The Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons
of Mass Destruction was established by Section 1405 of the National Defense Authorization Act
for Fiscal Year 1999, Public Law 105261 (H.R. 3616, 105th Congress, 2nd Session) (October
17, 1998). That Act directed that a federally funded research and development center provide
research, analytical, and other support to the Advisory Panel during the course of its activities
and deliberations. RAND has been providing that support, under contract from the Department
of Defense, since the Advisory Panel's inception. A full description of the Advisory Panel's
deliberative process, research methods, and work plan appears as Appendix C.
This Second Annual Report is a document of the Advisory Panel, not a RAND publication. It was
prepared and edited by RAND professional staff and is being submitted for review and comment
within the U.S. Government Interagency process. It is not copyrighted but does contain material
from copyrighted sources. Copies of the report may also be obtained via the Internet at:
http://www.rand.org/organization/nsrd/terrpanel
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Second Annual Report to
The President and The Congress
Of the
ADVISORY PANEL TO ASSESS DOMESTIC
RESPONSE CAPABILITIES FOR
TERRORISM INVOLVING WEAPONS OF MASS
DESTRUCTION
II. TOWARD A
NATIONAL STRATEGY
FOR COMBATING TERRORISM
15 December 2000
THE ADVISORY PANEL TO ASSESS DOMESTIC RESPONSE CAPABILITIES FOR
TERRORISM INVOLVING WEAPONS OF MASS DESTRUCTION
James S. Gilmore, III December 15, 2000
Chairman
James Clapper, Jr. To Our Readers:
Vice Chairman
I am pleased to provide the Second Annual Report of the
L. Paul Bremer Advisory Panel to Assess Domestic Response Capabilities for
Raymond Downey Terrorism Involving Weapons of Mass Destruction, as our
Richard Falkenrath Congressional mandate requires.
George Foresman Contemplating the specter of terrorism in this country is a
William Garrison sobering-but critically necessary-responsibility of government
Ellen M. Gordon officials at all levels. It is a truly "national" issue that requires
James Greenleaf synchronization of our efforts-"vertically" among the federal,
William Jenaway state, and local levels, and "horizontally" among the functional
William Dallas Jones constituent stakeholders. The individual capabilities of all
critical elements must be brought to bear in a much more
Paul M. Maniscalco coherent way than is now the case. That fundamental tenet
John O. Marsh, Jr. underlies our work over the last two years.
Kathleen O'Brien
M. Patricia Quinlisk We are impelled by the stark realization that a terrorist attack on
some level inside our borders is inevitable and the United States
Patrick Ralston must be ready. We are similarly convinced, however, that much
William Reno of the legitimate fear associated with the prospect of a terrorist
Joseph Samuels, Jr. attack can be substantially reduced.
Kenneth Shine
Hubert Williams Improving our ability to address the threat and reducing the fear
Ellen Embrey* of citizens and government leaders is possible if-and only if-
we are willing to take bold action as a nation. Specifically, we
must:
* U.S. Department of
Defense Representative * craft a truly "national" strategy to address the threat of
domestic terrorism-conventional, cyber, chemical,
biological, radiological and nuclear-from the
perspectives of deterrence, prevention, preparedness and
response;
* empower a senior authority to be in charge of our overall
planning and preparation in the Federal Executive
Branch, with special emphasis on preserving our civil
liberties in a time of emergency;
James S. Gilmore, III * consolidate the Congressional approach to legislation
Chairman governing domestic preparedness for such attacks;
James Clapper, Jr.
Vice Chairman * concentrate much more serious attention on state and
local concerns and capabilities; and
L. Paul Bremer
Raymond Downey * strengthen functional capabilities across all levels of
Richard Falkenrath government for intelligence collection and information
George Foresman sharing; planning; training, equipping and exercising;
research and development; health and medical; and across
William Garrison all first responder stakeholders-fire, law enforcement,
Ellen M. Gordon emergency medical services and emergency management.
James Greenleaf
William Jenaway These five imperatives represent the major themes in this report.
We stress in the strongest terms that their implementation must
William Dallas Jones always hold in strict regard the preservation of our Constitution
Paul M. Maniscalco and the complete protection of our civil liberties. We steadfastly
John O. Marsh, Jr. adhere to the bedrock principle that these considerations must
Kathleen O'Brien always transcend what might be more efficient or expedient.
M. Patricia Quinlisk It is clear to us that our nation collectively will have to make
Patrick Ralston some significant resource commitments and overcome daunting
William Reno technological challenges if we are successfully to confront this
Joseph Samuels, Jr. threat in all dimensions. I submit, however, that our most
Kenneth Shine imposing challenge centers on policy and whether we have the
Hubert Williams collective fortitude to forge change, both in organization as well
as process. We are convinced the changes we recommend are
Ellen Embrey* essential to ensure the safety and security of our nation.
* U.S. Department of
Defense Representative Respectfully,
James S. Gilmore, III
Governor of Virginia
Chairman
Please address comments or questions to:
RAND
1200 South Hayes Street, Arlington, Virginia 22202-5050 Telephone 703-413-1100 FAX 703-413-8111
The Federally-Funded Research and Development Center providing support to the Advisory Panel
Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
CONTENTS
Letter from the Chairman
Contents................................................................................................................................i
Executive Summary.............................................................................................................ii
Chapter One-Forging a National Strategy.........................................................................1
Identifying the Ends of Strategy: National Goals ........................................................5
Developing the Means of Strategy: Program Structure and Priorities.........................6
Chapter Two-Getting the Federal House in Order............................................................7
Improving Federal Executive Branch Coordination....................................................7
Improving Coordination in the Congress...................................................................16
Chapter Three-Improving Functional Capabilities.........................................................19
Collecting Intelligence, Assessing Threats, and Sharing Information.......................19
Planning, Coordinating, and Operating Cooperatively..............................................23
Training, Equipping, and Exercising .........................................................................29
Improving Health and Medical Capabilities ..............................................................32
Promoting Better Research and Development and
Developing National Standards .....................................................................36
Enhancing Efforts to Counter Agricultural Terrorism...............................................39
Providing Cyber Security Against Terrorism............................................................40
Conclusion.........................................................................................................................45
Table of Appendices ..........................................................................................................46
List of Key Recommendations.................................................................Inside Back Cover
i
Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
Executive Summary
We have been fortunate as a nation. The terrorist incidents in this country-
however tragic-have occurred so rarely that the foundations of our society or
our form of government have not been threatened. Nevertheless, the potential
for terrorist attacks inside the borders of the United States is a serious emerging
threat. There is no guarantee that our comparatively secure domestic sanctuary
will always remain so. Because the stakes are so high, our nation's leaders must
take seriously the possibility of an escalation of terrorist violence against the
homeland.
The continuing challenge for the United States is first to deter and, failing that, to
detect and interdict terrorists before they strike. Should an attack occur, local,
State, and Federal authorities must be prepared to respond and mitigate the
consequences of the attack.
To prepare to manage the consequences of such attacks effectively, the United
States needs changes in the relationships among all levels of government. Our
ability to respond cannot depend on a single level or agency of government.
Rather we need a national approach, one that recognizes the unique individual
skills that communities, States, and the Federal government possess and that,
collectively, will give us the "total package" needed to address all aspects of
terrorism.
The Advisory Panel produced a comprehensive assessment, in its first report, of
the terrorist threat. The Panel stands by its conclusions from one year ago.
In its second year, the Advisory Panel shifted its emphasis from threat
assessment to broad program assessment. The Advisory Panel addressed
specific programs for combating terrorism and larger questions of national
strategy and Federal organization. While the Advisory Panel found much to
commend, it also found problems at all levels of government and in virtually
every functional discipline relevant to combating terrorism. The Panel believes
these problems are particularly acute at high levels of the Federal Executive
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
Branch. Hence, the present report highlights the related issues of national
strategy and Federal organization, and recommends solutions for these and
other problems.
Finding 1: The United States has no coherent, functional national
strategy for combating terrorism.
The United States needs a functional, coherent national strategy for domestic
preparedness against terrorism. The nation has a loosely coupled set of plans
and specific programs that aim, individually, to achieve certain specific
preparedness objectives. The Executive Branch portrays as its strategy a
compilation of broad policy statements, and various plans and programs already
under way. Many programs have resulted from specific Congressional earmarks
in various appropriations bills and did not originate in Executive Branch budget
requests; they are the initiatives of activist legislators. Although Federal
agencies are administering programs assigned to them, the Executive Branch
has not articulated a broad functional national strategy that would synchronize
the existing programs and identify future program priorities needed to achieve
national objectives for domestic preparedness for terrorism. Given the structure
of our national government, only the Executive Branch can produce such a
national strategy.
Recommendation 1: The next President should develop and present to
the Congress a national strategy for combating terrorism within one
year of assuming office.
A national strategy is a high-level statement of national objectives coupled
logically to a statement of the means that will be used to achieve these
objectives. In a coherent strategy, program details are analytically derived from
the statement of goals. The next Administration should begin a process of
developing a national strategy by a thoughtful articulation of national goals,
encompassing deterrence, prevention, preparedness, and response.
Ends. The first step in developing a coherent national strategy is for the
Executive Branch to define a meaningful, measurable expression of what it is
trying to achieve in combating terrorism. To date, the Federal government's
goals have been expressed primarily in terms of program execution. Rather, the
national strategy must express goals in terms of the "end state" toward which the
program strives. Since there exists no ready-made measure of a country's
preparedness for terrorism (especially domestically), the Executive Branch must
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
develop objective measurements for its program to combat terrorism, to track its
progress, to determine priorities and appropriate funding levels, and to know
when the desired "end state" has been achieved.
Means. With meaningful objectives, logical priorities and appropriate policy
prescriptions can be developed. That is the essence of any coherent strategy.
Setting priorities is essential and can only be done after specific objectives have
been clearly defined. For instance, should the nation seek a higher level of
preparedness for its large urban centers than for its rural areas and, if so, how
much higher? In the broad area of terrorism preparedness, what should be the
relative importance of preparing for conventional terrorism, radiological incidents,
chemical weapons, or biological weapons? With respect to biological weapons,
which pathogens deserve priority? What priority and commensurate resources
need to be devoted to defending against cyber attacks? A proper national
strategy will provide a clear answer to these and many other questions. With
these answers in hand it will be possible to design and manage an appropriate
set of programs. The country is at a disadvantage, of course, in that a large
number of programs have already been established and may have to be
reconfigured-an inevitable consequence of their ad hoc origins.
Essential Characteristics of a Comprehensive
Functional Strategy for Combating Terrorism
NATIONAL IN SCOPE, NOT JUST FEDERAL
APPROPRIATELY RESOURCED AND BASED ON
MEASURABLE PERFORMANCE OBJECTIVES
FOCUSED ON THE FULL RANGE OF DETERRENCE, PREVENTION,
PREPAREDNESS, AND RESPONSE ACROSS THE
SPECTRUM OF THREATS-DOMESTIC AND INTERNATIONAL
FOR DOMESTIC PROGRAMS, BUILT ON REQUIREMENTS FROM AND FULLY
COORDINATED WITH RELEVANT LOCAL, STATE, AND FEDERAL AUTHORITIES
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
Finding 2: The organization of the Federal government's programs for
combating terrorism is fragmented, uncoordinated, and politically
unaccountable.
The lack of a national strategy results in part from the fragmentation of Executive
Branch programs for combating terrorism. These programs cross an
extraordinary number of jurisdictions and substantive domains: national security,
law enforcement, intelligence, emergency management, fire protection, public
health, medical care, as well as parts of the private sector.
No one, at any level, is "in charge" of all relevant capabilities, most of which are
not dedicated exclusively to combating terrorism. The lack of a national strategy
is inextricably linked to the fact that no entity has the authority to direct all of the
entities that may be engaged. At the Federal level, no entity has the authority
even to direct the coordination of relevant Federal efforts.
Recommendation 2: The next President should establish a National
Office for Combating Terrorism in the Executive Office of the President,
and should seek a statutory basis for this office.
The office should have a broad and comprehensive scope, with responsibility for
the full range of deterring, preventing, preparing for, and responding to
international as well as domestic terrorism. The director of this office should be
the principal spokesman of the Executive Branch on all matters related to
Federal programs for combating terrorism and should be appointed by the
President and confirmed by the Senate. The office should have a substantial
and professional staff, drawn from existing National Security Council offices and
other relevant agencies. It should have at least five major sections, each headed
by an Assistant Director:
1. Domestic Preparedness Programs
2. Intelligence
3. Health and Medical Programs
4. Research, Development, Test, and Evaluation (RDT&E), and National
Standards
5. Management and Budget
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
The National Office for Combating Terrorism should exercise program and
budget authority over Federal efforts to combat terrorism. It should have the
authority to conduct a review of Federal agency programs and budgets to ensure
compliance with the priorities established in the national strategy, as well as the
elimination of conflicts and unnecessary duplication among agencies. The
National Office should administer a budget certification/decertification process
with the authority to determine whether an agency's budget complies with the
national strategy and to appeal ultimately to the President to resolve disputes.
In addition to developing and overseeing the national strategy, the National
Office for Combating Terrorism should oversee terrorism-related intelligence
activities. The office should coordinate Federal programs designed to assist
response entities at the local and State levels, especially for planning, training,
exercises, and equipment. The office should provide direction and priorities for
research and development, and related test and evaluation (RDT&E) for
combating terrorism, as well as for developing nationally recognized standards
for equipment and laboratory protocols and techniques. It should coordinate
programs designed to enhance the capabilities of and coordination among the
various health and medical entities at all levels.
The National Office for Combating Terrorism should not be an operational entity
in the sense of exerting direct control over Federal assets in operations to
combat terrorism.
Finally, the director of the National Office should establish an Advisory Board for
Domestic Programs to assist in providing broad strategic guidance and to serve
as part of the approval process for the domestic portion of strategy, plans, and
programs of the National Office for Combating Terrorism. This board should be
composed of one or more sitting State governors, mayors of several U.S. cities,
the heads of several major professional organizations, and nationally recognized
subject matter experts in combating terrorism, in addition to senior
representatives of the major Federal entities that have responsibility for
combating terrorism. The President and the Congress should each appoint
members to this board.
Finding 3: The Congress shares responsibility for the inadequate
coordination of programs to combat terrorism.
The Congress's strong interest in, and commitment to, U.S. efforts to combat
terrorism is readily apparent. The Congress took the initiative in 1995 to improve
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
the nation's domestic preparedness against terrorism. But the Congress has
also contributed to the Executive Branch's problems. Over the past five years,
there have been a half-dozen Congressional attempts to reorganize the
Executive Branch's efforts to combat terrorism, all of which failed. None enjoyed
the support of the Executive Branch. At least 11 full committees in the Senate
and 14 full committees in the House-as well as their numerous
subcommittees-claim oversight or some responsibility for various U.S.
programs for combating terrorism. Earmarks in appropriations bills created many
of the Federal government's specific domestic preparedness programs without
authorizing legislation or oversight. The rapidly growing U.S. budget for
combating terrorism is now laced with such earmarks, which have proliferated in
the absence of an Executive Branch strategy. The Executive Branch cannot
successfully coordinate its programs for combating terrorism alone. Congress
must better organize itself and exercise much greater discipline.
Recommendation 3: The Congress should consolidate its authority over
programs for combating terrorism into a Special Committee for
Combating Terrorism-either a joint committee between the Houses or
separate committees in each House-and Congressional leadership
should instruct all other committees to respect the authority of this new
committee and to conform strictly to authorizing legislation.
The creation of a new joint committee or separate committees in each House is
necessary to improve the nation's efforts to fight terrorism. The committee
should have a substantial standing staff. The new National Office for Combating
Terrorism must establish a close working relationship with the committee, and
propose comprehensive and coherent programs and budget requests in support
of the new national strategy. The new joint or separate committee should have
the authority to dispose of the Executive Branch request and to oversee the
execution of programs that it authorizes. For this to work, other Congressional
authorizing committees with an interest in programs for combating terrorism must
recognize the concurrent, consolidated authority of the joint or separate
committee; and relevant appropriations committees must exercise restraint and
respect the authorizing legislation of the new structure. We recognize that this
task is no less daunting than the Executive Branch reorganization that we
propose above, but it is no less needed.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
Finding 4: The Executive Branch and the Congress have not paid
sufficient attention to State and local capabilities for combating terrorism
and have not devoted sufficient resources to augment these capabilities
to enhance the preparedness of the nation as a whole.
