. For biological
                      incidents, response teams and laboratories at the U.S. Army Medical Research Institute of Infectious Diseases
                      and the U.S. Naval Medical Research Institute can help identify biological agents and has limited capability to
                      administer appropriate antidotes and vaccines. For chemical and biological incidents, the Marine Corps
                      Chemical Biological Incident Response Force can provide agent identification, triage, decontamination, and
                      medical care for victims. For both chemical and nuclear incidents, the Defense Special Weapons Agency
                      could project potential plume sizes and directions for planning evacuations and other remedial activities. For
                      nuclear incidents, the Army’s Technical Escort Unit could package and transport a nuclear device.
EPA                   The Office of the Emergency and Deputy Emergency Coordinator coordinates EPA support in chemical and
                      nuclear incidents. For chemical incidents, EPA’s On-Scene Coordinators, Environmental Response Teams,
                      research laboratories, and EPA-led interagency National Response Team could identify, contain, clean up,
                      and dispose of chemical agents. Five of EPA’s research labs have mobile units that could analyze chemical
                      and some biological agents. For nuclear incidents, in accordance with the Federal Radiological Emergency
                      Response Plan, EPA could activate its Radiological Emergency Response Teams, Radiation Environmental
                      Laboratories, and Environmental Radiation Ambient Monitoring System to monitor and assess radiation
                      sources and provide protective action guidance.
DOE                   The Office of Emergency Response (within the Office of Defense Programs) manages DOE support in nuclear
                      incidents. In accordance with the Federal Radiological Emergency Response Plan, DOE could activate a
                      number of units, such as the Federal Radiological Monitoring and Assessment Center, Accident Response
                      Group, Aerial Measuring System, Radiological Assistance Program, Atmospheric Release Advisory Capability,
                      and Radiation Emergency Assistance Center and Training Site. These units could provide a number of
                      services, to include prediction of the consequences of high-explosive nuclear detonations, advice on medical
                      and health impacts, monitor radiation, aerial radiological surveys, projection of plume sizes and directions,
                      and decontamination. DOE could also package and transport a nuclear device.
                                           Source: GAO analysis of documents from HHS, DOD, EPA, and DOE.



                                           HHS  can provide medical and public health support to local authorities in
                                           any type of terrorist incident. Through its Office of Emergency
                                           Preparedness, HHS has developed a Strategic National Counterterrorism
                                           Plan, with goals to improve local health and medical capabilities for a
                                           rapid and effective response and to improve the federal capability to
                                           quickly augment the state and local response. To implement this plan, the
                                           office is developing a concept of operations plan with individual cities. In




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addition, HHS recently developed a Health and Medical Service Support
Plan for the federal response to acts of chemical and biological terrorism.
HHS may draw upon a number of resources both inside and outside the
Department to respond to a terrorist incident, as shown above in table 4.2
and appendix III.

DOD  has considerable assets with which to support consequence
management in any type of terrorist incident.4 The Nunn-Lugar-Domenici
legislation requires the Secretary of Defense to develop and maintain at
least one domestic terrorism rapid response team that can aid federal,
state, and local officials to detect, neutralize, contain, dismantle, and
dispose of chemical and biological weapons. DOD has designated the
Chemical Biological Quick Response Force to meet this requirement. This
force is not a specific unit but a number of task-organized units that could
participate under the leadership of the Army’s Chemical, Biological, and
Decontamination Command.5 The role of these units is described above in
table 4.2, and in appendix III.

EPA has many assets to respond to a terrorist incident involving WMD. EPA’s
Office of the Emergency and Deputy Emergency Coordinator is to lead
EPA’s preparedness and response activities to combat terrorism, and to
coordinate EPA’s actions. EPA technicians and supporting equipment have
the capability to identify contaminants, collect and analyze samples,
monitor contaminants, and decontaminate equipment or sites. EPA helped
plan for a federal consequence management response to potential terrorist
incidents at the 1996 Olympics and deployed personnel and equipment to
Atlanta during the entire event. Specific EPA units and their roles are
described above in table 4.2, and in appendix III.

DOE has several assets that could be used to assist the interagency effort
during the consequence management phase of a nuclear or radiological
terrorist incident. These programs deal primarily with radiological
containment and mitigation of the effects of radiation, such as plume and
dose projections and aerial radiological survey results. Under the Federal
Radiological Emergency Response Plan, DOE is to coordinate federal
radiological monitoring and assessment; act as a technical liaison to

4
 DOD Directive 3025.15 outlines conditions of military support during both crisis management and
consequence management. The Secretary of the Army serves as the DOD executive agent for civil
emergencies and is assisted in this role by the Director of Military Support. This office reviews
requests for civil disaster response and recommends an appropriate course of action.
5
These task-organized units include the U.S Army Technical Escort Unit, the Marine Corps Chemical
Biological Incident Response Force, the U.S. Army Medical Command, and the Naval Medical
Research Institute.



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                         federal, state, and local authorities; maintain a common set of monitoring
                         data; assisting with technical and medical advice; assist in
                         decontamination and recovery planning; and aid in the transition of the
                         incident to EPA management. As part of consequence management, DOE
                         also develops and implements methods to contain high-explosive
                         detonations and predict the consequences of mitigated and unmitigated
                         high-explosive and nuclear detonations. Specific DOE units and their roles
                         are described above in table 4.2, and in appendix III.

                         Other federal agencies could also provide assistance with consequence
                         management, depending on the circumstances. For example, if a chemical
                         incident occurred in a port, the U.S. Coast Guard has capabilities to assist
                         with decontamination.


FEMA Assesses Federal,   In PDD 39, the President tasked FEMA to review the adequacy of the Federal
State, and Local         Response Plan to deal with a terrorist incident, including those involving
                         WMD. FEMA and other agencies (i.e., DOD, HHS, FBI, DOE, and EPA) reviewed
Capabilities
                         the Federal Response Plan and, in February 1997, published a
                         supplemental Terrorism Incident Annex to provide guidance for
                         responding to terrorist incidents within the United States.

                         FEMA,  in coordination with other federal departments and agencies, also
                         assessed the capabilities of federal agencies to provide consequence
                         management in a WMD incident. As part of these assessments, FEMA
                         developed five detailed scenarios, describing various WMD incidents which
                         were used by federal officials to assess their current capabilities to meet
                         response requirements.6 As a result of the assessment, FEMA and the other
                         agencies identified 12 critical areas that needed to be addressed, including
                         the need for baseline information on capabilities; combined
                         federal/state/local planning; and timely federal augmentation of local
                         authorities.7 Since the assessment, a number of agencies have started
                         initiatives to improve federal capabilities.