The foundation of the nation's domestic preparedness for terrorism is the network
of emergency response capabilities and disaster management systems provided
by State and local governments. "Local" response personnel-community and
State law enforcement officers, firefighters, emergency medical technicians,
hospital emergency personnel, public health officials, and emergency
managers-will be the "first responders" to virtually any terrorist attack anywhere
in the nation. Federal resources may not arrive for many hours-if not days-
after the attack. A disproportionately small amount of the total funds
appropriated for combating terrorism is being allocated to provide direct or
indirect assistance to State and local response efforts. This level of Federal
funding for non-Federal capabilities is not commensurate with the importance
that State and local capabilities will have in any operational response to a major
terrorist attack inside our borders.
Any coherent national strategy for combating terrorism domestically must
recognize the critical need to build on the nation's existing emergency response
and management systems for the pragmatic reasons of viability and cost-
effectiveness.
Recommendation 4: The Executive Branch should establish a strong
institutional mechanism for ensuring the participation of high-level State
and local officials in the development and implementation of a national
strategy for terrorism preparedness.
To be consistent with the Federal structure of our government, the President
should work in closer partnership with State and local governments as they
collectively strive to achieve higher levels of domestic preparedness for terrorism.
The domestic portion of a national strategy for combating terrorism should
emphasize programs and initiatives that build appropriately on existing State and
local capabilities for other emergencies and disasters. The Executive Branch,
therefore, should develop the national strategy in close partnership with high-
level State and local officials drawn from key professional communities: elected
officials, law enforcement, fire protection, emergency medical technicians, public
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
health officials, hospital medical care providers, and emergency managers.
State and local officials should, in particular, have substantial responsibility for
the detailed design and oversight of the Federal training, equipment, and
exercise programs. The Advisory Board for Domestic Programs, proposed
earlier, should provide advice for these functions, augmented as necessary by
State and local representatives assigned to the National Office for Combating
Terrorism.
Finding 5: Federal programs for domestic preparedness to combat
terrorism lack clear priorities and are deficient in numerous specific
areas.
We have a number of recommendations about selected aspects of current U.S.
programs for domestic preparedness to combat terrorism. The lack of clear
priorities is an obvious byproduct of the lack of a strategy. Thus, many of our
specific recommendations reflect criticisms that are subordinate to our macro-
critique that the United States lacks a coherent national strategy. We recognize
the problem of offering detailed programmatic recommendations in advance of a
national strategy. Through its deliberations, the Advisory Panel has,
nevertheless, reached consensus on a number of specific findings and
recommendations, summarized below and detailed in the full report.
Specific Functional Recommendations.
Our focus continues to be on the needs of local and State response entities.
"Local" response entities-law enforcement, fire service, emergency medical
technicians, hospital emergency personnel, public health officials, and
emergency managers-will always be the "first response," and conceivably the
only response. When entities at various levels of government are engaged, the
responsibilities of all entities and lines of authority must be clear.
1. Collecting Intelligence, Assessing Threats, and Sharing Information. The
National Office for Combating Terrorism should foster the development of a
consolidated all-source analysis and assessment capability that would provide
various response entities as well as policymakers with continuing analysis of
potential threats and broad threat assessment input into the development of the
annual national strategy. That capability should be augmented by improved
human intelligence collection abroad, more effective domestic activities with a
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
thorough review of various Federal guidelines, and reasonable restrictions on
acquisition of CBRN precursors or equipment. The National Office should also
foster enhancements in measurement and signature intelligence, forensics, and
indications and warning capabilities. To promote the broadest possible
dissemination of useful, timely (and if necessary, classified) information, the
National Office should also oversee the development and implementation of a
protected, Internet-based single-source web page system, linking appropriate
sources of information and databases on combating terrorism across all relevant
functional disciplines.
2. Operational Coordination. The National Office for Combating Terrorism
should encourage Governors to designate State emergency management
entities as domestic preparedness focal points for coordination with the Federal
government. The National Office should identify and promote the establishment
of single-source, "all hazards" planning documents, standardized Incident
Command and Unified Command Systems, and other model programs for use in
the full range of emergency contingencies, including terrorism. Adherence to
these systems should become a requirement of Federal preparedness
assistance.
3. Training, Equipping, and Exercising. The National Office for Combating
Terrorism should develop and manage a comprehensive national plan for
Federal assistance to State and local agencies for training and equipment and
the conduct of exercises, including the promulgation of standards in each area.
The National Office should consult closely with State and local stakeholders in
the development of this national plan. Federal resources to support the plan
should be allocated according to the goals and objectives specified in the
national strategy, with State and local entities also providing resources to support
its implementation.
4. Health and Medical Considerations. The National Office for Combating
Terrorism should reevaluate the current U.S. approach to providing public health
and medical care in response to acts of terrorism, especially possible mass
casualty incidents and most particularly bioterrorism. The key issues are
insufficient education and training in terrorism-related subjects, minimum
capabilities in surge capacity and in treatment facilities, and clear standards and
protocols for laboratories and other activities, and vaccine programs. A robust
public health infrastructure is necessary to ensure an effective response to
terrorist attacks, especially those involving biologic agents. After consultation
with public health and medical care entities, the National Office should oversee
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
the establishment of financial incentives coupled with standards and certification
requirements that will, over time, encourage the health and medical sector to
build and maintain required capabilities. In addition, Federal, State, and local
governments should clarify legal and regulatory authorities for quarantine,
vaccinations, and other prescriptive measures.
5. Research and Development, and National Standards. The National Office for
Combating Terrorism should establish a clear set of priorities for research and
development for combating terrorism, including long-range programs. Priorities
for targeted research should be responder personnel protective equipment;
medical surveillance, identification, and forensics; improved sensor and rapid
readout capability; vaccines and antidotes; and communications interoperability.
The National Office must also coordinate the development of nationally
recognized standards for equipment, training, and laboratory protocols and
techniques, with the ultimate objective being official certification.
6. Providing Cyber Security Against Terrorism. Cyber attacks inside the United
States could have "mass disruptive," even if not "mass destructive" or "mass
casualty" consequences. During the coming year, the Advisory Panel will focus
on specific aspects of critical infrastructure protection (CIP), as they relate to the
potential for terrorist attacks. In our discussions thus far, we have identified
several areas for further deliberation, including CIP policy oversight; standards;
alert, warning, and response; liability and other legal issues, and CIP research.
We will make specific policy recommendations in our next report.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
Chapter One
Forging a National Strategy
We have been fortunate as a nation. The terrorist incidents in this country-however
tragic-have occurred so rarely that the foundations of our society or our form of
government have not been threatened. Nevertheless, the potential for terrorist attacks
inside the borders of the United States is a serious emerging threat. There is no guarantee
that our comparatively secure domestic sanctuary will always remain so. Because the
stakes are so high, our nation's leaders must take seriously the possibility of an escalation
of terrorist violence against the homeland.
The continuing challenge for the United States is first to deter and, failing that, to detect
and interdict terrorists before they strike. Should an attack occur, local, State, and
Federal authorities must be prepared to respond and mitigate the consequences of the
attack.
To prepare to manage the consequences of such attacks effectively, the United States
needs changes in the relationships among all levels of government. Our ability to
respond cannot depend on a single level or agency of government. Rather we need a
national approach, one that recognizes the unique individual skills that communities,
States, and the Federal government possess and that, collectively, will give us the "total
package" needed to address all aspects of terrorism.
The Advisory Panel produced a comprehensive assessment, in its first report, of the
terrorist threat, with a focus on chemical, biological, radiological, and nuclear (CBRN)
weapons. There we said:
The Panel concludes that the Nation must be prepared for the entire spectrum
of potential terrorist threats both the unprecedented higher-consequence
attack, as well as the historically more frequent, lesser-consequence terrorist
attack, which the Panel believes is more likely in the near term. Conventional
explosives, traditionally a favorite tool of the terrorist, will likely remain the
terrorist weapon of choice in the near term as well. Whether smaller-scale
CBRN or conventional, any such lower-consequence event-at least in terms
of casualties or destruction-could, nevertheless, accomplish one or more
terrorist objectives: exhausting response capabilities, instilling fear,
undermining government credibility, or provoking an overreaction by the
1
Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
government. With that in mind, the Panel's report urges a more balanced
approach, so that not only higher-consequence scenarios will be considered,
but that increasing attention must now also be paid to the historically more
frequent, more probable, lesser-consequence attack, especially in terms of
policy implications for budget priorities or the allocation of other resources,
to optimize local response capabilities. A singular focus on preparing for an
event potentially affecting thousands or tens of thousands may result in a
smaller, but nevertheless lethal attack involving dozens failing to receive an
appropriate response in the first critical minutes and hours.
While noting that the technology currently exists that would allow terrorists
to produce one of several lethal CBRN weapons, the report also describes the
current difficulties in acquiring or developing and in maintaining, handling,
testing, transporting, and delivering a device that truly has the capability to
cause "mass casualties."1
The Panel stands by its conclusions from one year ago.
In its second year, the Advisory Panel shifted its emphasis from threat assessment to
broad program assessment. While the Advisory Panel found much to commend, it also
found problems at all levels of government and in virtually every functional discipline
relevant to combating terrorism. The Panel believes these problems are particularly acute
at high levels of the Federal Executive Branch. Hence, the present report highlights the
related issues of national strategy and Federal organization, and recommends solutions
for these and other problems.
The United States needs a functional, coherent national strategy for domestic
preparedness against terrorism. A national strategy is a high-level statement of national
objectives coupled logically to a statement of the means to be used to achieve these
objectives. In a coherent strategy, programmatic details are analytically derived from the
statement of goals. Currently, there is no overarching statement of what the United States
is trying to achieve with its program to combat terrorism . Goals must be expressed in
terms of results, not process. Government officials currently speak of terrorism
preparedness goals in terms of program execution. Administrative measurements of
program implementation are not meaningful for the purposes of strategic management
and obscure the more fundamental and important question: To what end are these
programs being implemented?
Instead of a national strategy, the nation has a loosely coupled set of plans and specific
programs that aim, individually, to achieve certain particular preparedness objectives.
Senior U.S. officials state that several official broad policy and planning documents that
have been published in recent years-Presidential Decision Directives 39 and 62, the
1 The First Annual Report to the President and the Congress: I. Assessing the Threat (the "First Report"),
p. viii. The First Report was delivered on December 15, 1999. For a complete copy of the report, see
http://www.rand.org/organization/nsrd/terrpanel/.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
Attorney General's 1999 Five-Year Interagency Counterterrorism and Technology Crime
Plan, and the most recent Annual Report to Congress on Combating Terrorism2-taken
as a whole, constitute a national strategy. These documents describe plans, the
compilation of various programs already under way, and some objectives; but they do not
either individually or collectively constitute a national strategy.
Many of the current programs have resulted from specific Congressional earmarks in
various appropriations bills and did not originate in Executive Branch budget requests.
They are the initiatives of concerned and proactive Senators and Representatives.
Although Executive Branch agencies are administering programs assigned to them in the
appropriations legislation, the Executive Branch has not articulated a broad national
strategy that would synchronize the existing programs or identify future program
priorities needed to achieve national objectives for domestic preparedness for terrorism.
Given the structure of our national government, only the Executive Branch can produce
such a national strategy.
The Advisory Panel therefore recommends that the next President develop and
present to the Congress a national strategy for combating terrorism within one year
of assuming office.3 The next Administration should begin this process of developing a
national strategy by a thoughtful articulation of national goals (ends) of the program,
focusing on results rather than process. The structure and specifics of the national
program should derive logically and transparently from the goals, not the other way
around.
Basic Assumptions
The Advisory Panel agreed on several basic assumptions to guide its approach to strategy
development.
First, "local" response entities-law enforcement, fire service, emergency medical
technicians, hospital emergency personnel, public health officials, and emergency
managers, in any of several combinations depending on the nature of the attack-will
always be the "first "-and conceivably only-response. "Local" entities in this context
can include elements of incorporated and unincorporated municipalities, counties, and
State organizations. In every case, some combination of those entities will inevitably be
involved.
Second, in the event of a major terrorist attack, however defined-number of fatalities or
total casualties, the point at which local and State capabilities are overwhelmed, or some
2 The Office of Management and Budget, Annual Report to Congress on Combating Terrorism, Including
Defense against Weapons of Mass Destruction/Domestic Preparedness and Critical Infrastructure
Protection, May 18, 2000.
3 The Advisory Panel made essentially the same recommendation in its first annual report: "A national
strategy to address the issues of domestic preparedness and response to terrorist incidents involving CBRN
and other types of weapons is urgently needed." First Report, p. 54.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
other measure-no single jurisdiction is likely to be capable of responding to such an
attack without outside assistance. This assumption is critical to understanding the need
for mutual aid agreements and coordinated operations.
Third-and perhaps most important-there are existing emergency response and
management capabilities, developed over many years, for responses to natural disasters,
disease outbreaks, and accidents. Those capabilities can and should be used as a base for
enhancing our domestic capability for response to a terrorist attack. We are not, as some
have asserted, "totally unprepared" for a major terrorist attack, even with a biological
weapon. We can strengthen existing capabilities, without buying duplicative, cost-
prohibitive capabilities exclusively dedicated to terrorism. Similarly, our capabilities to
deter, prevent, or respond to a terrorist attack correspondingly enhance capabilities
against attacks from nation-states.
Essential Characteristics of a Comprehensive Functional Strategy for Combating Terrorism
NATIONAL IN SCOPE, NOT JUST FEDERAL
APPROPRIATELY RESOURCED AND BASED ON MEASURABLE PERFORMANCE OBJECTIVES
FOCUSED ON THE FULL RANGE OF DETERRENCE, PREVENTION, PREPAREDNESS, AND RESPONSE
ACROSS THE SPECTRUM OF THREATS-DOMESTIC AND INTERNA TIONAL
FOR DOMESTIC PROGRAMS, BUILT UPON REQUIREMENTS FROM AND FULLY COORDINATED
WITH RELEVANT LOCAL, STATE, AND FEDERAL AUTHORITIES
The national strategy should be geographically and functionally comprehensive. It
should address both international and domestic terrorism. The distinction between
terrorism outside the borders of the United States and domestic terrorist threats is
eroding. International terrorism crosses borders easily and may directly affect the
American homeland. This was evident in the New York World Trade Center bombing in
1993, and more recently in the activities around the turn of the century, especially with
the arrests of Ahmed Ressam in Washington State, and Lucia Garofalo and Bouabide
Chamchi in Vermont. The terrorist bombings of the U.S. garrison at Khobar Towers,
Saudi Arabia, the two U.S. embassies in East Africa, and the recent USS Cole incident,
also illustrate the reach of terrorists against U.S. interests and the profound domestic
implications they pose.
To be functionally comprehensive, the national strategy should address the full spectrum
of the nation's efforts against terrorism: intelligence, deterrence, prevention,
investigation, prosecution, preemption, crisis management, and consequence
management. As the Advisory Panel recognized in its first report, our nation's highest
goal must be the deterrence and prevention of terrorism. The United States cannot,
however, prevent all terrorist attacks. When deterrence and prevention fail, the nation
must respond effectively to terrorism, whether to resolve an ongoing incident, mitigate its
consequences, identify the perpetrators, and prosecute or retaliate as appropriate. The
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
national strategy should deal with all aspects of combating terrorism and must carefully
weigh their relative importance for the purpose of allocating resources among them.
The national strategy should apply to the nation as a whole, not just the Federal Executive
Branch. The Federal government should lead a strategic planning process that involves
States and communities as essential and equal partners.4
The national strategy must be appropriately resourced, by all levels of government, to
provide a reasonable opportunity to achieve its successful implementation. At the
Federal level, that will require a closer relationship between the Executive and
Legislative Branches. Nationally, that will require better coordination with State and
local governments.