                         FEMA also assessed the capabilities of state and local governments to deal
                         with the immediate effects of a terrorist event, including one involving

                         6
                          These five scenarios were a (1) terrorist exploding a plutonium device, (2) terrorist exploding a
                         nuclear uranium device, (3) terrorist using anthrax, (4) terrorist using nonpersistent nerve agents
                         (Sarin), and (5) terrorist using persistent nerve agents (VX).
                         7
                          The results of this assessment were documented in the Report to the President: An Assessment of
                         Federal Consequence Management Capabilities for Response to Nuclear, Biological, or Chemical
                         Terrorism, dated February 1997, and Report to Congress on Response to Threats of Terrorist Use of
                         Weapons of Mass Destruction, dated January 31, 1997.



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                         WMD.  The President and Congress have tasked FEMA and other agencies to
                         assess the capabilities of state and local authorities to respond to terrorist
                         incidents. For example, PDD 39 tasked FEMA to ensure that state response
                         plans and capabilities are adequate and tested. Consequently, FEMA and
                         other agencies worked with state and local authorities to assess the needs
                         of local first responders. FEMA surveyed state terrorism response
                         capabilities through the National Governor’s Association and held focus
                         group discussions with emergency first responders from four metropolitan
                         areas on the capabilities and needs of local governments to respond to
                         terrorist incidents. In making these assessments, FEMA again used its five
                         detailed WMD scenarios for state and local officials to assess their current
                         capabilities.


                         While host governments are to manage the consequences of terrorist
Managing the             incidents overseas, the United States may provide assistance under certain
Consequences of          circumstances. When the United States provides consequence
International            management overseas, the State Department is the lead agency, and the
                         U.S. Agency for International Development (USAID) plays a key role by
Incidents                assessing requirements in a given country. To date, U.S. government
                         contingency plans for overseas consequence management have focused on
                         WMD incidents, which are those most likely to overwhelm host government
                         capabilities. The same federal agencies that have specialized capabilities
                         to deal with domestic WMD incidents might also support efforts overseas.


State Department Leads   Unlike domestic incidents, there is no transfer of leadership in
Consequence Management   international terrorist incidents—the State Department leads both crisis
Activities               management and consequence management. The U.S. government
                         provides consequence management overseas when an ambassador has
                         determined that the host government is unable to cope with the problem
                         without outside help, that it wants assistance, and that it is in U.S.
                         interests to provide it. U.S. government disaster assistance is designed to
                         complement host country efforts, not to replace them.

                         In addition to its leadership role, the State Department has operational
                         responsibilities for consequence management. For example, State
                         Department consular officers are to assist American victims with medical
                         care as well as identify the remains, notify the next of kin, and ship the
                         remains of deceased victims.




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USAID Has Key Role in        USAID’s Office of Foreign Disaster Assistance (OFDA) is the lead agency for
Disaster Relief              coordinating the U.S. government humanitarian relief and rehabilitation
                             activities. OFDA might respond to virtually any disaster abroad, with
                             emphasis on humanitarian relief in the form of equipment and funds. OFDA
                             can provide damage and needs assessment specialists and a wide variety
                             of disaster management consultants, should the post require them. OFDA
                             has four stockpiles of basic disaster relief items, such as tents, plastic
                             sheeting, and blankets. These stockpiles are strategically located around
                             the world and could be used to provide humanitarian assistance in the
                             wake of a terrorist incident. These stockpiles are used frequently, and due
                             to changing stock levels, OFDA determines how to best support a specific
                             disaster and when to release stockpile material.


State Department Is to       U.S. government efforts to provide consequence management overseas
Plan Response to Incidents   have focused on WMD incidents, which are the most likely to overwhelm
Involving WMD                host nation capabilities. In PDD 39, the President directed the State
                             Department, in coordination with OFDA and DOD, to develop a plan to
                             provide assistance to foreign populations that are victims of terrorist WMD
                             attacks. The State Department’s Bureau of Political and Military Affairs
                             has written draft guidelines for a consequence management response to an
                             international WMD incident. The guidelines provide instructions, within the
                             framework of counterterrorism policy documents, to provide U.S.
                             government assistance. These guidelines require that State (along with
                             OFDA, DOD, DOE, and HHS) maintain the capability to respond rapidly to any
                             incident when approved by the NSC. The response would be authorized
                             subject to concurrences of the ambassador and host government.

                             The guidelines identify various response teams and detail their
                             deployment and employment considerations. For example, State and OFDA
                             are to provide a standing Consequence Management Response Team
                             designed to help manage the consequences of an WMD emergency overseas.
                             This team would be tailored to meet the specific emergency situation or
                             conditions, and would deploy as an integral part of the NSC-directed FEST.
                             The team leader would normally be from State’s Bureau of Political
                             Military Affairs and would coordinate consequence management activities,
                             ensure that the ambassador is kept informed, and ensure the proper
                             integration of all relief activities. The team leader would also serve as
                             primary liaison between the ambassador, FEST, and team technical experts.
                             The Consequence Management Response Team, through its OFDA
                             representative, would coordinate all U.S. government consequence
                             management activities with appropriate authorities of the affected country



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                        as well as the international organizations, private voluntary organizations,
                        and nongovernment organizations that may be involved in the emergency.
                        The same federal agencies that would provide consequence management
                        in a domestic WMD incident (e.g., HHS, DOD, EPA, and DOE) could also
                        respond overseas.


                        U.S. government agencies participate in exercises to prepare for
Consequence             consequence management. Consequence management exercises are
Management              usually tied into crisis management exercises and often involve federal,
Exercises               state, and local authorities. The Nunn-Lugar-Domenici legislation has put
                        additional emphasis on and funding for federal efforts to train local first
                        responders in selected cities to deal with domestic WMD incidents.


Interagency Exercises   In PDD 39, the President directed several agency heads to exercise their
Enhance Preparedness    capabilities to combat terrorism. Several interagency exercises are
                        dedicated to, or include consequence management in terrorist incidents.
                        For domestic incidents, FEMA has developed an interagency national
                        exercise schedule to document and disseminate information on planned,
                        unclassified exercises related to WMD terrorist incidents and involve
                        multiple agencies and/or levels of government. Exercises included in the
                        schedule include the FEMA-led Ill Wind series, which is designed to test
                        coordination at the federal, state, and local level in response to a terrorist
                        incident involving biological and chemical weapons. For fiscal year 1997,
                        the emphasis of this program was on tabletop exercises in each FEMA
                        regional office to familiarize regional and state responders with the new
                        Terrorism Incident Annex to the Federal Response Plan. For international
                        incidents, DOD’s Eligible Receiver and Ellipse exercises, discussed in
                        chapter 3, have also included cells that plan consequence management
                        deployments.8 DOD officials said that recent and planned Eligible Receiver
                        and Ellipse exercises have more emphasis on consequence management.
                        Agencies participating in these interagency exercises include FEMA, FBI,
                        State, HHS, DOD, EPA, DOE, USAID, and the Department of Transportation.