Identifying the Ends of Strategy: National Goals
The first step in developing a coherent national strategy is for the Executive Branch to
define some meaningful, measurable expression of what it is trying to achieve in
combating terrorism. The Federal government's goals are currently expressed primarily
in terms of program execution. Administrative measurements alone do not foster
effective management of a national program.
The national strategy must express preparedness goals in terms of an "end state" toward
which the program strives. Since there exists no ready-made measurement of a country's
preparedness for terrorism, especially domestically, the Executive Branch must develop
objective measurements for its program to combat terrorism, to track its progress, to
determine priorities and appropriate funding levels, and to know when the desired "end
state" has been achieved.
The nation's strategy for combating terrorism requires results-based goals for three
reasons. First, the programs need an end-state goal. Elected and appointed officials from
Federal, State, and local governments must be able to allocate resources to specific
geographic regions according to requirements of that region. Resources should be
allocated to achieve that broadest application for all emergency and disaster needs,
consistent with preparedness goals. That approach is fundamental to the principles of
building on existing systems and to achieving the maximum possible multipurpose
capability.
Second, programs for combating terrorism need accountability. Legislators and public
officials, especially elected ones, must have some reliable, systematic way of assessing
the extent to which their efforts and taxpayers' money are producing effective results.
4 One of the most effective processes for identifying the issues most important to State and local entities
has been the joint effort of the National Governors Association (NGA) Center for Best Practices and the
National Emergency Management Association (NEMA) in conducting "States' Regional Terrorism Policy
Forums." The entire compilation of "States' Recommendations" from the NGA/NEMA Policy Forums is
contained in Appendix J. Future references in this report will be to "States' Recommendations" by
recommendation number.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
The performance and results of programs for combating terrorism are currently assessed
almost solely according to anecdote. The only concrete measure available at the moment
is the dispersal of Federal funds-a process measurement that does not achieve effective
strategic management.
Third, programs for combating terrorism need clear priorities. It is impossible to set
priorities without first defining results-based objectives. The essence of any coherent
strategy is a clear statement of priorities that can be translated into specific policy and
programmatic initiatives. Priorities are the transmission mechanism that connects ends to
means.
Developing the Means of Strategy: Program Structure and Priorities
Setting priorities is essential in any strategy, but priorities require clear, results-based
objectives. With some meaningful sense of objectives, it will be possible to develop
coherent priorities and an appropriate set of policy prescriptions. For instance, should the
nation seek a different level of preparedness for large urban centers than for rural areas?
What should be the relative importance of preparing for conventional terrorism,
radiological incidents, chemical weapons, biological weapons, or cyber attacks? Should
the nation seek to improve its preparedness more against the types of attacks that are
most likely to occur, such as conventional terrorist bombings or the use of industrial
chemicals, or for those that are most damaging but less likely to occur, such as nuclear
weapons or military-grade chemical or biological weapons? With respect to biological
weapons, which pathogens deserve priority? Should the emphasis be on small-scale
contamination attacks as opposed to large-scale aerosol releases of the worst pathogen
types, such as anthrax, plague, and smallpox? What is the relative priority for allocating
resources to protect critical infrastructure, especially from cyber attacks?
The answers to these and other questions have important implications for the allocation
of Federal resources for training, equipment acquisition, exercises, research and
development, pharmaceutical stockpiles, vaccination programs, and response plans.
A coherent national strategy would provide clarity to the allocation of Federal resources
across the full range of possible activities to combat terrorism. To date, these critical
resource allocation decisions have been made in an ad hoc manner and without reference
to meaningful national goals.
The Executive Branch has not articulated a broad functional national strategy for
combating terrorism. It is, therefore, not possible for the Advisory Panel to evaluate the
extent to which the current panoply of preparedness programs contributes to the
achievement of strategic goals. The next Administration should address the issue as a top
priority, and certainly no later than one year after taking office. The country is now at a
disadvantage in that a large number of programs have already been established and may
have to be reconfigured-an inevitable consequence of their ad hoc origins.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
Chapter Two
Getting the Federal House in Order
IMPROVING FEDERAL EXECUTIVE BRANCH COORDINATION
To many at the State and local levels, the structure and process at the Federal level for
combating terrorism appear uncoordinated, complex, and confusing. Our first report
included a graphical depiction of the numerous Federal agencies and offices within those
agencies that have responsibilities for combating terrorism.5 Attempts to create a Federal
focal point for coordination with State and local officials-such as the National Domestic
Preparedness Office-have met with little success. Moreover, many State and local
officials believe that Federal programs intended to assist at their levels are often created
and implemented without consulting them.6 Confusion often exists even within the
Federal bureaucracy. The current coordination structure does not possess the requisite
authority or accountability to make policy changes and to impose the discipline necessary
among the numerous Federal agencies involved.
"THE NATIONAL OFFICE FOR COMBATING TERRORISM"
We recommend the establishment of a senior level coordination entity in the
Executive Office of the President, entitled the "National Office for Combating
Terrorism," with the responsibility for developing domestic and international policy
and for coordinating the program and budget of the Federal government's activities
for combating terrorism.7
5 First Report, Appendix A.
6 The implementation of the Nunn-Lugar-Domenici "120 Cities" training program and the initial structure
of the equipment grant program are two examples.
7 Several of the concepts contained in our recommendation were included in H.R. 4210 (the "Fowler Bill"),
as it was introduced or as it passed the House of Representatives . The most obvious difference in our
recommendations and those contained in H.R. 4210 involve the scope of responsibilities of the office. H.R.
4210 was only for domestic preparedness and response; our proposal covers both domestic and
international and therefore includes specific provisions related to foreign programs and intelligence
collection.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
Principal Tasks
National Strategy. The National Office for
TASKS Combating Terrorism will have several principal
ß National Strategy tasks. Foremost will be the responsibility to develop
ß Program/Budget Controls a comprehensive national strategy. That strategy
ß Intelligence must be approved by the President and updated
ß Plans Review
ß Proposals for Change annually. It must address the full range of domestic
ß Domestic Programs and international terrorism deterrence, prevention,
ß Health and Medical preparedness, and response. The approach to the
ß RDT&E and Standards
ß Clearinghouse domestic part of the strategy should be "bottom up,"
developed in close coordination with local, State, and
other Federal entities.8
The strategy must contain a detailed implementation plan, with specific milestones for its
accomplishment. Most important, the strategy must articulate a methodology for
continually measuring and monitoring domestic preparedness. That methodology must
be accomplished in close coordination with the States. Preparedness efforts will vary
from State to State and even among jurisdictions within States. Nevertheless, some
rational system to rate our preparedness as a nation will be required, if making the most
effective use of limited resources-at all levels of government-is a worthwhile goal.
We do not suggest that all jurisdictions "look the same" in terms of a specific minimum
number, for example, of pieces of certain personal protective equipment (PPE) per
thousand population.
A simple "scorecard" for preparedness is not the answer. One city in the Los Angeles
metropolitan area, for example, may not have any "Level A" chemical protective suits,
but may possess the latest state-of-the-art communications equipment. A neighboring
jurisdiction may recently have invested in "Level A" gear. Taking the best of each and of
other nearby jurisdictions as part of a cooperative effort for mutual aid will yield
dramatically different preparedness indicators than a "city-by-city" rating scheme.
Cooperative efforts among jurisdictions will foster preparedness on an area basis.
That recognition suggests to us that a preparedness measurement process should be
developed along regional lines. Such an approach might start with the 10 Federal
Emergency Management Agency regions as a base with further subdivisions into area
groupings.
Program and Budget Controls. A concurrent responsibility of the National Office for
Combating Terrorism will be to work within the Executive Branch and with the Congress
to ensure that sufficient resources are allocated to support the execution of the national
strategy. The U.S. strategy for deterrence, prevention, preparedness, and response for
terrorists acts outside the United States, developed under the leadership of the
8 See "States' Recommendations," Nos. 11 and 23, Appendix J.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
Department of State, is comprehensive and, for the most part, appropriately resourced. It
is on the domestic front that much additional effort and coordination will be required.
We recommend that the National Office for Combating Terrorism be given the
authority to exercise specific limited program and budget control over activities for
combating terrorism within the relevant Federal departments and agencies. That
authority should include the responsibility to conduct a full review of Federal agency
programs and budgets, to ensure compliance with the programmatic and funding
priorities established in the approved national strategy and to eliminate conflicts and
unnecessary duplication among agencies. We recommend that an Assistant Director
direct the program and budget functions for Management and Budget.
The Office of Management and Budget and the responsible element of the National
Security Council staff-the Office of the National Coordinator for Security, Counter-
terrorism, and Infrastructure Protection-have developed a process for submitting a
composite "roll-up" of the programs for combating terrorism of the various Federal
agencies. The latest submission to the Congress9 is the most comprehensive to date.
That is an important step in the right direction-a macro-level inventory of agency
spending to combat terrorism. To be truly effective, however, such a process must
contain specific authority to hold agencies accountable for their spending and for
compliance with the national strategy. Moreover, OMB's "Annual Report" provides only
general program descriptions. The Executive should provide comprehensive information
to the Congress to consider in the deliberative authorization and appropriations processes.
In addition to a comprehensive strategy document, supporting budget information should
include a complete description and justification for each program, coupled with current
and proposed out-year expenditures.
Intelligence Coordination and Analysis. We recommend that the National Office for
Combating Terrorism provide coordination and advocacy for both foreign and
domestic terrorism-related intelligence activities, including the development of
national net assessments of terrorist threats. A critical task will be to develop, in
concert with the Intelligence Community,10 policies and plans for the dissemination of
intelligence and other pertinent information on terrorist threats to designated entities at all
levels of government-local, State, and Federal.11
We recommend that an Assistant Director for Intelligence in the National Office
direct the intelligence function for Combating Terrorism, who should be "dual-
hatted" as the National Intelligence Officer (NIO) for Combating Terrorism at the
9 Annual Report to Congress on Combating Terrorism, Including Defense against Weapons of Mass
Destruction/ Domestic Preparedness and Critical Infrastructure Protection, May 18, 2000. The
requirement for the submission to the Congress of an annual report of funding efforts in the Executive
Branch to combat terrorism is contained in Section 1051 of the National Defense Authorization Act for
Fiscal Year 1998 (Pub. L. 10585), as amended by Section 1403 of the National Defense Authorization Act
for Fiscal Year 1999 (Pub. L. 105261).
10 Including its Federal law enforcement components.
11 For more detailed recommendations in this subject area, see the section entitled "Collecting Intelligence,
Assessing Threats, and Sharing Information" in Chapter Three.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
National Intelligence Council. That Assistant Director/NIO and staff would be
responsible for compiling terrorism intelligence products from the various agencies, for
providing national-level threat assessments for inclusion in the national strategy, and for
producing composite or "fused" products for dissemination to designated Federal, State,
and local entities, as appropriate. The Assistant Director/NIO should be delegated, by
Executive Order or in enabling legislation, tasking authority for terrorism-related
intelligence collection and analysis. That person will serve as focal point for developing
policy for combating terrorism intelligence matters, keeping the policymaking and
operational aspects of intelligence collection and analysis separate. The Assistant
Director will also be the logical interface with the intelligence oversight committees of
the Congress. It is, in our view, important to have a senior-level position created for this
purpose, and we recommend that the person initially chosen to fill the position be a
current or former agent of the Federal Bureau of Investigation. That position can then be
filled in rotation by appropriately qualified persons from law enforcement and the
Intelligence Community. The intelligence office should be staffed with a small, select
staff of knowledgeable and experienced personnel, who understand collection, analysis,
and assessment processes, from the various intelligence and law enforcement agencies.
There is sound rationale for the legal and regulatory requirements governing the
"domestic collection" of intelligence by the Intelligence Community.12 It will be the
responsibility of the Assistant Director for Intelligence and the intelligence staff to ensure
strict adherence to applicable law and regulations in the administration of these activities.
To assist in this intelligence function, we recommend the establishment of a "Council
to Coordinate Intelligence for Combating Terrorism," to provide strategic direction
for intelligence collection and analysis, as well as a clearance mechanism for product
dissemination and other related activities. It should consist of the heads of the various
Intelligence Community entities and State and local representatives who have been
granted appropriate security clearance. The Director of the Federal Bureau of
Investigation and the Director of Central Intelligence should chair it in annual rotation.
Plans Review. We recommend that the National Office for Combating Terrorism
be given authority to review State and geographical area strategic plans, and at the
request of State entities, review local plans or programs for combating terrorism,
for consistency with the national strategy. That review will allow the National Office
to identify gaps and deficiencies in Federal programs. At the completion of that review,
the National Office should provide an analysis of the plan or program, including any
recommendations for modification, to the submitting jurisdiction.
Proposals for Change. We recommend that the National Office for Combating
Terrorism have authority to propose new Federal programs or changes to existing
programs, including Federal statutory or regulatory authority.
12 For further discussion on this point, see the section entitled "Collecting Intelligence, Assessing Threats,
and Sharing Information" in Chapter Three.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
Domestic Preparedness Programs. We recommend an Assistant Director for
Domestic Preparedness Programs in the National Office to direct the coordination
of Federal programs designed to assist response entities at the local and State levels,
especially in the areas of "crisis" and "consequence" planning, training, exercises,
and equipment programs for combating terrorism.13 The national strategy that the
National Office should develop-in coordination with State and local stakeholders-
must provide strategic direction and priorities for programs and activities in each of these
areas.
Health and Medical Programs. Much remains to be done in the coordination and
enhancement of Federal health and medical programs for combating terrorism and for
coordination among public health officials, public and private hospitals, pre-hospital
emergency medical service (EMS) entities, and the emergency management
communities. We recommend that the responsibility for coordinating programs to
address health and medical issues be vested in an Assistant Director for Health and
Medical Programs in the National Office for Combating Terrorism. The national
strategy should provide direction for the establishment of national education programs for
the health and medical disciplines, for the development of national standards for health
and medical response to terrorism, and for clarifying various legal and regulatory
authority for health and medical response.
Research, Development, Test, and Evaluation (RDT&E), and National Standards.
We recommend that the responsibility for coordinating programs in these two areas
be assigned to an Assistant Director for Research, Development, Test, and
Evaluation, and National Standards in the National Office for Combating
Terrorism.14 The national strategy should provide direction and priorities for RDT&E
for combating terrorism. We believe that the Federal government has primary
responsibility for combating terrorism RDT&E. Local jurisdictions and most states will
not have the resources to engage in the research and development required in the
sophisticated environment that may be a part of the nation's response to terrorism.
Moreover, we have essentially no nationally recognized standards in such areas as
personal protective equipment, detection equipment, and laboratory protocols and
techniques.
Clearinghouse Function. We recommend that the National Office for Combating
Terrorism should serve as the information clearinghouse and central Federal point
of contact for State and local entities. We heard many comments about how difficult it
is for local jurisdictions and State agencies, even those with experience in complex
Federal programs, to navigate the maze of the Federal structure. The National Office for
Combating Terrorism should assume that role and serve as the "one-stop shop" for
13 For more detailed recommendations in this subject area, see the sections entitled "Training, Equipping,
and Exercising" and "Planning, Coordinating, and Operating Cooperatively" in Chapter Three.
14 For more detailed recommendations on RDT&E, see the section entitled "Promoting Better Research and
Development, and Developing National Standards" in Chapter Three.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
providing advice and assistance on Federal programs for training, planning, exercises,
equipment, reporting, and other information of value to local and State entities.
Structure and Characteristics
ATTRIBUTES
The National Office for Combating Terrorism
ß Political Accountability
ß Program/Budget Authority should possess certain essential attributes, as
ß Multidisciplinary Staffing follows:
ß No Operational Control
ß Advisory Board Political Accountability and Responsibility.
ß Relationships The person designated as the focal point for
developing a national strategy and for
coordinating Federal programs for combating terrorism must have political accountability
and responsibility. That person should be vested with sufficient authority to accomplish
the purposes for which the office is created and should be the senior point of contact of
the Executive Branch with the Congress. In that way, the Congress will have the
opportunity to discuss the government's overall policy and programs for combating
terrorism with the senior official responsible. For these reasons, we recommend that
the President appoint and the Senate confirm the Director of the National Office for
Combating Terrorism, who should serve in a "cabinet-level" position.