                        Agencies have also taken part in consequence management exercises
                        related to several special events, such as presidential inaugurations,
                        economic summits, and the Olympic Games. During the 1996 Atlanta

                        8
                         DOD officials told us that while these exercises have consequence management planning cells, they
                        do not always include the actual deployment of troops to conduct consequence management activities
                        (e.g., setting up mess halls, building field hospitals, purifying water). They were not concerned about
                        the lack of consequence management field exercises because they said their units were already well
                        trained in these activities.



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                          Olympic Games, for example, DOD supported civil agencies by planning to
                          respond to terrorist attacks involving conventional high explosives and
                          WMD. The Director of HHS’ Office of Emergency Preparedness said that
                          these types of events are among the most valuable exercises. HHS’
                          participation in exercises related to the Atlanta Olympics was their
                          agency’s first large-scale interagency exercise, and it helped HHS identify a
                          number of areas that needed improvement, such as secure
                          communications equipment, the distribution system for antidotes, and the
                          surveillance system to associate reported illnesses with a potential
                          chemical or biological release.


Individual Agencies       HHS  has sponsored exercises with Disaster Medical Assistance Teams and
Conduct Exercises         specialty teams and is working with DOD to identify training needs for the
                          local Metropolitan Medical Strike Teams. HHS places great emphasis on
                          improving the capabilities of local emergency medical systems, since they
                          will be the first on the scene of a terrorist incident.

                          Much of the State Department’s crisis management exercises (discussed in
                          ch. 3) would be applicable to consequence management as well. For
                          example, exercises related to the evacuation of an embassy in the
                          Emergency Planning Handbook could be directly relevant in the aftermath
                          of an overseas terrorist WMD incident.


FEMA and DOD Have Key     Federal training efforts for local first responders for WMD incidents are
Roles in Training First   being coordinated by the FEMA-led Senior Interagency Coordination Group
Responders                on Terrorism. This Group and its associated Training Task Group provide
                          policy-level guidance in the development of a governmentwide terrorism
                          training strategy. These groups also develop and oversee the interagency
                          training strategy.9 The strategy includes the following elements: prioritize
                          Nunn-Lugar-Domenici training, continue to analyze training needs,
                          compile a compendium of existing training, deliver training in
                          nontraditional ways, develop training for unmet needs, and work better
                          with states and cities.

                          DOD has a major role in training first responders due to the
                          Nunn-Lugar-Domenici legislation. This act directed DOD, in coordination
                          with FEMA and other agencies, to assist state and local agencies to train
                          and prepare for the consequences of a terrorist WMD incident. In

                          9
                          An Integrated Approach to Federal Training Regarding Terrorist Use of Weapons of Mass Destruction,
                          Report of the Training Task Group of the Senior Interagency Coordination Group on Terrorism,
                          December 11, 1996.



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accordance with DOD Directive 3025.15, the Director of Military Support is
the action office for implementing DOD’s Nunn-Lugar-Domenici
responsibilities for training.

Before providing targeted training, FEMA and DOD assessed the general
training needs of local first responders. FEMA/DOD-led assessments have
found several areas where additional training was needed. Specific needs
included (1) training for first responders on incidents in which the WMD
agent is unknown, (2) training on how to use the media, (3) training on
planning and managing victim and family assistance, (4) training on
medical triage and decontamination, and (5) multiagency and
multijurisdictional training and exercises. Assessments of specific state
and local training needs are ongoing to prepare for initial training.

DOD, through the Director of Military Support, plans to concentrate
training resources initially on first responders from 27 cities and
metropolitan areas. The training will be provided by multiagency teams of
experts and generally be provided to local authorities’ training
organizations. The original 27 communities were selected based on their
population, risk, and geographic dispersion. Federal training could thereby
reach the largest number of people in the shortest time. DOD has plans to
eventually expand the number of cities reached to 120. DOD will “train the
trainers” in these local organizations so that they, in turn, can train others
throughout their communities. Figure 4.1 shows the initial 27 cities
scheduled to receive Nunn-Lugar-Domenici first responder training.




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Figure 4.1: Initial 27 Cities Scheduled to Receive Nunn-Lugar-Domenici First Responder Training.

                                                  Denver, CO         Kansas City, MO      Milwaukee, WI
   Seattle, WA
                                                                                          Chicago,IL
                                                                                                       Detroit, MI




                                                                                                                                Boston, MA

                                                                                                                                New York, NY
                                                                                                                                Philadelphia, PA
                                                                                                                                Columbus,OH
   San Francisco, CA                                                                                                            Baltimore, MD
   San Jose, CA                                                                                                                 Washington, DC
                                                                                                                                Indianapolis, IN



   Los Angeles, CA

   San Diego, CA
   Phoenix, AZ                                                                                                                   Atlanta, GA



                                                                                                                                 Jacksonville, FL




                                                                                                                                Miami, FL



                                                                          Houston, TX
                                                                      Dallas, TX        Memphis, TN
                             Anchorage, AK        Honolulu, HI   San Antonio, TX



                                             Source: DOD, Director of Military Support.




                                             Other agencies are also involved in providing Nunn-Lugar-Domenici or
                                             related training to first responders. For example, EPA is training first
                                             responders on hazardous material identification and handling. DOE is also
                                             involved in first responder training through the First Responder Focus
                                             Group sessions sponsored by the Army’s Chemical and Biological Defense
                                             Command, and developed first responder training objectives and
                                             curriculum.




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Appendix I

U.S. Policy on Combating Terrorism


                 This unclassified abstract of Presidential Decision Directive 39 (PDD 39) is
                 reproduced verbatim. The National Security Council (NSC) reviewed and
                 approved it for distribution to federal, state, and local emergency response
                 and consequence management personnel.


                 1. General. Terrorism is both a threat to our national security as well as a
                 criminal act. The Administration has stated that it is the policy of the
                 United States to use all appropriate means to deter, defeat and respond to
                 all terrorist attacks on our territory and resources, both people and
                 facilities, wherever they occur. In support of these efforts, the United
                 States will:

             •   Employ efforts to deter, preempt, apprehend and prosecute terrorists.
             •   Work closely with other governments to carry our counterterrorism policy
                 and combat terrorist threats against them.
             •   Identify sponsors of terrorists, isolate them, and ensure they pay for their
                 actions.
             •   Make no concessions to terrorists.

                 2. Measures to Combat Terrorism. To ensure that the United States is
                 prepared to combat terrorism in all its forms, a number of measures have
                 been directed. These include reducing vulnerabilities to terrorism,
                 deterring and responding to terrorist acts, and having capabilities to
                 prevent and manage the consequences of terrorist use of nuclear,
                 biological, and chemical (NBC) weapons, including those of mass
                 destruction.

                 a. Reduce Vulnerabilities. In order to reduce our vulnerabilities to
                 terrorism, both at home and abroad, all department/agency heads have
                 been directed to ensure that their personnel and facilities are fully
                 protected against terrorism. Specific efforts that will be conducted to
                 ensure our security against terrorist acts include the following:

             •   Review the vulnerability of government facilities and critical national
                 infrastructure.
             •   Expand the program of counterterrorism.
             •   Reduce vulnerabilities affecting civilian personnel/facilities abroad and
                 military personnel/facilities.
             •   Reduce vulnerabilities affecting U.S. airports, aircraft/passengers and
                 shipping, and provide appropriate security measures for other modes of
                 transportation.



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    U.S. Policy on Combating Terrorism




•   Exclude/deport persons who pose a terrorist threat.
•   Prevent unlawful traffic in firearms and explosives, and protect the
    President and other officials against terrorist attack.
•   Reduce U.S. vulnerabilities to international terrorism through intelligence
    collection/analysis, counterintelligence, and covert action.

    b. Deter. To deter terrorism, it is necessary to provide a clear public
    position that our policies will not be affected by terrorist acts and we will
    vigorously deal with terrorist/sponsors to reduce terrorist capabilities and
    support. In this regard, we must make it clear that we will not allow
    terrorism to succeed and that the pursuit, arrest, and prosecution of
    terrorists is of the highest priority. Our goals include the disruption of
    terrorist-sponsored activity including termination of financial support,
    arrest and punishment of terrorists as criminals, application of U.S. laws
    and new legislation to prevent terrorist groups from operating in the
    United States, and application of extraterritorial statutes to counter acts of
    terrorism and apprehend terrorists outside of the United States. Return of
    terrorists overseas, who are wanted for violation of U.S. law, is of the
    highest priority and a central issue in bilateral relations with any state that
    harbors or assists them.

    c. Respond. To respond to terrorism, we must have a rapid and decisive
    capability to protect Americans, defeat or arrest terrorists, respond against
    terrorist sponsors, and provide relief to the victims of terrorists. The goal
    during the immediate response phase of an incident is to terminate
    terrorist attacks so that the terrorists do not accomplish their objectives or
    maintain their freedom, while seeking to minimize damage and loss of life
    and provide emergency assistance. After an incident has occurred, a
    rapidly deployable interagency Emergency Support Team (EST) will
    provide required capabilities on scene: a Foreign Emergency Support
    Team (FEST) for foreign incidents and a Domestic Emergency Support
    Team (DEST) for domestic incidents. DEST membership will be limited to
    those agencies required to respond to the specific incident. Both teams
    will include elements for specific types of incidents such as nuclear,
    biological or chemical threats.

    The Director, Federal Emergency Management Agency (FEMA), will ensure
    that the Federal Response Plan is adequate for consequence management
    activities in response to terrorist attacks against large U.S. populations,
    including those where weapons of mass destruction are involved. FEMA
    will also ensure that State response plans and capabilities are adequate
    and tested. FEMA, supported by all Federal Response Plan signatories, will



    Page 71                                     GAO/NSIAD-97-254 Combating Terrorism
Appendix I
U.S. Policy on Combating Terrorism




assume the Lead Agency role for consequence management in
Washington, D.C., and on scene. If large scale casualties and infrastructure
damage occur, the President may appoint a Personal Representative for
consequence management as the on scene Federal authority during
recovery. A roster of senior and former government officials willing to
perform these functions will be created and the rostered individuals will
be provided training and information necessary to allow them to be called
upon on short notice.

Agencies will bear the costs of their participation in terrorist incidents and
counterterrorist operations, unless otherwise directed.

d. NBC Consequence Management. The development of effective
capabilities for preventing and managing the consequences of terrorist use
of nuclear, biological or chemical (BC) materials or weapons is of the
highest priority. Terrorist acquisition of weapons of mass destruction is
not acceptable and there is no higher priority than preventing the
acquisition of such materials/weapons or removing this capability from
terrorist groups. FEMA will review the Federal Response plan on an urgent
basis, in coordination with supporting agencies, to determine its adequacy
in responding to an NBC-related terrorist incident; identify and remedy any
shortfalls in stockpiles, capabilities or training; and report on the status of
these efforts in 180 days.




Page 72                                     GAO/NSIAD-97-254 Combating Terrorism
Appendix II

Selected Laws Related to Terrorism



Trade and Foreign
Assistance Legislation

Foreign Assistance Act of    Prohibited the provision of U. S. assistance to foreign countries whose
1961, as Amended             governments support terrorism (22 U.S.C. 2371, as amended).

Arms Export Control Act,     Prohibited various transactions with foreign countries that support acts of
as Amended (Formerly the     terrorism, such as exports of any munition items or the provision of
Foreign Military Sales Act   credits, guarantees, or other financial assistance to those countries
                             (22 U.S.C. 2780, as amended).
of 1968)
International Financial      Directed that the U.S. government, while participating in enumerated
Institutions Act (1977)      international financial institutions, shall seek to channel assistance to
                             countries other than those whose governments provide refuge to
                             individuals that commit acts of international terrorism by hijacking
                             aircraft (Title VII, P.L. 95-118).


1978 Amendments to the       Required the U.S. Executive Director to the International Monetary Fund
Bretton Woods                to oppose the extension of any financial or technical assistance to any
Agreements Act               country that supports terrorist activities (P.L. 95-435).

Export Administration Act    Listed compatibility with U.S. efforts to counter international terrorism as
of 1979                      a factor in determining whether certain controls should be imposed for a
                             particular export license on foreign policy grounds (P.L. 96-72, sec.6).


International Security and   Authorized the President to ban the import into the United States of any
Development Cooperation      good or service from any country that supports terrorism or terrorist
Act of 1985                  organizations (Part A of Title V, P.L. 99-83).

Iraq Sanctions Act of 1990   Classified Iraq as a terrorism-supporting foreign country and imposed U.S.
                             export controls and foreign assistance sanctions (P.L. 101-513, sec. 586).


Iran-Iraq Arms               Suspended foreign assistance military and dual-use sales to any foreign
Non-Proliferation Act of     country whose government knowingly and materially contributes to Iran’s
1992



                             Page 73                                    GAO/NSIAD-97-254 Combating Terrorism
                            Appendix II
                            Selected Laws Related to Terrorism




                            or Iraq’s efforts to acquire advanced conventional weapons (Title XVI,
                            P.L. 102-484).


1996 Amendment to           Restricted the President from granting special debt relief regarding any
Export-Import Bank Act      Export-Import Bank loan or guarantee to any country whose government
                            has repeatedly supported acts of international terrorism (P.L. 103-87,
                            sec. 570).


Middle East Peace           Allowed the President to suspend for 6-month periods, until July 1995, any
Facilitation Act of 1994    previously passed restrictions on U. S. assistance to the Palestinian
                            Liberation Organization (Part E of title V, P.L.103-236).