Program and Budget Authority. The National Office for Combating Terrorism should
have sufficient budget authority and programmatic oversight to influence the resource
allocation process and ensure program compatibility. That process should include a
structured certification/decertification process to formally "decertify" all or part of an
agency's budget as noncompliant with the national strategy. A decertification would
require the agency to revise its budget to make it compliant or, alternatively, to allow the
agency head to appeal the decertification decision to the President. This recommendation
does not give the Director of the National Office authority to "veto" all or part of any
agency's budget, or the authority to redirect funds within an agency or among agencies
Multidisciplinary Staffing. We recommend that the National Office for Combating
Terrorism have full-time multidisciplinary expertise, with representation from each
of the Federal agencies with responsibilities for combating terrorism, and with
resident State and local expertise. The National Office can ensure Federal agency
representation by directly hiring personnel from the various agencies. A better approach
would be the directed detail of various Federal agency personnel on a term basis. That
would allow for the rotation of incoming personnel who bring current perspectives from
their respective agencies and the return to those agencies of personnel who will have a
national-level perspective. Moreover, the personnel and the agencies involved must view
such assignments as "career enhancing."
For programs with a domestic focus, the National Office for Combating Terrorism must
have sufficient resources to employ persons with State and local expertise and from each
of the response disciplines. The National Office should enter into agreement with State
and local jurisdictions for a leave of absence for certain personnel, to be employed by the
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
National Office for a specified term. With that approach, there would be a constant flow
of personnel with perspectives "fresh from the street."
No Operational Control. While the National Office for Combating Terrorism should be
vested with specific program coordination and budget authority, it is not our intention
that it have "operational" control over various Federal agency activities.
We recommend that the National Office for Combating Terrorism not be "in
charge" of response operations in the event of a terrorist attack. The National Office
should provide a coordinating function and disseminate intelligence and other critical
information. The word "czar" is inappropriate to describe this office. The Director
should not be empowered to order any Federal agency to undertake any specific activity.
Lead Federal Agency responsibility will normally fall to the Department of Justice for
"crisis management" and to the Federal Emergency Management Agency for
"consequence management." Other than its continuing responsibility in facilitating the
flow of information and intelligence, this recommendation does not envision any
operational role for the National Office for Combating Terrorism during an actual
response.
"Lead Federal Agency" and "Lead Agency" are defined as follows:
"2. Several of these plans designate a Lead Federal Agency (LFA) to coordinate the
Federal response. The LFA is determined by the type of emergency. In general, an
LFA establishes operational structures and procedures to assemble and work with
agencies providing direct support to the LFA in order to obtain an initial assessment of
the situation, develop an action plan, and monitor and update operational priorities.
The LFA ensures that each agency exercises its concurrent and distinct authorities
and supports the LFA in carrying out relevant policy. Specific responsibilities of an
LFA vary according to the agency's unique statutory authorities."15
. . . . . .
"G. Lead Agency. The FBI defines lead agency, as used in PDD-39, as the Federal
department or agency assigned lead responsibility to manage and coordinate a
specific function-either crisis management or consequence management. Lead
agencies are designated on the basis of their having the most authorities, resources,
capabilities, or expertise relative to accomplishment of the specific function. Lead
agencies support the overall Lead Federal Agency during all phases of the terrorism
response."16
With few exceptions, we recommend that existing programs remain in the agencies in
which they currently reside. One notable exception will be the functions of the National
Domestic Preparedness Office (NDPO), currently housed in the Federal Bureau of
Investigation. The new office should subsume all of the intended functions of the
15 Federal Response Plan, Basic Plan, Chapter IV. Concept of Operations, Section B, Concurrent
Implementation of Other Federal Emergency Plans, paragraph 2.
16 Federal Response Plan, Terrorism Incident Annex, Section VIII, Terms and Definitions, paragraph G.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
NDPO-coordination, information clearinghouse, advice and assistance to State and
local entities.
The National Office for Combating Terrorism should also assume many of the
interagency coordination functions currently managed by the National Security Council
office of the National Coordinator for Security, Counter-terrorism, and Infrastructure
Protection. For example, the responsibility for coordination of certain functions related
to combating terrorism-Assistance to State and Local Authorities, Research and
Development, Contingency Planning and Exercises, and Legislative and Legal Issues,
among others-will devolve to the National Office for Combating Terrorism.17 We also
recommend that the National Office for Combating Terrorism absorb certain entities as
adjuncts to its office, such as the Interagency Board for Equipment Standardization and
InterOperability.
Advisory Board for Domestic Programs. To assist in providing broad strategic
guidance and to serve as part of the approval process for the domestic portion of
strategy, plans, and programs of the National Office for Combating Terrorism, we
recommend the establishment of a national "Advisory Board for Domestic
Programs." That Board should include one or more sitting State governors, mayors of
several U.S. cities, the heads of several major professional organizations,18 and a few
nationally recognized terrorism subject matter experts, as well as senior officials from
relevant Federal agencies. The President and the Congress should each appoint members
to this board.
Intelligence Director Advisory Board for
Coordinating Council Domestic Programs
Assistant Director Assistant Director Assistant Director Assistant Director Assistant Director
for Management for for Domestic for Health and for RDT&E and
And Budget Intelligence Programs Medical Programs Standards
- Program/ - Coordination/ - Planning - Education/Training - Short/long
Budget Review Advocacy - Training - Certifications range R&D
- Certification/ - Net Assessments - Exercises - Standards/ - National
Decertification - Dual-hatted NIO - Equipment Protocols Standards
- Budget submission - Authorities
Figure 1. National Office for Combating Terrorism
17 To avoid confusion, we recommend the removal of the "counter-terrorism" element of the
"coordinator's" title. The "coordinator" will continue to be Special Assistant to the President and Senior
Director for Transnational Threats. That office should coordinate with the new National Office on
terrorism issues.
18 Potential organizations would include the International Association of Chiefs of Police, the International
Association of Fire Fighters, the International Association of Fire Chiefs, the National Association of
Emergency Medical Technicians, the National Emergency Management Association, the Council of State
and Territorial Epidemiologists, the National League of Cities, the National Association of Counties, and
the International City/County Management Association.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
Relationship with Other Federal Entities and Agencies. The nature of the relationship
of the National Office for Combating Terrorism with other Federal entities and the lines
of authority for all involved must be clear.
National Security Council (NSC)-The Director of the National Office for
Combating Terrorism should attend meetings of the National Security Council
when terrorism is a topic for consideration. Appropriate elements of the National
Security Council structure will provide direct input into the national strategy
development and program and budget activities for combating terrorism for
national security issues.19
Office of Management and Budget (OMB)-The program and authorities of the
National Office for Combating Terrorism are not intended to supplant or usurp the
authorities of OMB. Agencies with responsibilities for combating terrorism will
continue to submit complete budgets, including those parts of the budget related
to programs for combating terrorism, to OMB. In parallel, the portions of agency
budgets related to programs for combating terrorism will also be submitted to the
National Office for Combating Terrorism.
Federal Cabinet Departments and Other Federal Agencies-"Lead Federal
Agency" and "Lead Agency" designations and roles related to Federal programs
and activities for combating terrorism will continue to apply.
Alternative Structures Considered
During the course of our deliberations on the issue of improving Federal Executive
Branch coordination, we considered and rejected other alternatives to the creation of an
entity in the Executive Office of the President. We set forth those various alternatives in
Appendix E and explain why each was rejected.
19 An analogy is the current relationship between the National Security Council staff and the Office of
National Drug Control Policy. The director of that office likewise attends NSC meetings pertaining to drug
control matters. There are other similarities as well. The current statutory provisions for the structure and
authority of the Office of National Drug Control Policy are contained in 21 U.S. Code, Chapter 22 (22 U.S.
Code, Sections 17011712).
15
Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
IMPROVING COORDINATION IN THE CONGRESS
In our first report, we were critical of the Congress for its propensity to make "decisions
for authority and funding to address domestic preparedness and response issues [for
combating terrorism] with little or no coordination." We noted that the "various
committees of the Congress continue to provide authority and money within the confines
of each committee's jurisdiction over one or a limited number of Federal agencies and
programs."20 Those observations still pertain.
The Congress has been active in proposing legislative "fixes" to the problem of
Interagency coordination. Two recent examples are the unanimous passage by the House
of Representatives of a bill to create the "Office of Terrorism Preparedness" in the
Executive Office of the President,21 and of a provision to create a new "Deputy Attorney
General for Combating Domestic Terrorism."22 Numerous Congressional panels on both
sides of Capitol Hill have held hearings on the subject of terrorism. The Congress has
also commissioned various studies and reports on combating terrorism by the General
Accounting Office (GAO).23 One Act noted that Members "continue to be concerned
about the threat of domestic terrorism, particularly involving the use of weapons of mass
destruction (WMD) and the ability of the Federal Government to counter this threat." As
a consequence, the Congress directed a comprehensive report from the GAO:
The conferees agree to a provision that would require the Comptroller
General to provide an updated report to Congress, not later than 180
days after enactment of this Act, on federal strategy, policy and
programs to combat domestic terrorism. The conferees direct the
Comptroller General to include in the report on combating domestic
terrorism a discussion of the following issues: lead agency responsibility
for crisis and consequence management; adequacy of existing plans
formulated by the various federal agencies; threat and risk assessments;
command and control structures; exercises, including a thorough
assessment of the recent Top Official Exercise 2000; cyberterrorism; and
research and development efforts of new technologies.24
20 First Report, Chapter IV, Conclusions and Recommendations, section on Congressional Responsibilities,
p. 57.
21 H.R. 4210 passed on voice vote under suspension of the rules of the U.S. House Representatives on July
25, 2000. The bill was transmitted to the Senate and referred to the Committee on Environment and Public
Works, where no further action has been scheduled.
22 Contained in the U.S. Senate version of the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act for Fiscal Year 2001 (H.R. 4690). The provision was not
contained in the version that emerged from the conference between the House and Senate. H. Rept. 106
1005. That version, which has now passed both houses, is awaiting Presidential signature or a threatened
veto for other reasons.
23 The GAO combating terrorism reports may be accessed at: http://www.gao.gov
24 Section 1035, National Defense Authorization Act for Fiscal Year 2001 (NDAA FY01)(H.R. 4205, Pub.
L. 106398). See discussion in Conference Report to accompany NDAA FY01, p. 849.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
The Congress continues to direct the creation and funding of specific programs with little
coordination among the various committees. Some programs are funded with little
apparent consideration for the impact of those decisions on a comprehensive national
effort.
Moreover, appropriations committees, through their various agency appropriations bills,
occasionally create and fund programs that were not subject to the normal authorization
processes. The result of such action is often lack of detail and clarity in the structure and
execution of programs, as well as a lack of continuity and sustainability, as most such
programs are only funded year by year. Examples of major programs created and funded
in appropriations bills, which have no parallel authorizing language, include most of the
programs for combating terrorism administered by the Office of State and Local
Domestic Preparedness Support in the Department of Justice: equipment grant programs
totaling $75 million; and training programs, including grants to the national training
consortium25 and the Center for Domestic Preparedness totaling $37 million; and
earmarks to two institutes totaling $30 million.26
The Congress may, however, be foundering on the issue in large measure because of the
absence of a comprehensive "national strategy" for combating terrorism. We do not
suggest that Congress has or should have the responsibility for creating such a national
strategy. That is, in our view, clearly the responsibility of the Executive Branch.
Special Committee for Combating Terrorism
We recommend the establishment of a Special Committee for Combating
Terrorism-either a joint committee between the Houses or separate committees in
each House27-to address authority and funding, and to provide Congressional
oversight, for Federal programs and authority for combating terrorism.
We do not make this proposal lightly, and do so with the full recognition that such
change may be difficult but is no less meritorious.
Committee Functions and Structure
The joint or separate committee of each House should consist of bipartisan representation
from Members of all relevant authorization, oversight, budget, and appropriations
committees and subcommittees that currently have cognizance over Federal programs
and activities to combat terrorism. It should have a full-time staff either detailed from
25 New Mexico Institute of Mining and Technology; Texas A&M; Nevada Test Site (NTS); and Louisiana
State University.
26 For FY 2000 programs. Funds for FY 2001 programs will likely be higher.
27 Similar to the processes of permanent select committees on intelligence-the Senate Select Committee
on Intelligence and the House Permanent Select Committee on Intelligence.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
those relevant committees and subcommittees or new employees who have the requisite
experience and expertise.28
The joint or separate panel should perform several critical functions. First, it would
constitute a forum for reviewing all aspects of a national strategy and supporting
implementation plans for combating terrorism, developed and submitted by the National
Office for Combating Terrorism. As part of that process, the joint or each separate
committee should develop a consolidated legislative plan, including authorizing language
and corresponding budget and appropriations "benchmarks" in response to the national
strategy to combat terrorism and accompanying program and budget proposals.
Second, it would serve as the "clearinghouse" for all legislative proposals for combating
terrorism. For separate bills (unrelated to the omnibus package related to the strategy),
the committee should have first referral of such legislation, prior to the referral to the
appropriate standing committee.
Such a structure, with the direct testimony from Executive Branch representatives, State
and local officials, private industry, and terrorism experts, could help to eliminate
duplication in programs and funding, and to promote an effective national program.
28 The "relevant committees and subcommittees" would include as a minimum:
Agriculture Committee (House and Senate)
Appropriations Committee (House and Senate)
Subcommittee on Commerce, Justice, State, and the Judiciary
Subcommittee on Defense
Subcommittee on Transportation
Subcommittee on Treasury, Postal Service, and General Government
Subcommittee on Labor, Health and Human Services, and Education
Subcommittee on Foreign Operations
Subcommittee on Energy and Water Development
Subcommittee on Agriculture and Rural Development
Armed Services Committee (House and Senate)
Budget Committee (House and Senate)
Commerce Committee (House and Senate)
Energy And Natural Resources Committee (Senate)
Resources Committee (House)
Foreign Relations Committee (Senate)
International Relations Committee (House)
Governmental Affairs Committee (Senate)
Government Reform Committee (House)
Health, Education, Labor, and Pensions Committee (Senate)
Science Committee (House)
Judiciary Committee (House and Senate)
Transportation and Infrastructure Committee (House)
Ways and Means Committee (House)
Senate Select Committee on Intelligence
House Permanent Select Committee on Intelligence
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
Chapter Three
Improving Functional Capabilities
In Chapter Two, we addressed improving coordination within the Executive Branch and
the Congress. We now turn to improving selected functional capabilities. Our focus, in
keeping with our Congressional mandate, continues to be on the needs of local and State
response entities. We assess how well the Federal government is doing in those areas and
recommend specific priorities for focus and allocation of resources.
Building on existing emergency and disaster response capabilities, structures, and
systems is the foundation of our approach. The nation has developed a reasonably
effective system for responses to natural disasters, naturally occurring disease outbreaks,
accidents, and for most criminal acts. It is not necessary, in our view, to create a
completely separate set of capabilities for combating terrorism. Moreover, we based our
recommendations on the premise that pursuing capabilities that have at least dual-purpose
applications is the better approach.
The National Office for Combating Terrorism, described in Chapter Two, will play the
key role in planning and synchronizing these initiatives.
COLLECTING INTELLIGENCE, ASSESSING THREATS, AND SHARING INFORMATION
From the inception of our deliberations, we have said that "more can and must be done to
provide timely information-up, down, and laterally, at all levels of government-to
those who need the information to provide effective deterrence, interdiction, protection,
or response to potential threats."29
The potential connection between terrorism originating outside the United States and
terrorist acts perpetrated inside the United States, means that "foreign" terrorism and
"domestic" terrorism may not be easily distinguished. The need for lawful, timely
collection and analysis of intelligence on foreign terrorist plots, outside or inside our
borders, is accordingly one of the most critical functional capabilities needed by this
nation. Moreover, any improvement in our ability to detect terrorist activity will provide
added capability in detecting similar activities by adversarial nation-states.