Spoils of War Act of 1994   Prohibited the transfer of spoils of war in the possession of the United
                            States to any country that the Secretary of State has determined to be a
                            nation whose government has repeatedly supported acts of international
                            terrorism (Part B of title V, P.L. 103-236).


Foreign Operations,         Prohibited the direct funding of any assistance or reparations to certain
Export Financing, and       terrorist countries such as Cuba, Iraq, Libya, Iran (Title V, P.L. 103-306).
Related Programs
Appropriations Act for
Fiscal Year 1995
1996 Amendments to the      Removed certain restrictions on the manner in which antiterrorism
Foreign Assistance Act of   training assistance could be provided (Chapter 3 of title I, P.L. 104-164).
1961 and the Arms Export
Control Act
1996 Amendments to the      Required the President to withhold General System of Preferences
Trade Act of 1974           designation as a beneficiary developing country entitled to duty free
                            treatment, if the country is on the Export Administration Act’s terrorist
                            list, or if the country has assisted any individual or group that has
                            committed an act of international terrorism (P.L. 104-295, sec. 35).




                            Page 74                                     GAO/NSIAD-97-254 Combating Terrorism
                             Appendix II
                             Selected Laws Related to Terrorism




Iran and Libya Sanctions     Required the President to impose sanctions against companies that make
Act of 1996                  investments of more than $40 million in developing Iran’s or Libya’s oil
                             resources (P.L. 104-172, sec. 5).



State Department and
Related Foreign
Relations Legislation

Act for the Protection of    Established as a federal crime the murder or manslaughter of foreign
Foreign Officials and        officials and official foreign guests (Title I, P.L. 92-539).
Official Guests of the
United States (1972)
Act for the Prevention and   Provided federal jurisdiction over assaults upon, threats against, murders
Punishment of Crimes         of, or kidnapping of U.S. diplomats overseas (P.L. 94-467).
Against Internationally
Protected Persons (1976)
Act for the Prevention and   Imposed punishment for taking a hostage, no matter where, if either the
Punishment of the Crime      terrorist or the hostage is a U.S. citizen, or if the purpose is to influence
of Hostage-Taking (1984)     the U.S. government (Part A of ch. XX, P.L. 98-473).

1984 Act to Combat           Offered cash awards to anyone who furnishes information leading to the
International Terrorism      arrest or conviction of a terrorist in any country, if the terrorist’s target
                             was a U.S. person or U.S. property (Title I, P.L. 98-533).


Omnibus Diplomatic           Provided extraterritorial criminal jurisdiction for acts of international
Security and Antiterrorism   terrorism against U.S. nationals (Title XII, P.L. 99-399).
Act of 1986
Antiterrorism Act of 1987    Prohibited U.S. citizens from receiving anything of value except
                             information material from the Palestine Liberation Organization, which
                             has been identified as a terrorist organization (Title X, P.L. 100-204).


PLO Commitments              Reaffirmed a U.S. policy that any dialogue with the Palestinian Liberation
Compliance Act of 1989       Organization be contingent upon certain commitments, including the


                             Page 75                                     GAO/NSIAD-97-254 Combating Terrorism
                              Appendix II
                              Selected Laws Related to Terrorism




                              organization’s abstention from and renunciation of all acts of terrorism
                              (Title VIII, P.L. 101-246).


Immigration Act of 1990       Required the exclusion or deportation from the U. S. any alien who the U.
                              S. government knows or has reason to believe has engaged in terrorist
                              activities ( P.L. 101-649, sec. 601 and 602).


Federal Courts                Provided civil remedies for U. S. nationals or their survivors for personal
Administration Act of 1992    or property injury due to an international terrorism act; granted U. S.
                              district courts jurisdiction to hear cases (Title X, P.L. 102-572).


Antiterrorism and             Established procedures for removing alien terrorists from the United
Effective Death Penalty       States; prohibited fundraising by terrorists; prohibited financial
Act of 1996                   transactions with terrorists (Title IV, P.L.104-132).


Aviation Security

Federal Aviation Act of       Authorized the Federal Aviation Administration (FAA) Administrator to
1958                          prescribe such rules and regulations as necessary to provide adequately
                              for national security and safety in air transportation; prohibited the air
                              transportation of explosives and other dangerous articles in violation of a
                              FAA rule or regulation (P.L. 85-726, sec. 601 and 902).



Anti-Hijacking Act of 1974    Established a general prohibition against aircraft piracy outside U.S.
                              special aircraft jurisdiction; allowed the President to suspend air
                              transportation between the United States and any foreign state that
                              supports terrorism (Title I, P.L. 93-366).


Air Transportation Security   Authorized screening of passengers and their baggage for weapons
Act of 1974                   (Title II, P.L. 93-366).

Aircraft Sabotage Act of      Prohibited anyone from setting fire to, damaging, or destroying any U.S.
1984                          aircraft (Part B of ch. XX, P.L. 98-473).




                              Page 76                                    GAO/NSIAD-97-254 Combating Terrorism
                             Appendix II
                             Selected Laws Related to Terrorism




Foreign Airport Security     Required FAA to assess foreign airport security procedures and the security
Act of 1985                  procedures used by foreign air carriers serving the United States. (Part B
                             of title V, P.L. 99-83).


Aviation Security            Implemented many recommendations of the President’s Commission on
Improvements Act of 1990     Aviation Security and Terrorism to improve aviation security and consular
                             affairs assistance (Titles I and II of P.L. 101-604).


Federal Aviation             Mandated the performance of an employment investigation, including a
Reauthorization Act of       criminal history record check, of airport security personnel (Title III,
1996                         P.L. 104-264).


Other Legislation

International Security and   Required the President to submit a report to Congress describing all
Development Cooperation      legislation and all administrative remedies that can be employed to
Act of 1981                  prevent the participation of U.S. citizens in activities supporting
                             international terrorism (P.L. 97-113, sec. 719).


Convention on the Physical   Prohibited a person from engaging in the unauthorized or improper use of
Protection of Nuclear        nuclear materials (P.L. 97-351, sec. 2).
Material Implementation
Act of 1982
National Defense             Required Department of Defense (DOD) officials to ensure that all credible,
Authorization Act for        time-sensitive intelligence received concerning potential terrorist threats
Fiscal Year 1987             be promptly reported to DOD headquarters (P.L. 99-661, sec. 1353).

Undetectable Firearms Act    Prohibited the import, manufacture, sale, and shipment for civilian use of
of 1988                      handguns that are made of largely nonmetallic substances (P.L. 100-649,
                             sec. 3).


Biological Weapons           Prohibited a person from knowingly producing or possessing any
Antiterrorism Act of 1989    biological agent or toxin for use as a weapon or knowingly assisting a
                             foreign state or organization to do so (P.L. 101-298, sec. 3).




                             Page 77                                   GAO/NSIAD-97-254 Combating Terrorism
                             Appendix II
                             Selected Laws Related to Terrorism




National Defense             Required certain defense contractors to report to DOD each commercial
Authorization Act for        transaction with a terrorist country; expressed the sense of Congress that
                             FEMA should strengthen interagency emergency planning for potential
Fiscal Year 1994
                             terrorists’ use of chemical or biological agents or weapons (P.L. 103-160,
                             sec. 843 and 1704).


Violent Crime Control and    Made it a federal crime to intentionally destroy or damage a ship or its
Law Enforcement Act of       cargo or to perform an act of violence against a person on board a ship
1994                         (P.L. 103-322, sec. 60019).

Antiterrorism and            Expanded and strengthened criminal prohibitions and penalties pertaining
Effective Death Penalty      to terrorism; established restrictions on the transfer and use of nuclear,
Act of 1996                  biological and chemical weapons, as well as plastic explosives (Titles II,
                             III, V, and VII, P.L. 104-132).


National Defense             Established the Domestic Preparedness Program to strengthen U.S.
Authorization Act for        capabilities to prevent and respond to terrorist activities involving WMD;
Fiscal Year 1997             authorized DOD to take the lead role and provide necessary training and
                             other assistance to federal, state, and local officials (Title XIV of P.L.
                             104-201, commonly known as Nunn-Lugar-Domenici).


Omnibus Consolidated         Provided substantial funding for multiple federal agencies to combat
Appropriations Act (1997)    terrorism, in response to the President’s request (see individual agency
                             appropriations acts within P.L. 104-208).


Emergency Supplemental       In response to the tragedy of the Oklahoma City federal building bombing,
Appropriations for           provided substantial emergency funding for various federal agencies to
Additional Disaster          combat terrorism (Title III, P.L. 104-19).
Assistance, for
Antiterrorism Initiatives,
for Assistance in the
Recovery From the
Tragedy That Occurred at
Oklahoma City, and
Rescissions Act (1995)



                             Page 78                                    GAO/NSIAD-97-254 Combating Terrorism
Appendix III

Support Agencies’ Capabilities Related to
Weapons of Mass Destruction


Capability                 DOD                       HHS                       EPA                         DOE
Locate and examine         •Army Technical Escort    No capability             No capability               •Joint Technical
unknown WMD device         Unit                                                                            Operations Team
                           •52nd Explosives                                                                •Nuclear-Radiological
                           Ordnance Disposal Unit                                                          Advisory Team
                           •Other selected DOD                                                             •Nuclear Emergency
                           units                                                                           Search Team
                                                                                                           •Lincoln Gold
                                                                                                           Augmentation Team
Render safe an armed       •Army Technical Escort    No capability             No capability               •Joint Technical
WMD device                 Unit                                                                            Operations Team
                           •52nd Explosives                                                                •Nuclear-Radiological
                           Ordnance Disposal Unit                                                          Advisory Team
                           •Other selected DOD                                                             •Nuclear Emergency
                           units                                                                           Search Team
                                                                                                           •Lincoln Gold
                                                                                                           Augmentation Team
Identify or evaluate WMD   •Army Technical Escort    •Center for Disease       •Radiological               •Joint Technical
agents                     Unit                      Control and Prevention    Emergency Response          Operations Team
                           •Marine Corps Chemical    •National Institutes of   Team                        •Nuclear-Radiological
                           Biological Incident       Health                    •Environmental              Advisory Team
                           Response Force            •Agency for Toxic         Response Team               •Nuclear Emergency
                           •U.S. Army Medical        Substance Registry        •Environmental Radiation    Search Team
                           Research Institute for    •Food and Drug            Ambient Monitoring          •Lincoln Gold
                           Infectious Diseases       Administration            System                      Augmentation Team
                           •U.S. Naval Medical                                 •National Enforcement
                           Research Institute                                  Investigations Center
                                                                               •EPA research
                                                                               laboratories
                                                                               •Contract laboratories
Project dispersion of WMD •Defense Special           •Center for Disease       •Radiological               •Federal Radiological
agents                    Weapons Agency             Control and Prevention    Emergency Response          Monitoring and
                                                     •Agency for Toxic         Team                        Assessment Center
                                                     Substance Registry        •Environmental              (before handoff to EPA)
                                                                               Response Team               •Aerial Measuring System
                                                                               •Environmental Radiation    •Atmospheric Release
                                                                               Ambient Monitoring          Advisory Capability
                                                                               System
Track dispersion of WMD    •Defense Special          No capability             •Radiological               •Federal Radiological
agents                     Weapons Agency                                      Emergency Response          Monitoring and
                                                                               Team                        Assessment Center
                                                                               •Environmental Radiation    (before handoff to EPA)
                                                                               Ambient Monitoring          •Aerial Measuring System
                                                                               System                      •Atmospheric Release
                                                                               •Environmental              Advisory Capability
                                                                               Response Team
                                                                               •Federal Radiological
                                                                               Monitoring and
                                                                               Assessment Center (after
                                                                               handoff from DOE)
                                                                                                                        (continued)




                                           Page 79                                             GAO/NSIAD-97-254 Combating Terrorism
                                             Appendix III
                                             Support Agencies’ Capabilities Related to
                                             Weapons of Mass Destruction




Capability                 DOD                         HHS                         EPA                          DOE
Provide medical advice on •U.S. Army Medical           •Center for Disease         •Radiological                •Federal Radiological
health impact of WMD      Research Institute for       Control and Prevention      Emergency Response           Monitoring and
                          Infectious Diseases          •National Institutes of     Team                         Assessment Center
                          •Naval Medical               Health                      •Environmental Radiation     (before handoff to EPA)
                          Research Institute           •Agency for Toxic           Ambient Monitoring           •Atmospheric Release
                                                       Substance Registry          System                       Advisory Capability
                                                       •Food and Drug              •Environmental               •Radiation Emergency
                                                       Administration              Response Team                Assistance Center and
                                                                                   •Federal Radiological        Training Site
                                                                                   Monitoring and
                                                                                   Assessment Center (after
                                                                                   handoff from DOE)
Provide triage and medical •Marine Corps Chemical      •National Medical           No capability                •Radiation Emergency
treatment                  Biological Incident         Response Teams                                           Assistance Center and
                           Response Force              •Disaster Medical                                        Training Site
                           •U.S. Army Medical          Assistance Teams
                           Research Institute for      •Metropolitan Medical
                           Infectious Diseases         Strike Teams
                           •Naval Medical              •Experts from Public
                           Research Institute          Health Service agencies
Administer antidotes,      •U.S. Army Medical          •Variety of potential HHS No capability                  •Radiation Emergency
vaccines, and chelating    Research Institute for      units                                                    Assistance Center and
agents                     Infectious Diseases                                                                  Training Site
                           •Naval Medical
                           Research Institute
Decontaminate victims      •Marine Corps Chemical      •Variety of potential HHS No capability                  No capability
                           Biological Incident         units
                           Response Force
Decontaminate equipment •Marine Corps Chemical         No capability               •Environmental               •Radiological Assistance
and other materials     Biological Incident                                        Response Team                Program
                        Response Force                                             •Emergency Response
                                                                                   Contract Services
Package and transport      •Army Technical Escort      No capability               •Environmental               •Joint Technical
WMD devices and agents     Unit                                                    Response Team                Operations Team
                           •52nd Explosives                                        •Emergency Response
                           Ordnance Disposal Unit                                  Contract Services

                                             Note: Includes crisis management and consequence management.