29 First Report, p. 57.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
Based on classified briefings as well as "open-source" information, it is clear that the
U.S. Intelligence Community's foreign intelligence collection and analysis against
terrorism has been excellent. There is, however, room for improvement.
Improve Human Intelligence (HUMINT)
Recent events worldwide emphasize the need for the best possible intelligence.
Moreover, reliance on sophisticated "National Technical Means" or other high-
technology systems is not always sufficient to provide the necessary and timely
"indication and warning" to forestall or to defend against a terrorist attack.
Certain procedures, well intentioned when implemented, are now hampering the nation's
ability to collect the most useful intelligence. For that reason, we agree with the
conclusion of a parallel commission-the National Commission on Terrorism30-and
recommend the rescission of that portion of the 1995 guidelines, promulgated by the
Director of Central Intelligence, which prohibits the engagement of certain foreign
intelligence informants who may have previously been involved in human rights
violations. We should return to the restrictions in place prior to the 1995 guidelines,
which afforded sufficient protections, oversight, and an approval mechanism that will
prevent abuse.
Improve Measurement and Signature Intelligence (MASINT)31
As the potential grows for terrorists to use more unconventional and sophisticated
weapons, especially with chemical or biological agents, our capability to detect such
agents assumes greater urgency and requires new technology to provide needed
capability.
To meet that challenge, we recommend an expansion and improvement in research,
development, test, and evaluation (RDT&E) of reliable sensors and rapid readout
capability, and the subsequent fielding of a new generation of MASINT technology
based on enhanced RDT&E efforts. Our goal for sensors and rapid readout technology
for chemical and biological agents should be no less than our current capability for
nuclear and radiological agents.
Review Statutory and Regulatory Authorities
The following observations and recommendations do not diminish those rights and
liberties but are intended to allow the nation to be more effective in combating terrorism
while fully protecting those rights and liberties.
30 Report of the National Commission on Terrorism, Countering the Changing Threat of International
Terrorism, p. 8.
31 This recommendation is directed to national technical means, not capabilities for response entities.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
We recommend a thorough review, by a panel of Department of Justice (DOJ) officials
and knowledgeable citizens outside the Federal government, of the terrorism portion of
the Attorney General's "Domestic Guidelines." We examined the guidelines, which
establish conditions under which an FBI agent can open an inquiry into possible terrorist
activity inside the United States. The guidelines appear to us to be adequate in scope but
have been rendered confusing and ambiguous by successive redrafting over the years,
leading to misunderstanding and uneven application among law enforcement agents. We
do not suggest that the guidelines be rescinded or that the underlying requirement for
them is not sound. We recommend that the panel review the domestic guidelines for
clarity, in the interests of strengthening them, while providing for the protection of
civil rights and liberties. We also recommend that the guidelines provide examples of
permissible and impermissible activity as further information for agents' decisions.
The Foreign Intelligence Surveillance Act (FISA) governs domestic national security
investigations.32 The procedures of the Office of Intelligence Policy and Review (OIPR)
in the Department of Justice, required to present a matter to the special Foreign
Intelligence Surveillance Court established under FISA, require far more justification
than the Act does. We recommend that the Attorney General direct OIPR to modify
its procedures to conform to the FISA statutory requirements.
Moreover, controls inside our borders that can hamper efforts of potential terrorists-be
they foreign or domestic-by denying them their "tools of the trade," can be established
or strengthened without additional authority. We recommend that the Department of
Justice, in consultation with appropriate committees of the Congress as well as
knowledgeable members of the scientific, health, and medical communities, and
State and local government, continually review existing statutory authorities and
regulations. The purpose would be to propose specific prohibitions, or at least
mandatory reporting procedures, on the domestic sale and purchase of precursors
and special equipment that pose a direct, significant risk of being used to make and
deliver CBRN weapons or agents.33
Improve Forensics Capabilities to Identify Terrorist Unconventional Weapons
We have today effective forensic capabilities to detect and identify conventional
weapons, including high-explosive devices and associated mechanisms, as well as
sophisticated techniques for identifying perpetrators.34
Given the potential for terrorists to resort to chemical and biological weapons, developing
a comparable forensics capability for such weapons is a clear priority. We recommend
that the National Office for Combating Terrorism foster research and development
in forensics technology and analysis. Those steps will involve either the development
32 50 U.S. Code, Sections 18011863.
33 An identification of such precursors and equipment should be made in an Executive Order or regulations,
coordinated with all relevant Federal health and law enforcement agencies.
34 The FBI's internal laboratory and others available to it collectively are, without question, the best in the
world.
21
Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
of a new program in a specific agency, or the consolidation of several existing programs.
We also recommend that the National Office implement an Indications and
Warning System for the rapid dissemination of information developed by enhanced
forensics.
These efforts should include Federal assistance to State and local forensics capabilities.
Some terrorist threats or actual attacks may initially appear to be some other form of
criminal conduct, and Federal involvement may not be implicated. Enhancements at
State and local agencies will not only facilitate early identification, but will also support
subsequent criminal investigations.
If terrorists know that the nation has the capability to detect and identify devices and
perpetrators-so that the "return address" can be determined-deterrence is enhanced
accordingly.
Expand Information Sharing and Improve Threat Assessments
Several agencies have made strides in enhancing information sharing. Notable examples
include efforts by the FBI to implement fully its Joint Terrorism Task Force (JTTF)
program and to provide information on combating terrorism to response entities through
its web-based system, Law Enforcement Online ("LEO").
An even more comprehensive dissemination system must be developed to provide
information through expanded law enforcement channels, and through regional FEMA
offices into State emergency management channels, for further dissemination to local
response entities. As part of that process, the National Office should promote a
system for providing some form of security clearance to selected State and Local
officials nationwide, and methods for disseminating classified information to those
officials in near real time. One product of that process will be timely threat
assessments, in which the FBI must be an integral part. The FBI has undergone a
reorganization that consolidated several related entities into a new Counterterrorism
Division, with an Assistant Director at its head. That division needs more internal
analytic capability. We recommend that the FBI consider implementing a "Reports
Officer" or similar system, analogous to the process used by the Central Intelligence
Agency, for tracking and analyzing terrorism indicators and warnings.
To promote the broadest dissemination of information to the largest audience of response
entities, we recommend that the National Office for Combating Terrorism foster the
development of a protected, Internet-based, single-source web page system, linking
appropriate combating terrorism information and databases across all applicable
functional disciplines. The FBI's LEO system is one example of many single-function
capabilities that should be part of an integrated system. The Department of Defense is
also developing related capabilities that would be valuable components of such a system.
The system will entail a multi-agency intergovernmental and private sector cooperative
arrangement.
22
Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
PLANNING, COORDINATING, AND OPERATING COOPERATIVELY
For all of the advantages of our "federal" system of government, coordination among its
levels for major undertakings presents challenges beyond those inherent in the
undertaking itself.35
Prior to an attack, the Federal government must provide national leadership, guidance,
and assistance to response entities at all levels. Federal entities can facilitate nationwide
preparedness by helping to develop national standards for training, exercising, and
equipment programs. The Federal role is preeminent, perhaps exclusive, in the areas of
research, development, test, and evaluation. Moreover, the Federal government must
have the lead in collecting and analyzing intelligence and in fostering sharing intelligence
and information.
When a terrorist attack occurs, the Federal role for criminal investigation and prosecution
is already very specific. The FBI has responsibility for investigations of terrorist threats
and attacks. The U.S. Department of Justice then has responsibility for prosecution under
various Federal criminal statutes on terrorism. Terrorist threats or attacks may also be
violations of State or local law, so jurisdiction over investigations and prosecutions can
be concurrent. State and local officials recognize that the FBI and DOJ have paramount
though not exclusive jurisdiction in both terrorism investigation and prosecution.
Otherwise, the Federal role in a response to an actual attack should be to assist when
requested and to meet response requirements that exceed local and State capabilities.
Response to an attack must be layered and sequential: Local entities will respond first,
supplemented as necessary by State capabilities. When local capabilities are exceeded,
the response shifts to the State (perhaps multi-state) level. The Federal response should
come only after local and State capabilities are exceeded. The Federal response should
not be a major one-with the Federal entities "in the lead" for operations-except in the
most extreme situation. For such cases, detailed planning and close coordination will
lessen the prospect for overreaction that could infringe civil liberties. Moreover, relying
on assets at the Federal level that are many hours-perhaps days-from deployment in an
actual response is problematic.
We recommend that the senior emergency management entity in each State function
as the prime Focal Point for that State for domestic preparedness for terrorism.
The focal point should solicit input and representation from local jurisdictions and
agencies. The State emergency management entity should oversee the lines of
communications between the Federal government and local response entities. State
entities are more likely to have the total picture of preparedness and requirements
throughout the State and can better establish priorities for the allocation of resources and
for other requirements. This arrangement will reduce potentially counterproductive
direct communication between the Federal government and local jurisdictions.
35 For comparison purposes, support staff conducted a case study of the way the nation of Israel is
organized for and coordinates responses to terrorism. That case study is set forth in Appendix F.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
Improve Collective Planning Among Federal, State, and Local Entities
Many Federal entities plan for a variety of emergency responses, including terrorism.
The Federal Response Plan (FRP)36 is intended to be the single source for "all-hazards"
responses but does not necessarily contain all plans for terrorism. The bifurcation
between "crisis" and "consequence" management further complicates the problem.37
State and local entities find it difficult to keep track of all the plans, and are often not
consulted in the plan development process.
We recommend that the Federal Response Plan (FRP) be the single source Federal
document for "all-hazards" response planning.38 All applicable Federal
departments and agencies should include their plans to respond to terrorist attacks
as annexes to the FRP, in accordance with a specific FRP template. The FRP and
the relevant Federal agency plans should include input from State and local entities.
For clarity, we recommend renaming the FRP the "Federal Support Plan."
Several States have developed excellent plans and processes for combating terrorism.39
Any of these would serve as a useful model for other States. Because States may have to
assist each other in response to a terrorist attack, coordination would obviously be
enhanced if State plans followed a standard format. We recommend that the National
Emergency Management Association, in conjunction with the Federal Emergency
Management Agency, develop a "model" State plan, flexible enough to fit any
State's specific circumstances, but with certain standard features.40 In this regard,
the National Office for Combating Terrorism should play a lead role.
Enhance Coordination of Programs and Activities
The complexities of the Federal structure for combating terrorism create daunting
challenges for a State entity, e.g., to know whom to call at the Federal level for
36 The Federal Response Plan (FRP) "establishes a process and structure for the systematic, coordinated,
and effective delivery of Federal assistance to address the consequences of any major disaster or emergency
declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42
U.S.C. 5121, et seq.)." FRP, Chapter 1, Introduction. Our recommendation would expand its scope to
include responses to terrorism under the Stafford Act and other Federal authority.
37 For example, the FBI's "U.S. Government Interagency Domestic Terrorism Contingency Plan "
(CONPLAN) is not designed to be part of the FRP. The FBI is in the final stages of publishing the
CONPLAN, its operational plan for "crisis management," separate from the FRP, despite the fact that it
says that it was "developed consistent with . . . the Federal Response Plan and its Terrorism Incident
Annex," among other documents and directives. CONPLAN, p. iii. It should be included as a part of a
total plan. And see "States' Recommendations," Nos. 7, 11, and 19, Appendix J.
38 We considered recommending that the National Office promulgate a "Federal Terrorism Response Plan"
for Combating Terrorism. We did not favorably consider that approach for two reasons: (1) The response
plan should be operationally oriented, and the National Office for Combating Terrorism is not an
operational entity; and (2) A fundamental principle in our approach is building on existing emergency
response systems. Creating an entirely separate plan for response to terrorism could result in
ineffectiveness and potentially conflicting plans. By the same token, the FRP should not be a strategic
policy document, and the National Office should therefore, formulate policy for combating terrorism.
39 California, Iowa, New Hampshire, and New Mexico, to mention a few.
40 See "States' Recommendations," No. 15, Appendix J.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
assistance. The National Office should foster clear lines of coordination must be
established, vertically and horizontally across disciplines, and promote "best practices" to
eliminate unnecessary redundancies. Creating the National Office for Combating
Terrorism and designating State emergency management entities as the "focal point" for
State and local coordination will help. Each Federal agency should also designate a
"single point of contact" for State and local entities to obtain assistance from that Federal
agency.41
While well intended, the Federal government has in some cases created new programs to
assist State and local response entities, such as training and exercises, without a full
understanding of similar programs that already exist and that could be leveraged more
effectively with resources already available.42 We recommend that the National Office
for Combating Terrorism conduct inventories of State and local programs for
capabilities that can be utilized in a national context, especially training and exercise
programs.43
We recommend that the National Office for Combating Terrorism promote multi-
jurisdictional mutual assistance compacts, using the FBI Joint Terrorism Task
Forces as one model, and facilitate the implementation of interstate mutual
assistance compacts among states, through FEMA Regional Offices.44 Such
compacts should encompass Federal, State, and local public health entities in all aspects
of planning, coordination, and operations, especially for multi-jurisdictional and multi-
state operations.
A terrorist attack may require a response lasting days, and possibly weeks. Many local
entities have some capability for "shift changes" to allow personnel to rest and return to
work, but that capability is likely to be taxed quickly. As a result, we recommend more
intense tactical and operational planning to facilitate "second wave" capabilities
from outside entities after the depletion of local resources.
In our first report, we cited the multi-jurisdictional organizational structure that exists in
the Los Angeles metropolitan area, called the "LA Operational Area." More than 80
municipal and county jurisdictions participate in the LA Operational Area Terrorism
Working Group (TWG) and a related structure, the Terrorism Early Warning Group
(TEWG). Our support staff has conducted a case study of the LA Operational area to
provide "lessons learned."45 We recommend that States utilize one of the
standardized multi-state compacts, either the Emergency Management Assistance
Compact or the States Compact.46
41 In keeping with our earlier reasoning and recommendations, local jurisdictions are encouraged to
coordinate assistance from Federal agencies through the designated State agency.
42 See "States' Recommendations," No. 7, Appendix J.
43 See further discussions on training and exercise programs below.
44 See "States' Recommendations," Nos. 11 and 30, Appendix J.
45 That case study is included in Appendix G.
46 The Emergency Management Assistance Compact (EMAC) is an interstate mutual aid agreement that
provides a mechanism for States to assist each other in response to natural or man-made disasters. EMAC
is administered by the National Emergency Management Association (NEMA) and is recognized by the
25
Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
Improve Operational Command and Control of Domestic Responses
In response to an attack, lines of authority and responsibilities among the entities
involved must be clear. The responder community has made progress in establishing
command structures for response, but more is needed.
We recommend that the National Office for Combating Terrorism identify and
promote a standardized Incident Command System (ICS) model for tactical
operations for response to terrorist incidents that is part of an all-hazards approach.
The model should capture the best elements and "best practices" of the ICS already in
place in a number of jurisdictions but should always have two essential characteristics:
flexibility for adaptation to local circumstances and a configuration that includes State
and Federal liaison functions. As we noted in Chapter One, every local jurisdiction
(either individually or as part of a multi-jurisdictional agreement) should adopt a standard
ICS, and all levels of government above the local level should recognize that system.47
The terms "Incident Command System" and "Unified Command System" are often used
synonymously. We distinguish the two terms and recommend the identification and
promotion, by the National Office for Combating Terrorism, of a standardized
Unified Command System (UCS) model for operations and multi-agency, multi-
jurisdictional coordination above the tactical operations level. The UCS that we
envision would be required when Federal resources are involved in more than an
advisory or liaison capacity and when significant State assets are brought to bear.
When significant Federal resources are employed that involve two or more Federal
agencies, we recommend a single Federal Emergency Operations Center (EOC) be
established as part of the UCS.48 We recognize that certain Federal agencies will need
to conduct operations that cannot be open to all response entities. A standardized UCS
can be designed with flexibility for "compartmented" operations within the EOC to
protect classified or law enforcement sensitive information. The Federal EOC should
include the FBI, FEMA, and any other Federal agency that has a significant role,
geographically co-located to the extent feasible. Ideally, the State EOC should be located
in geographical proximity to the Federal EOC.
The ultimate goal for the implementation of ICS and UCS, and the co-location of EOCs,
is to delineate clear lines of authority for the conduct of operations at tactical and higher
levels and to provide maximum coordination. To enhance that process, we recommend
that each jurisdiction with an ICS and UCS develop operational templates to
Congress (Pub. L. 104312). According to NEMA, 34 states and Puerto Rico have adopted EMAC. The
"States Compact" refers to the Interstate Civil Defense and Disaster Compact, promulgated by the "Federal
Civil Defense Act of 1950," Jan. 12, 1951, ch. 1228, 64 Stat. 1245 (Title 50 App., Sec. 2251 et seq.), and
carried forward into the Stafford Act, 42 U.S. Code, Section 5196(h). We also append to this report the
framework of the New England Multi-State Compact, as an additional model for consideration.
Appendix I.
47 See "States' Recommendations," Nos. 7 and 8, Appendix J.
48 This concept was used during TOPOFF 2000 and worked reasonably well.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
provide for alignment of decision-making structures based on the weapon, means of
delivery, and severity of the attack.49
Use of U.S. Armed Forces for Response to a Terrorist Attack
Inside the Borders of the United States50
They that can give up essential liberty to obtain a little temporary safety
deserve neither liberty nor safety. Benjamin Franklin, 1759.
The civil rights and liberties of Americans must be paramount in all of the nation's
efforts to combat terrorism. That fundamental precept is critical in any contemplation of
the use of U.S. Armed Forces domestically; most traditional military operations are not
planned with such considerations in mind, and most military personnel are not trained to
deal with such issues.
A major attack by terrorists using unconventional weapons resulting in casualties in the
tens of thousands is far less likely than a smaller-scale attack. Such an attack is,
however, possible and must not be ignored. In such an extraordinary and catastrophic
circumstance, the President may feel compelled, as a result of urgent requests from one or
more Governors following the exhaustion of local and State capabilities, to resort to the
use of military assets. In any such case, use of our armed forces must be made with the
expressed condition that the military will always be strictly under civilian control.
Clear Constitutional and statutory authority exists for using the U.S. Armed Forces in a
support role to provide significant assistance to civilian agencies.51 The American people
49 See "States' Recommendations," Nos. 8, 15, and 26, Appendix J.
50 Advisory Panel Member L. Paul Bremer provided the following dissent:
"This section of the report contains much with which I agree. In almost all foreseeable circumstances,
a Federal civilian agency should be the `Lead Federal Agency' in responding to catastrophic terrorist
attacks in the U.S. More must be done to improve those agencies' capabilities and the ability of the U.S.
military to act in support of the `Lead Federal Agency.' The U.S. military must always be under civilian
leadership. And respect for civil liberties should be a primary goal of the Federal response to a terrorist
incident.
"The question is how best to deal with the remote, but nonetheless imaginable, circumstance that a
terrorist attack causes so much damage that it outruns the existing capabilities of Federal, State and local
civilian entities. It is possible in such circumstances that the President may want to consider identifying, on
an exceptional and temporary basis, the Department of Defense (DoD) as the `Lead Federal Agency' under
civilian leadership.
"Inserting DoD into such a role without preparation could have potentially serious implications for the
protection of Americans' civil liberties. Effective crisis management depends on anticipating and planning
for even the worst-case scenario and requires training and regular exercises to allow responders to practice
and understand their appropriate roles.
"At present, the Federal government has no plans for DoD to be the `Lead Federal Agency' under any
circumstances, so that role is never exercised. This increases the possibility that, if called on by the
President to be the `Lead Federal Agency,' DoD will not be sensitive to protecting civil liberties.
"These vital liberties are more likely to be respected if our government `thinks about the unthinkable'
ahead of time and is not forced to deal with these crucial issues for the first time in the emotional wake of a
national trauma. That is why I believe that the Federal government should plan for and exercise the
possibility that the President may want to designate DoD as `Lead Federal Agency' in such circumstances."
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
must be assured that civilian leaders will always direct and oversee the employment of
military capability and will limit it to restoration of order, mitigation of consequences,
and apprehension or interdiction of the perpetrators. Whether for "crisis management" or
for "consequence management," military activities must, therefore, always be in support
of the "Lead Federal Agency," as designated by the President.52 In almost any
conceivable scenario, the Lead Federal Agency will be either the Department of Justice
(DOJ)(the lead for "crisis" management) or the Federal Emergency Management Agency
(FEMA)(the lead for "consequence" management). No component of the U.S. Armed
Forces should ever be the lead agency.
We recommend that the President always designate a Federal civilian agency other
than the Department of Defense (DoD) as the Lead Federal Agency. Many
Americans will not draw the technical distinction between the Department of Defense-
the civilian entity-and the U.S. Armed Forces-the military entity. Although the
Department of Defense and every major component of that department have civilian
leaders, the perception will likely be that "the military" is in the lead. This
recommendation does not ignore the fact that the DoD, through all of its various
agencies-not just the Armed Forces-has enormous resources and significant
capabilities for command, control, communications, intelligence, logistics, engineer, and
medical support and may play a major role in response to a terrorist attack, especially one
with potentially catastrophic consequences. Those resources can still be brought to bear
but should always be subordinated to another civilian agency.
Our national civilians leader must ensure that plans for any use of the U.S. Armed Forces
in a domestic terrorism context are thoughtfully developed and include a comprehensive
description of the relationships with all levels of government. Military leaders at all
levels must clearly understand those plans. Sufficient training and exercises must be
conducted prior to the application of military capabilities in response to a domestic
attack. This is especially important for the most catastrophic attack and in the event that
the military provides significant support to a Federal civilian lead agency. In that case,
the best way to ensure protection of our civil rights and liberties is not by reacting after
the incident has occurred, but through comprehensive advance planning, rigorous
training, and realistic exercises.53
In the event of a concerted effort by our adversaries both internationally and
domestically, our armed forces will be committed elsewhere and not available at home.
The more the nation enhances preparedness and capabilities to respond to terrorist acts
with civilian assets-especially local and State response entities-the less likely the
necessity to employ military assets in any situation.
51 A full discussion of the various Constitutional and legal authorities is contained in Appendix R to the
report.
52 See page 13, above, for definitions of "Lead Federal Agency" and "Lead Agency."
53 We are not yet satis fied that the requisite plans are in place to employ the military in a "crisis" response.
We will delve into that issue in detail and provide our conclusions and recommendations in our third report.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
TRAINING, EQUIPPING, AND EXERCISING
One of our fundamental assumptions has been that no single jurisdiction can handle a
major terrorist attack. That assumption reinforces the importance of mutual assistance
agreements and highlights the necessity for directly applicable training, equipment, and
exercises. Proponents of such programs must coordinate with the intended recipients and
meet national standards.
In Chapter Two, as part of the recommendation for the creation of the National Office for
Combating Terrorism, we proposed that an Assistant Director of that office oversee
Domestic Preparedness Programs, especially those designed to provide training, exercise,
and equipment assistance to State and local entities. That Assistant Director should rely
on the "Advisory Board for Domestic Programs"54 for input to the national strategy and
for continuing advice on training, exercises, and equipment programs.
Training
With respect to training, one of the first tasks for that Assistant Director will be to design
a national training plan to address, at a minimum, the following fundamental questions:
n Training to do what?
n To what standards?
n Who is to provide the training and to whom?
n What is the goal of such training?
n How is the necessary level of training maintained?
The training directed in the Nunn-Lugar-Domenici (NLD) Act-the so-called "120
Cities" training-has been valuable but could have been even more effective. It was
implemented with little input from the proposed training recipients. Many cities that
received NLD training did not necessarily require the training provided. Additionally,
planners assumed that the 120 most populous cities in the country all needed the same
level and type of training as all others. That determination left some states completely
out of the training plan. Moreover, the program initially targeted specific municipalities.
In the early stages, recipient municipalities were not allowed to include representatives of
surrounding communities, even though mutual assistance agreements among jurisdictions
had predated the commencement of the training. Some of those problems were resolved
as the program matured. One important lesson here is that future training programs must
be responsive to the needs identified by those to be trained.
Another lesson further reinforces the need for a comprehensive national strategy, one that
establishes goals and sets priorities across a broad array of functions. In the absence of
an overarching Executive Branch plan, the Congress directed the Department of Defense
to conduct the "120 Cities" training," a task from which senior leaders in the Pentagon
sought relief.
54 Recommended in Chapter Two.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
A Presidential directive of May 2000 transferred the responsibility for most of the NLD
training (the "Domestic Preparedness Program") to the Department of Justice. Funding
for the program did not follow the transfer, however, and DOJ had not budgeted for it.
Despite attempts to obtain funding for DOJ to complete most of the balance of the
training,55 as of this writing, the FY 2001 funding for DOJ has not been enacted.56
To compound matters, the DoD entity that conducted the NLD Domestic Preparedness
Program-the U.S. Army Soldier and Biological Chemical Command-had established a
"24-Hour Hotline" and a "First Responders Chemical-Biological Helpline." As of
October 31, those services have been terminated.57 Many response entities had used
those services and had included that capability in their response plans. This is one more
example of the direct impact on first responders of disorganization at the Federal level.
State and local entities have developed protocols and response doctrine based on DoD
Domestic Preparedness Program guidance and education programs. Eliminating this
service creates a void in rapid access to essential information for emergency service
entities and will require numerous changes to plans nationwide.
In the fire services and emergency medical services disciplines, the vast majority of the
personnel involved-especially those in rural areas-are volunteers. The same holds true
for reserve law enforcement personnel, who will undoubtedly assist in the response to
any major terrorist attack. Many training programs for local responders follow a
"Monday through Friday, 9-to-5" schedule. That time constraint may prevent many
volunteer responders from participating in important training. We recommend
restructuring education and training opportunities to account for the high number
of volunteer personnel in these "first responder" disciplines. Distance learning
applications would be very useful in this regard.
Exercising
Similar coordination and standardization problems exist with exercise programs. Many
Federal entities58 conduct or facilitate various exercises and offer State and local response
entities opportunities to participate. Most agencies develop their own scenarios for such
exercises, and in many cases, they are of the "worst case," mass-casualty variety. We
recommend that the Assistant Director for Domestic Programs in the National
Office for Combating Terrorism develop exercise scenarios that are realistic and
55 DoD will continue to have responsibility for certain courses but not the full program.
56 Neither the DoD nor DOJ had included funds for the completion of the program in its FY 2001 budget
submission. Disagreements between the Senate and the House were only resolved in the final compromise
of conferees on the Commerce, Justice, State Appropriations Act (CJS), which provides almost $21 million
"for the NLD Domestic Preparedness Program authorized under the National Defense Authorization Act,
1997, and previously funded by the Department of Defense, to provide training and other assistance to the
120 largest U.S. cities." CJS, Conference Report to accompany H.R 4942. For a complete breakdown of
DOJ funding for combating terrorism, see Appendix N.
57 See the notice at http://dp.sbccom.army.mil/fr/dp_technical.html.
58 Including numerous agencies in the Department of Defense, the Federal Emergency Management
Agency, the Department of Energy, the Environmental Protection Agency, the Centers for Disease Control
and Prevention, and the Department of Justice.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
meet the needs of the State and local response entities. Exercises should be a logical
extension of realistic training to aid in identifying weaknesses for which additional
training may be indicated. Training and exercises should also include as scenarios the
more likely, but less catastrophic, smaller scale CBRN attacks, and exercises must
include all disciplines and all levels of response.
Members of the Advisory Panel observed significant portions of the national exercise
called "Top Officials 2000,"59 and based on those observations, we recommend that all
major exercises include an independent evaluation.
Equipping
We support the decision to provide Department of Justice grants to States and localities
based on equipment requirements identified at the State level. Prior to that change, DOJ
provided grants directly to cities, a procedure with two disadvantages. First, it gave cities
with greater expertise and capability for writing grant applications a significant
advantage, and second, it did not take into consideration possible statewide deficiencies.
No standard should require any jurisdiction to possess specific types and numbers of
equipment-sensors, personal protection equipment, communications, etc. With the
growth of multi-jurisdictional mutual assistance compacts, and State-level oversight of
sub-state jurisdictions, programs should provide maximum flexibility for State and local
jurisdictions to address deficiencies.
Federal programs to assist State and local entities must have three core elements. First,
programs should be based on the "best practices" of programs at any level of
government. Second, plans must contain a requirement for evaluation, including
feedback from the "end user" that will support certification of Federally supported
programs by the National Office for Combating Terrorism. Finally, plans must identify
deficiencies and proposals to correct them.
In April of this year, the Department of Justice Office for State and Local Domestic
Preparedness Support (OSLDPS) published and distributed to the States an "Assessment
and Strategy Development Tool Kit," in connection with the Fiscal Year 1999 State
Domestic Preparedness Program. That document makes the "[r]eceipt of additional
[Federal] funds under the [equipment] program60 . . . contingent on the State's
development of two separate, but related, documents . . . A State-wide Needs
Assessment, and. . . a Three-Year Statewide [sic] Domestic Preparedness Strategy."
Such tools as this, which provide for States to articulate their needs in accordance with a
standard set of criteria, will be valuable in designing and implementing training, exercise,
and equipment programs.
59 A more thorough discussion of the observations is contained in Appendix L.
60 FY 1999, FY 2000, and presumably "out-year" program funds.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
IMPROVING HEALTH AND MEDICAL CAPABILITIES
Complete coordination among public health officials, public and private hospitals, pre-
hospital emergency medical service (EMS) entities, law enforcement, fire services, and
the emergency management communities is lacking. While coordination in some States
and localities has improved dramatically, in others coordination is either nonexistent or in
its infancy. State and local efforts to improve those relationships should continue.
Debate continues about how prepared the nation is to deal, from a medical and health
standpoint, with a terrorist attack involving CBRN devices. In some medical institutions,
especially those well funded in major metropolitan areas, there is significant capability to
deal with disease outbreaks. That capability is not, however, consistent nationwide. The
level of expertise in recognizing and dealing with a terrorist attack involving a chemical
or biological agent is even more problematic.
Fundamental to our consideration is the premise that the nation must have a robust public
health system. But that system, and additional resources required to improve it, should
follow the multi-purpose approach that we have previously stressed. Combating
terrorism is a compelling reason for such efforts but should not be the exclusive impetus.
Strengthening the public health infrastructure to deal with accidental chemical injuries,
emerging infectious diseases, and a pandemic outbreak of any kind should be the
fundamental goal. Such efforts will expand the capability for decontamination, mass
trauma cases, and other surge requirements to deal with terrorism mass casualty
incidents.
Dual- and multi-purpose applications must be the goal. The nation should not expend
vast additional resources only to a discrete issue, such as clinical research into biological
terrorism. Conversely, improvements in prevention and in treatment of "all hazards"
victims correspondingly enhance the capability to treat victims of terrorism and to
prevent the spread of terrorists' agents.
We do not intend that our recommendations involving public health and medical care
increase the burden on that system. Our goal is to include the elements of our
recommendations into existing processes and to urge financial support where it is needed.
As part of our work next year, we will examine health and medical issues in greater
detail.
We recommend that the Assistant Director for Health and Medical Programs seek
advice and input from Federal, State, and local public health officials, and from
representatives of public and private medical care providers, to ensure that such
issues are an important part of the national strategy.
Improve Education Programs
For hospitals, programs for domestic preparedness must include initial and continuing
education in essential disciplines for the public health and medical response to terrorist
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
attacks, especially for chemical and biological devices. Training recipients should
include emergency room doctors, nurses, and staff; other hospital personnel who may
interact with pre-hospital EMS care providers; disease specialists; and pathologists.
Medical examiners should also be included in this directed training. It will not be
necessary to create major separate training programs on terrorism; special terrorism
considerations can be imbedded in multi-purpose training in infectious diseases and for
hazardous materials injuries.
One way to ensure the implementation of such training is to include terrorism-related
subjects as part of professional licensing and certification processes, e.g., certification of
designated medical personnel by such entities as the American Board of Emergency
Medicine, the American Board of Internal Medicine, and the American Board of
Pathologists.