                                             Source: Agency capabilities as stated in agency documents and discussions with agency
                                             officials.




                                             Page 80                                               GAO/NSIAD-97-254 Combating Terrorism
Appendix IV

Comments From the Department of State




              Page 81        GAO/NSIAD-97-254 Combating Terrorism
Appendix V

Comments From the Department of Justice


Note: GAO comments
supplementing those in the
report text appear at the
end of this appendix.




Now on p. 25.

See comment 1.
Now on pp. 21-23.




Now on p. 2.




                             Page 82   GAO/NSIAD-97-254 Combating Terrorism
                    Appendix V
                    Comments From the Department of Justice




See comment 2.

Now on p. 12.


See comment 2.




Now on p. 19.




See comment 2.



Now on pp. 46-47.




See comment 2.




                    Page 83                                   GAO/NSIAD-97-254 Combating Terrorism
                    Appendix V
                    Comments From the Department of Justice




Now on pp. 54-55.




See comment 2.




See comment 2.




                    Page 84                                   GAO/NSIAD-97-254 Combating Terrorism
Appendix V
Comments From the Department of Justice




Page 85                                   GAO/NSIAD-97-254 Combating Terrorism
               Appendix V
               Comments From the Department of Justice




               The following are GAO’s comments on the Department of Justice’s letter
               dated July 3, 1997.


               1. Our report does discuss the dichotomy between international and
GAO Comments   domestic terrorism, and the associated roles of NSC. Although we do not
               make this point every time the issue is addressed in our report, we have
               added emphasis where we refer to this dichotomy.

               2. We modified the text to reflect Justice’s comment.




               Page 86                                   GAO/NSIAD-97-254 Combating Terrorism
Appendix VI

Comments From the Federal Bureau of
Investigation

Note: GAO comments
supplementing those in the
report text appear at the
end of this appendix.




See comment 1.
Now on p. 21.




See comment 2.




                             Page 87   GAO/NSIAD-97-254 Combating Terrorism
                 Appendix VI
                 Comments From the Federal Bureau of
                 Investigation




See comment 3.




                 Page 88                               GAO/NSIAD-97-254 Combating Terrorism
Appendix VI
Comments From the Federal Bureau of
Investigation




Page 89                               GAO/NSIAD-97-254 Combating Terrorism
Appendix VI
Comments From the Federal Bureau of
Investigation




Page 90                               GAO/NSIAD-97-254 Combating Terrorism
               Appendix VI
               Comments From the Federal Bureau of
               Investigation




               The following are GAO’s comments on the Federal Bureau of Investigation’s
               (FBI) letter dated August 4, 1997.


               1. We did not include FBI’s suggested revisions to figure 1.3 because they
GAO Comments   exceeded the level of detail we were trying to portray in a figure providing
               an overview of the U.S. government structure for combating terrorism.

               2. We did not include FBI’s suggested revisions to table 3.1 for a variety of
               reasons. Our report, in table 3.1 and several other locations, already states
               that the FBI is the lead agency in investigating terrorist incidents. We
               modified the title of the table to read investigations “related to terrorism,”
               since it is not clear that the FBI would be the lead agency in all possible
               terrorism-related investigations. While the documents cited by the FBI do
               indicate that FBI is the lead investigative agency in a general sense, other
               agencies also have special statutory and mandated roles, giving them
               substantial investigative jurisdiction and authority in particular areas. It is
               clear that FBI and the other law enforcement agencies need to work
               together in conducting any terrorism-related investigation.

               3. We removed all classified material identified by FBI and other executive
               agencies to ensure that this report does not compromise national security
               information. Subsequently, NSC conducted a specific and detailed security
               review and ruled that the report is unclassified.




               Page 91                                     GAO/NSIAD-97-254 Combating Terrorism
Appendix VII

Comments From the Department of the
Treasury

Note: GAO comments
supplementing those in the
report text appear at the
end of this appendix.




See comment 1.




                             Page 92   GAO/NSIAD-97-254 Combating Terrorism
Appendix VII
Comments From the Department of the
Treasury




Page 93                               GAO/NSIAD-97-254 Combating Terrorism
Appendix VII
Comments From the Department of the
Treasury




Page 94                               GAO/NSIAD-97-254 Combating Terrorism
Appendix VII
Comments From the Department of the
Treasury




Page 95                               GAO/NSIAD-97-254 Combating Terrorism
Appendix VII
Comments From the Department of the
Treasury




Page 96                               GAO/NSIAD-97-254 Combating Terrorism
               Appendix VII
               Comments From the Department of the
               Treasury




               The following are GAO’s comments on the Department of Treasury’s letter
               dated September 9, 1997.


               1. Based upon this letter, additional technical corrections supplied by
GAO Comments   Treasury, and various meetings with Treasury officials, we have revised
               the report to reflect the Treasury Department’s role in combating
               terrorism.




               Page 97                                  GAO/NSIAD-97-254 Combating Terrorism
Appendix VIII

Comments From the Federal Emergency
Management Agency

Note: GAO comments
supplementing those in the
report text appear at the
end of this appendix.




See comment 1.



Now on p. 56.


See comment 2.




                             Page 98   GAO/NSIAD-97-254 Combating Terrorism
               Appendix VIII
               Comments From the Federal Emergency
               Management Agency




               The following are GAO’s comments on the Federal Emergency Management
               Agency’s (FEMA) letter dated July 22, 1997.


               1. Within PDD 39’s functional framework of prevention and deterrence,
GAO Comments   crisis management and consequence management, we believe our report
               makes a clear distinction between domestic and international terrorist
               incidents.

               2. Based upon the written technical corrections supplied by FEMA, we have
               revised the report as appropriate.




               Page 99                                 GAO/NSIAD-97-254 Combating Terrorism
Appendix IX

Comments From the Department of Health
and Human Serices




              Page 100      GAO/NSIAD-97-254 Combating Terrorism
Appendix X

Comments From the Department of Energy


Note: GAO comments
supplementing those in the
report text appear at the
end of this appendix.