We recommend that the National Office for Combating Terrorism consult with
professional organizations, especially those with licensing or certification
requirements, to find acceptable methods to implement such programs, including
the prospect of providing Federal resources to support certified training programs.
Establish Standards and Protocols
Timely dissemination of accurate information on a terrorist attack is obviously crucial,
especially for an attack involving a chemical or biological device. Most States require
some mandatory reporting for diseases and for certain criminal conduct, but they are not
well coordinated and the criteria are inconsistent. Medical and health authorities
should establish critical information gathering and dissemination, especially for
CBRN attacks. They should simplify and standardize mandatory reporting. Several
major metropolitan areas, including New York City, Baltimore, and Los Angeles, have
developed communications systems that, along with the Centers for Disease Control and
Prevention (CDC) National Electronic Disease Surveillance System (NEDSS) and the
emerging CDC EPI-X system,61 can collectively serve as a national standard. Those
procedures should also include exacting protocols for surveillance, identification,
palliation, and follow-up.
Medical laboratories do not have consistent, nationally recognized standard protocols for
the collection, identification, and referral of terrorists' CBRN agents, which increases the
probability for incorrect identification and false positives. Medical and public health
authorities must establish rapid, reliable methods (such as DNA fingerprinting) to
determine whether an organism might be naturally occurring or the result of an
intentional act. Explicit and uniform laboratory protocols must be designed and
implemented at the Federal,62 State,63 and local64 levels to facilitate such determinations.
61 For descriptions of NEDSS and EPI-X, see Appendix H.
62 For example, CDC, U.S. Department of Agriculture, and U.S. Army Medical Research Institute of
Infectious Diseases (USAMRIID) laboratories.
63 State laboratories.
64 Hospital and reference laboratories.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
In any terrorist attack, some conflict will inevitably occur between the special
requirements of law enforcement and those of public health. The standard procedures
should set forth the essential protocols to be followed to accommodate these competing
interests, by providing for more complete sharing of information.
For almost every terrorist attack, pre-hospital emergency medical services (EMS) will be
one of the "first responders," perhaps before an event has been identified as terrorism.
EMS providers will need decisions early about where to transport victims, and what
additional precautions may be needed. Standard procedures must include explicit
decision-making protocols for medical, public health, and EMS providers.
In the same way that medical personnel should be held to certain standards for
certification, medical authorities must establish standards for hospital facilities that
include minimum capabilities in every hospital to treat victims of a terrorist attack.
An attainable near-term goal should be the requirement that each hospital have at least
one chemical decontamination facility; that requirement should be included as part of the
periodic certifications by such entities as the Joint Commission on Accreditation of
Healthcare Organizations and the National Commission on Quality Assurance.
The nexus between foreign terrorist threats and domestic vulnerabilities is particularly
noteworthy in the context of infectious diseases. The more that the U.S. health
community can be aware of infectious diseases anywhere in the world and from whatever
source, the more likely it can prevent or respond to the intentional introduction of a
disease domestically. CDC works with the World Health Organization (WHO) to
identify, track, and respond to infectious disease outbreaks of international significance.
The Department of Defense also contributes to what the WHO calls its "networks of
networks" throughout the global health community.65 Although not specifically designed
for combating terrorism, these efforts provide the U.S health community with a
foundation for heightened awareness of and response to biological terrorist threats.
Clarify Authorities and Procedures for Health and Medical Response
State public health entities have the primary role in the control of disease outbreaks,
including those intentionally inflicted. The Federal role is almost exclusively one of
support to States upon request.66 The corollary is that public health entities will have a
primary role in response to a terrorist attack with a biological agent.
Virtually all States have some statutory basis for undertaking extraordinary measures,
such as quarantine, in the event of a major attack. In several cases, however, the statutes
are ambiguous, because of the broad authority given to State public health officials to
take whatever steps necessary to respond to such an incident.
65 For more information, see Global Health: Framework for Infectious Disease Surveillance,
GAO/NSIAD00205R.
66 There is, however, authority for Federal quarantine in exceptional circumstances. See 42 U.S. Code,
Section 264 and related regulations, 42 CFR Chapter 1, Part 70.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
The National Office for Combating Terrorism should review existing Federal and State
authorities for mandatory or prescriptive activities, such as vaccinations, quarantine,
containment, and observation. As a result of that review, "model" legislation and
regulations should be promulgated for the consideration of the States. The National
Office for Combating Terrorism should also provide, as part of its information
"clearinghouse" function, reports that will ensure that Federal, State, and local response
entities have a mutual understanding of the authorities and procedures at all levels of
government.67
Improve Stockpiles
Adequate stockpiles of vaccines should be created and made accessible for rapid response
to a terrorist biological attack. Such stockpiles include 40 million doses of effective
smallpox vaccine68 and officials should make provisions for improved storage and
dissemination69 of these and other vaccines, including new ones as they are developed
and perfected. Much remains to be done to ensure effective distribution of vaccines,
including better coordination with State and local agencies, improving the technical
infrastructure for the actual distribution, developing technical protocols for mass
distribution, and informing the public about vaccines and other medication.
Evaluate and Test Response Capabilities
As part of a broader program for evaluating preparedness, medical entities such as
the Joint Commission on Accreditation of Healthcare Organizations should conduct
periodic assessments of medical facilities and capabilities. Evaluation criteria
should include a comprehensive, clear, coordinated, and testable response plan.
Given the fact that multiple hospitals and other treatment facilities may be involved in
treating the victims of a terrorist attack, such facilities should jointly develop hospital
networking processes (using, for example, a "lead hospital" concept, with other hospitals
in support).
Once established, medical facilities should test their plans, preferably annually, and
ideally through a multi-disciplinary exercise with all response disciplines-law
enforcement, fire services, pre-hospital emergency medical services, emergency
managers, medical care providers, and public health.
67 We have learned that a number of State and local public health agencies do not realize that there is
Federal quarantine authority in 42 U.S. Code, Section 264.
68 CDC recently contracted for the 40 million doses.
69 The recent TOPOFF exercise highlighted existing problems in the delivery and distribution of vaccines,
antidotes, and prophylaxes.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
PROMOTING BETTER RESEARCH AND DEVELOPMENT AND DEVELOPING NATIONAL
STANDARDS
The sophistication of CBRN weapons and the ambiguity of terrorists' motives and
capabilities highlight the need for better coordination in research, development, testing,
and evaluation (RDT&E). The costly nature of in-depth RDT&E and the need for rigid
protocols and consistency make it unlikely that individual States can undertake this task.
Federal agencies conduct or fund RDT&E that has some application in combating
terrorism-the Department of Justice; numerous entities in the Department of Defense;70
the Department of Health and Human Services, especially several entities of the Centers
for Disease Control and Prevention, the National Institutes of Health, and the Food and
Drug Administration; the Department of Energy, including most of the National
Laboratories; the Department of Agriculture; the Department of Transportation; the
Department of the Treasury; the Environmental Protection Agency; and major national
not-for-profit entities such as the National Academy of Sciences and the Institute of
Medicine. The Congress has also provided major RDT&E funding directly to
educational or other not-for-profit institutions, including the Dartmouth College Institute
for Security Technology Studies and the Oklahoma City National Memorial Institute for
the Prevention of Terrorism. In addition, private commercial and industrial sectors
conduct significant related research, some of it Federally funded.71
The Technical Support Working Group (TSWG), an interagency body with oversight
from the Department of State and program management and support from the Department
of Defense, is accomplishing significant technical work in research and development for
combating terrorism. Its "technical co-chairs" are the Department of Defense, the
Department of Energy, and the Federal Bureau of Investigation. It has members from
numerous Federal agencies. Its stated mission is to "Conduct the national interagency
research and development program for combating terrorism through rapid research,
development, and prototyping."72 It serves as an adjunct of the "Interagency Working
Group on Counterterrorism"73 under the NSC structure. It does not, however, conduct or
coordinate all R&D for combating terrorism, but only those projects that member
agencies choose to have it coordinate. The TSWG represents an important activity. We
recommend that the TSWG become an adjunct to the National Office for
Combating Terrorism in the same manner that it now serves in the NSC process
70 Including special programs in the Office of the Undersecretary of Defense for Acquisition, Technology
and Logistics; the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity
Conflict; the Defense Research and Engineering Directorate; Defense Advanced Research Projects Agency;
the Defense Threat Reduction Agency; the Joint Program Office for Biological Defense; the U.S. Army
Medical Research Institute for Infectious Diseases; the U.S. Army Medical Research Institute for Chemical
Defense; the U.S. Army Soldier and Biological Chemical Command; the U.S. Air Force; the U.S. Navy
Force Protection Division; and the U.S. Marine Corps.
71 It is not apparent that the OMB/NSC budget submission includes combating terrorism RDT&E funding
in all Federal agencies.
72 TSWG Mission Statement from www.tswg.net
73 Presumably the NSC Counter-Terrorism Security Group.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
and that it expand its coordination role for technical aspects of RDT&E for
combating terrorism.
There is, however, no comprehensive national plan-one that establishes clear priorities
and precludes unnecessary duplication-for RDT&E for combating terrorism. The
White House Office of Science and Technology Policy (OSTP) has spent many months
simply taking inventory of the various Federal RDT&E programs that have application
for combating terrorism.
Improve Plans for Research, Development,
Test and Evaluation for Combating Terrorism
The national strategy developed by the National Office for Combating Terrorism must
contain a clear set of priorities for RDT&E. The program and budget authority of that
office must be exerted to ensure effective application of Federal funds devoted to this
purpose.
The White House Office of Science & Technology Policy should play a major role in the
effort. We recommend that the Assistant Director for RDT&E and National
Standards of the National Office for Combating Terrorism either enter into a
formal relationship with OSTP or have appropriate members of the OSTP staff
detailed to the National Office for Combating Terrorism on a rotational basis.
Wide varieties of equipment that have potential application for combating terrorism74 are
available from commercial vendors. Nevertheless, many local responders have told us
that some equipment they purchased does not meet the specifications described by the
vendor. At present, no viable program is in place for testing and evaluating the
effectiveness of equipment for combating terrorism. We recommend that the Assistant
Director for RDT&E and National Standards develop equipment testing protocols
and continue to explore the prospect of financial support from vendors for
equipment live agent test and evaluation, leading to Federal certification.
We recommend that the Assistant Director for RDT&E and National Standards
develop, as part of the national strategy, a comprehensive plan for long-range
research for combating terrorism; this should include better coordination among the
National Laboratories. The focus of those efforts by National Laboratories should be
dual- or multi-purpose applications.
The National Office for Combating Terrorism should also integrate other indirect, yet
applicable, research and development projects into its information-dissemination process.
For example, the Deputy Directorate for Operations (Combating Terrorism) within the
Joint Staff provides executive seminars on its Best Practices Study for anti-terrorism and
force protection. This program also collects information on "commercial off the shelf"
resources and equipment to support its anti-terrorism mission. These studies and
74 According to the National Institute for Occupational Safety and Health, at least 2,000 different pieces of
respiratory equipment have potential use in chemical environments.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
resources may not directly relate to policy and standards for combating terrorism at the
State and local level but may well contribute to State and local preparedness.
The top priorities for targeted research should be responder personnel protective
equipment (PPE); medical surveillance, identification, and forensics; improved sensor
and rapid-readout capability; vaccines and antidotes; and communications
interoperability.
Develop National Standards for Equipment,
Training, and Laboratory Processes
One of our basic assumptions is that no single jurisdiction is likely to be capable of
responding to a major terrorist attack without outside assistance. That leads to the
inescapable conclusion that the development of national standards is a critical element of
any national plan. Firefighters or EMS technicians in the jurisdiction where an attack
takes place must not be concerned that responders from other jurisdictions, providing
"mutual assistance," will arrive with equipment of a different standard than local
responders, even at risk of becoming casualties themselves.
We recommend that the Assistant Director for RDT&E and National Standards in
the National Office for Combating Terrorism establish a national standards
program for combating terrorism, focusing on equipment, training,75 and
laboratory processes. The fundamental objectives for equipment standards will be
nationwide compatibility, and dual-/ multi-purpose applications. For training, they will
be interdisciplinary curricula, and training exercises based on realistic scenarios. For
laboratories, the focus should be clear, strict protocols for identification, forensics, and
reporting. The ultimate goal of the national standards program should be certification of
the specific equipment, training, or laboratory and a recapitulation of certifications in a
"Consumers Digest," for use by response entities nationwide.
We recommend that the National Institute for Standards and Technology (NIST)
and the National Institute for Occupational Safety and Health (NIOSH) be
designated as Federal "co-lead agencies" for the technical aspects of standards
development. The Executive Branch and the Congress should provide resources for the
development of national standards, and Congress should be presented with a detailed
budget request for that purpose at the earliest opportunity. In addition, the Interagency
Board for Equipment Standardization and InterOperability should be subordinated to the
National Office for Combating Terrorism.
The Federal co-lead agencies should develop certification standards in coordination with
appropriate Federal agencies and with advice from State and local response entities,
professional organizations that represent response disciplines, and private and quasi-
public certifying entities.
75 In this context, we intend "training" to include initial and continuing training and education, as well as
training exercises.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
ENHANCING EFFORTS TO COUNTER AGRICULTURAL TERRORISM
In our first report, we noted that terrorists could cause economic and social damage by
targeting a State or regional agricultural sector. There we said:
[A] concerted biological attack against an agricultural target offers
terrorists a virtually risk-free form of assault, which has a high
probability of success and which also has the prospect of obtaining
political objectives, such as undermining confidence in the ability of
government or giving the terrorists an improved bargaining position.
This may be especially true if the agricultural bioterrorism attack is
part of a carefully planned escalation . . . to attain the terrorists'
ultimate objectives . . . with minimal risk to the terrorists themselves.76
A successful attack on a sector of U.S. agriculture could cause economic destabilization
at home and disrupt overseas commerce, as well as create fear and panic. The U.S.
agricultural sector continues to be vulnerable to agroterrorism, given the vertical
integration of livestock breeding, transportation, and marketing, and the high degree of
genetic homogeneity and concentration found in the nation's main crop-growing regions.
In the coming year, the Advisory Panel will consider the adequacy of efforts to counter
such threats, through a continuing examination of programs of the various entities of the
U.S. Departments of Agriculture77 and of Health and Human Services78 for prevention,
preparedness, response, and recovery for agricultural bioterrorist attacks. That review
will include capabilities for surveillance and response for plant and animal diseases,
laboratory protocols and standards, and information sharing. The Advisory Panel will
consult with veterinarian and other professional organizations as part of that process.
76 First Report, pp. 1314.
77 Including the Animal and Plant Health Inspection Service, the Food Safety Inspection Service, and the
Agricultural Research Service.
78 For example, the Food and Drug Administration for food safety issues.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
PROVIDING CYBER SECURITY AGAINST TERRORISM
The cyber attacks incident to the current conflict in the Middle East emphasize the
potentially disastrous effects that such concentrated attacks can have on information and
other critical government and private sector electronic systems. In addition, several
Distributed Denial of Service attacks79 in early 2000 against high profile Web-based
businesses (e.g., Yahoo, Amazon, Ebay, and CNN) demonstrated the vulnerabilities of
the "e-commerce" infrastructure. Law enforcement responses to such attacks similarly
illustrate the great difficulty of quickly identifying the perpetrators.
In a terrorism context, cyber attacks inside the United States could have "mass
disruptive," if not "mass destructive" or "mass casualty" consequences. It is easy to
envision a coordinated attack by terrorists, using a conventional or small-scale chemical
device, with cyber attacks against law enforcement communications, emergency medical
facilities, and other systems critical to a response. Moreover, it is conceivable that
terrorists could mount a cyber attack against power or water facilities or industrial
plants-for example, a commercial chemical plant that produces a highly toxic
substance-to produce casualties in the hundreds or thousands. The most likely
perpetrators of cyber-attacks on critical infrastructures are terrorists and criminal groups
rather than nation-states. That view has led to an assumption that detection of such
attacks might fall to law enforcement agencies rather than to traditional national security
authorities or, more probably, to the private sector.