Now on p. 37.
See comment 1.



Now on p. 79.
See comment 1.




                             Page 101   GAO/NSIAD-97-254 Combating Terrorism
               Appendix X
               Comments From the Department of Energy




               The following are GAO’s comments on the Department of Energy’s (DOE)
               letter dated July 2, 1997.


               1. We modified the text to reflect DOE’s comment.
GAO Comments




               Page 102                                 GAO/NSIAD-97-254 Combating Terrorism
Appendix XI

Comments From the Central Intelligence
Agency

Note: GAO comments
supplementing those in the
report text appear at the
end of this appendix.




See comment 1.

See comment 2.




                             Page 103   GAO/NSIAD-97-254 Combating Terrorism
               Appendix XI
               Comments From the Central Intelligence
               Agency




               The following are GAO’s comments on the Central Intelligence Agency’s
               (CIA) letter dated July 17, 1997.


               1. We deleted all classified material identified by CIA and other executive
GAO Comments   agencies to ensure that this report does not compromise national security
               information. Subsequently, NSC conducted a specific and detailed security
               review and ruled that the report is unclassified.

               2. Based upon the written technical corrections supplied by CIA, we revised
               the report as appropriate.




               Page 104                                  GAO/NSIAD-97-254 Combating Terrorism
Appendix XII

Comments From the U.S. Agency for
International Development

Note: GAO comments
supplementing those in the
report text appear at the
end of this appendix.




Now on pp. 65-66.




See comment 1.




                             Page 105   GAO/NSIAD-97-254 Combating Terrorism
               Appendix XII
               Comments From the U.S. Agency for
               International Development




               The following are GAO’s comments on the Agency for International
               Development’s (USAID) letter dated June 26, 1997.


               1. We modified the text to reflect USAID’s comment.
GAO Comments




               Page 106                                 GAO/NSIAD-97-254 Combating Terrorism
Appendix XIII

Major Contributors to This Report


                        Stephen L. Caldwell
National Security and   Davi M. D’Agostino
International Affairs   Richard A. McGeary
Division, Washington,   H. Lee Purdy
                        Marc J. Schwartz
D.C.                    Gary K. Weeter


                        Raymond J. Wyrsch
Office of General
Counsel, Washington,
D.C.




                        Page 107              GAO/NSIAD-97-254 Combating Terrorism
Appendix XIII
Major Contributors to This Report




Page 108                            GAO/NSIAD-97-254 Combating Terrorism
Appendix XIII
Major Contributors to This Report




Page 109                            GAO/NSIAD-97-254 Combating Terrorism
Appendix XIII
Major Contributors to This Report




Page 110                            GAO/NSIAD-97-254 Combating Terrorism
Related GAO Products


              Combating Terrorism: Status of DOD Efforts to Protect Its Forces Overseas
              (GAO/NSIAD-97-207, July 21, 1997).

              Chemical Weapons Stockpile: Changes Needed in the Management
              Structure of Emergency Preparedness Program (GAO/NSIAD-97-91, June 11,
              1997).

              State Department: Efforts to Reduce Visa Fraud (GAO/T-NSIAD-97-167, May 20,
              1997).

              Aviation Security: FAA’s Procurement of Explosives Detection Devices
              (GAO/RCED-97-111R, May 1, 1997).

              Aviation Security: Commercially Available Advanced Explosives Detection
              Devices (GAO/RCED-97-119R, Apr. 24, 1997).

              Terrorism and Drug Trafficking: Responsibilities for Developing
              Explosives and Narcotics Detection Technologies (GAO/NSIAD-97-95, Apr. 15,
              1997).

              Federal Law Enforcement: Investigative Authority and Personnel at 13
              Agencies (GAO/GGD-96-154, Sept. 30, 1996).

              Aviation Security: Urgent Issues Need to Be Addressed
              (GAO/T-RCED/NSIAD-96-151, Sept. 11, 1996).

              Terrorism and Drug Trafficking: Technologies for Detecting Explosives
              and Narcotics (GAO/NSIAD/RCED-96-252, Sept. 4, 1996).

              Aviation Security: Immediate Action Needed to Improve Security
              (GAO/T-RCED/NSIAD-96-237, Aug. 1, 1996).

              Passports and Visas: Status of Efforts to Reduce Fraud (GAO/NSIAD-96-99,
              May 9, 1996)

              Terrorism and Drug Trafficking: Threats and Roles of Explosives and
              Narcotics Detection Technology (GAO/NSIAD/RCED-96-76BR, Mar. 27, 1996).

              Nuclear Nonproliferation: Status of U.S. Efforts to Improve Nuclear
              Material Controls in Newly Independent States (GAO/NSIAD/RCED-96-89,
              Mar. 8, 1996)




              Page 111                                  GAO/NSIAD-97-254 Combating Terrorism
           Related GAO Products




           Aviation Security: Additional Actions Needed to Meet Domestic and
           International Challenges (GAO/RCED-94-38, Jan. 27, 1994).

           Nuclear Security: Improving Correction of Security Deficiencies at DOE’s
           Weapons Facilities (GAO/RCED-93-10, Nov. 16, 1992).

           Nuclear Security: Weak Internal Controls Hamper Oversight of DOE’s
           Security Program (GAO/RCED-92-146, June 29, 1992).

           Electricity Supply: Efforts Underway to Improve Federal Electrical
           Disruption Preparedness (GAO/RCED-92-125, Apr. 20, 1992).

           Economic Sanctions: Effectiveness as Tools of Foreign Policy
           (GAO/NSIAD-92-106, Feb. 19, 1992)

           State Department: Management Weaknesses in the Security Construction
           Program (GAO/NSIAD-92-2, Nov. 29, 1991).

           Chemical Weapons: Physical Security for the U.S. Chemical Stockpile
           (GAO/NSIAD-91-200, May 15, 1991).

           State Department: Status of the Diplomatic Security Construction Program
           (GAO/NSIAD-91-143BR, Feb. 20, 1991).

           International Terrorism: FBI Investigates Domestic Activities to Identify
           Terrorists (GAO/GGD-90-112, Sept. 9, l990).

           International Terrorism: Status of GAO’s Review of the FBI’s International
           Terrorism Program (GAO/T-GGD-89-31, June 22, 1989).

           Embassy Security: Background Investigations of Foreign Employees
           (GAO/NSIAD-89-76, Jan. 5, 1989).

           Aviation Security: FAA’s Assessments of Foreign Airports (GAO/RCED-89-45,
           Dec.7, 1988).

           Domestic Terrorism: Prevention Efforts in Selected Federal Courts and
           Mass Transit Systems (GAO/PEMD-88-22, June 23, 1988).




(701103)   Page 112                                  GAO/NSIAD-97-254 Combating Terrorism
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