Beginning with the report of the President's Commission on Critical Infrastructure
Protection (PCCIP) in October of 1997, the Federal government has sought to mitigate
critical infrastructure vulnerabilities and potential disruptions to critical services.
Government officials recognized immediately that the vulnerabilities in cyber-dependent
critical infrastructures80-those deemed vital to the economic and national security of the
United States-require unprecedented collaboration with the private sector, because most
critical infrastructures are under private ownership. A crucial dimension is the extent to
which the defense establishment is becoming more dependent on private infrastructures.
79 A distributed denial of service attack (DDOS) is one in which a cyber attacker first compromises a
number of electronic "host" networks, and installs a "daemon" on those hosts. A "daemon" is a computer
process that runs in the background and performs a specified operation at predefined times or in response to
certain events. Later, the attacker sends a request to the daemon on the compromised hosts asking it to
begin flooding a target host with various types of electronic packets. The ensuing massive stream of data
overwhelms the victim's hosts or routers, rendering them unable to provide service. For further
information, see http://staff.washington.edu/dittrich/misc/ddos/elias.txt ;
http://www.sans.org/ddos_roadmap.htm; and http://packetstorm.securify.com/distributed/TFN2k_Analysis -
1.3.txt
80 Non-defense critical information infrastructures include the banking and financial services infrastructure,
the electric power generation and distribution system, the oil and natural gas pipeline and storage system,
the air and rail transportation systems, water supply systems, vital human services, and continuity of
government.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
Two documents serve as a foundation for a national framework. The first, released in
May of 1998, is Presidential Decision Directive 63 (PDD-63). That document
established specific Federal agency responsibilities, response timelines, and milestones
for Federal government planning for critical infrastructure protection (CIP). A key
milestone was the publication of a national plan for the defense of U.S. critical
infrastructures by the beginning of calendar year 2000. In January 2000, a plan was
released: Defending America's Cyberspace: National Plan for Information Systems
Protection Version 1.0An Invitation to Dialogue (the "National Plan").
PDD-63 called for the establishment of Information Sharing and Analysis Centers
(ISACs) to facilitate information sharing between government and industry on
infrastructure vulnerabilities and threats. To date, the electric power,
telecommunications, banking and financial services, and oil and gas storage and
distribution sectors have established such entities. While still embryonic, ISACs have the
potential to increase greatly the effectiveness of Federal government responses to critical
infrastructure threats, including terrorism.
The Congress has not funded many of the initiatives proposed by the Executive Branch in
the last two fiscal years to implement elements of the "National Plan." The Congress has
recognized that critical infrastructure protection is a vital area for governmental activity
but has withheld certain funding pending the receipt of information from the Executive
Branch and further debate.81
Much more needs to be done to establish effective partnerships with the private sector
and to improve planning and coordination with State and local government entities.
Private sector collaboration is vital to an effective longer-term response to all aspects of
CIP-deterrence, detection, identification, prevention, response, recovery, and
restoration. The private sector remains skeptical of the Federal government's intentions
in CIP. Mistrust and a fear that CIP may provide a rationale for re-regulating recently
deregulated industries have slowed industry responses to Federal government
coordination and problem-solving initiatives.
As the Y2K remediation process clearly indicated, many of the critical infrastructures
requiring protection are owned or in some way regulated by State and local governments.
In almost every case, those governmental entities provide some measure of physical
protection for facilities and for people who work there. In any attack, they will play
important roles in response, recovery, and restoration. We urge all Federal entities with
CIP responsibilities to include State and local representatives in the planning and
implementation of CIP programs.
81 A bill requiring a comprehensive report from the President to the Congress on the implementation of the
requirements of PDD-63, presumably including the status of the various activities directed in the "National
Plan" (originally introduced as S. 2702-the "Bennett-Schumer Bill") was added as Section 1032 of the
National Defense Authorization Act for Fiscal Year 2001 (H.R. 4205), which was signed into law on
October 30, 2000 (Pub L. 106398).
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
During the coming year, the Advisory Panel will focus on specific aspects of CIP, as they
relate to the potential for terrorist attacks. We have identified several areas for further
deliberation. We will make specific policy recommendations in our next report.
CIP Policy Coordination at the Federal Level
With Sufficient Authority to Oversee CIP Programs
Currently, the National Coordinator for Security, Infrastructure Protection, and Counter-
Terrorism, has certain CIP policy oversight responsibilities, among many others. Those
various responsibilities are very broad, and may prevent the Coordinator from giving
sufficient attention to the CIP challenge. Moreover, the person with policy oversight of
CIP programs needs program and budget authority, perhaps similar to the authority that
we have recommended for programs to combat terrorism generally. We have chosen not
to include CIP within the purview of direct responsibilities in the National Office for
Combating Terrorism. The nature of the threats to our critical infrastructure and the
processes required to defend against and mitigate attacks are much broader than
terrorism.
Standards
The nation lacks an overarching framework for coordinating with industry and various
entities in Federal, State, and local government on the development of cyber and
information technology standards. This includes, in particular, security standards for
emerging technologies (e.g., wireless) and for significant Internet applications, such as
business-to-business transactions for critical infrastructure services.
Currently, the responsibility to coordinate cyber standards development rests, both
directly and indirectly, in three offices in the Executive Office of the President:
Office of Management and Budget-Coordinates development of minimum computer
security guidelines and standards for the Federal government, in concert with the
National Institute for Standards and Technology, pursuant to multiple statutes and
authorities; and with the Department of Defense, through the National Security Agency,
for the development of security standards for national security systems.82
National Security Council-Coordinates national and economic security policy issues
associated with cyber security.
White House Office of Science and Technology Policy-Coordinates research and
development associated with cyber security standards.
82 See, e.g., Computer Security Act of 1987 (Pub. L. 100235), Clinger-Cohen Act of 1996 (Pub. L. 104
106), and the National Defense Authorization Act for FY 2000 (Pub. L. 10665).
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
The Advisory Panel will consider the extent to which those entities and appropriate
standards-setting bodies within the Executive Branch83 should develop a single
framework to coordinate efforts with similar industry-led efforts.
CIP Alert, Warning, and Response
The National Infrastructure Protection Center (NIPC) at the Federal Bureau of
Investigation (FBI) has certain responsibilities for critical infrastructure alert, warning,
and response coordination, including cyber attacks by terrorists. The NIPC has been told
that many of the intended activities will present insurmountable legal issues. Moreover,
there are inherent difficulties in achieving a close trust relationship between elements of
the private sector and any governmental agency. That problem is magnified when it is
essentially a law enforcement agency such as the NIPC.
There have been discussions in the Executive Branch and in the Congress about shifting
the forensic and technical support functions of the NIPC to other centers-perhaps to an
expanded Computer Emergency Response Team Coordination Center (CERTCC)
(currently housed at Carnegie Mellon University)84 or to the General Services
Administration Federal Computer Incident Response Center (FedCIRC)85-with the
suggestion that such a move could leverage cyber-investigative expertise already present
and would lower barriers to acceptance of a more central Federal role in CIP
preparedness. Nevertheless, it is not obvious that either of those entities currently
possesses the requisite capabilities, in personnel, equipment, expertise, or authority, to
perform the functions. It has also been suggested that another non-law-enforcement
component of the Treasury Department or an entity in the Commerce Department or in
the Defense Department could be given the mission. The Advisory Panel will consider
these and other potential solutions in its future deliberations.
Liability and Other Legal Issues
A number of entities have identified legal and practical impediments to cyber security
cooperation. The President's Commission on Critical Infrastructure Protection, the
Defense Science Board, and, most recently, the "National Plan," each identified a range
of legal authorities and policies that may undermine CIP collaboration. Private sector
institutions focusing on CIP, such as the Partnership for Critical Infrastructure Security86
and the Financial Services ISAC,87 similarly argue that Federal and State governments
should identify and remove significant legal impediments to greater cyber security
83 For example, the National Institute for Standards and Technology, for minimum computer security
standards, and the National Communications Systems, for public telephone network standards.
84 CERTCC coordinates the nationwide CERT community, an ad hoc collection of CERTs from
universities, the private sector, and governments agencies.
85 FedCIRC is the government-wide computer emergency response facility housed at GSA. It is charged
with coordinating federal agency computer virus outbreak and intrusion detection announcements and
responses. FedCIRC concentrates on U.S. government computer systems outside of DoD.
86 See http://www.pcis -forum.org/.
87 See http://www.fsisac.com/ .
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
cooperation.88 Issues frequently identified include tort liability, antitrust implications,
patent and copyright protection, Freedom of Information Act and Privacy Act issues, and
the lack of insurance to cover these and other cyber-related matters.
In its deliberations in the coming year, the Advisory Panel will consider legal
implications that may be raised in the context of cyber terrorism.
Additional Research into
Terrorist Threats to Critical Infrastructure
The Advisory Panel will also consider whether significant additional research is needed
for terrorism aspects of CIP. Areas to be considered include threat analytical capabilities
(with a focus on tracking technical capabilities of terrorist organizations, along with their
propensity to utilize such tools) and emerging technologies for defensive, recovery, and
restoration operations. We will also consider the advisability of independent research
and development initiatives for CIP, where the private sector could, for example, receive
tax credits or grants to conduct research in critical infrastructure assurance and
protection.
88 See, for example, Critical Foundations: Protecting American's Infrastructures, The Report of the
President's Commission on Critical Infrastructure Protection at Chapters 47 (October 1997)
(emphasizing the significance of fostering private sector information-sharing processes and, ultimately,
greater information sharing between industry and government at all levels.); and Information Warfare
Defense, Defense Science Board Task Force on Information Warfare (November 21, 1996)
(recommendations to the Department of Defense on supporting the Defense Information Infrastructure;
information-sharing was identified as a significant issue).
44
Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
Conclusion
The work of the Advisory Panel will continue in 2001, and will culminate with the
submission of our third and final annual report to the President and the Congress on
December 15, 2001.
The Advisory Panel will proceed with its review and analyses of existing Federal
programs that are designed to support or enhance domestic preparedness programs for
terrorist incidents, with emphasis on those specifically mentioned in the enabling
legislation: training, communications, equipment, planning requirements, the needs of
maritime regions, and coordination among the various levels of government.
We will devote considerable attention to issues involving the use of the military, cyber
terrorism aspects of critical infrastructure protection, and health and medical programs,
especially those of the Centers for Disease Control and Prevention.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
APPENDICES
AEnabling Legislation........................................................................................................ A-1
BPanel Chair and Members .................................................................................................B-1
CResearch Methodology and Strategy Development ........................................................ C-1
DPersons Interviewed ......................................................................................................... D-1
EAlternative Structures Considered.....................................................................................E-1
FIsrael Case Study...............................................................................................................F-1
GLos Angeles Area Case Study.......................................................................................... G-1
HCDC NEDSS and EPI-X.................................................................................................. H-1
INew England-Eastern Canadian Mutual Assistance Compact............................................I-1
J"States Recommendations".................................................................................................J-1
KNational Survey Methodology.........................................................................................K-1
LTOPOFF Observations ......................................................................................................L-1
MDepartment of Defense Program Information.................................................................M-1
NDepartment of Justice Program Information....................................................................N-1
OPanel Activities ................................................................................................................O-1
PGlossary of Terms..............................................................................................................P-1
QWorking Definitions.........................................................................................................Q-1
RConstitutional and Legal Authorities for the Use of the Military Domestically...............R-1
Tab 1Minor Statutes Authorizing Military Support.............................................R-1-1
Tab 2Title 10, U.S. Code, Section 374 ................................................................R-2-1
Tab 3Title 10, U.S. Code, Section 382 ................................................................R-3-1
Tab 4Title 18, U.S. Code, Section 831 ................................................................R-4-1
SInteragency Comments ......................................................................................................S-1
TTransmittal Letters.............................................................................................................T-1
URand Staff Providing Support to the Advisory Panel...................................................... U-1
46
APPENDICES
Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
APPENDIX A-ENABLING LEGISLATION
Following is an extract of the legislation that created the Advisory Panel and provided its
mandate. The provision originated in the U.S. House of Representatives and was
sponsored by Representative Curt Weldon of Pennsylvania.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
An Extract of
PUBLIC LAW 105-261 (H.R. 3616, 105th Congress, 2nd Session) (October 17,
1998)
An Act
To authorize appropriations for fiscal year 1999 for military activities of the Department
of Defense, for military construction, and for defense activities of the Department of
Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and
for other purposes.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
SECTION 1. SHORT TITLE; FINDINGS.
a. SHORT TITLE- This Act may be cited as the "Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999."
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SEC. 1405. ADVISORY PANEL TO ASSESS DOMESTIC RESPONSE
CAPABILITIES FOR TERRORISM INVOLVING WEAPONS OF MASS
DESTRUCTION.
a. REQUIREMENT FOR PANEL- The Secretary of Defense, in consultation with
the Attorney General, the Secretary of Energy, the Secretary of Health and
Human Services, and the Director of the Federal Emergency Management
Agency, shall enter into a contract with a federally funded research and
development center to establish a panel to assess the capabilities for domestic
response to terrorism involving weapons of mass destruction.
b. COMPOSITION OF PANEL; SELECTION- (1) The panel shall be composed
of members who shall be private citizens of the United States with knowledge and
expertise in emergency response matters. (2) Members of the panel shall be
selected by the federally funded research and development center in accordance
with the terms of the contract established pursuant to subsection (a).
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
c. PROCEDURES FOR PANEL- The federally funded research and development
center shall be responsible for establishing appropriate procedures for the panel,
including procedures for selection of a panel chairman.
d. DUTIES OF PANEL- The panel shall--
1. assess Federal agency efforts to enhance domestic preparedness for
incidents involving weapons of mass destruction;
2. assess the progress of Federal training programs for local emergency
responses to incidents involving weapons of mass destruction;
3. assess deficiencies in programs for response to incidents involving
weapons of mass destruction, including a review of unfunded
communications, equipment, and planning requirements, and the needs of
maritime regions;
4. recommend strategies for ensuring effective coordination with respect to
Federal agency weapons of mass destruction response efforts, and for
ensuring fully effective local response capabilities for weapons of mass
destruction incidents; and
5. assess the appropriate roles of State and local government in funding
effective local response capabilities.
e. DEADLINE TO ENTER INTO CONTRACT- The Secretary of Defense shall
enter into the contract required under subsection (a) not later than 60 days after
the date of the enactment of this Act.
f. DEADLINE FOR SELECTION OF PANEL MEMBERS- Selection of panel
members shall be made not later than 30 days after the date on which the
Secretary enters into the contract required by subsection (a).
g. INITIAL MEETING OF THE PANEL- The panel shall conduct its first
meeting not later than 30 days after the date that all the selections to the panel
have been made.
h. REPORTS- (1) Not later than 6 months after the date of the first meeting of the
panel, the panel shall submit to the President and to Congress an initial report
setting forth its findings, conclusions, and recommendations for improving
Federal, State, and local domestic emergency preparedness to respond to incidents
involving weapons of mass destruction. (2) Not later than December 15 of each
year, beginning in 1999 and ending in 2001, the panel shall submit to the
President and to the Congress a report setting forth its findings, conclusions, and
recommendations for improving Federal, State, and local domestic emergency
preparedness to respond to incidents involving weapons of mass destruction.
i. COOPERATION OF OTHER AGENCIES- (1) The panel may secure directly
from the Department of Defense, the Department of Energy, the Department of
Health and Human Services, the Department of Justice, and the Federal
Emergency Management Agency, or any other Federal department or agency
information that the panel considers necessary for the panel to carry out its duties.
(2) The Attorney General, the Secretary of Defense, the Secretary of Energy, the
Secretary of Health and Human Services, the Director of the Federal Emergency
Management Agency, and any other official of the United States shall provide the
panel with full and timely cooperation in carrying out its duties under this section.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
APPENDIX B-PANEL CHAIR AND MEMBERS
Name and Affiliation Expertise
The Honorable James S. Gilmore, III, Governor of the State perspective¡¡
Commonwealth of Virginia, Chair¡¡
James Clapper, Jr. (Lieutenant General, U.S. Air Force, Intelligence¡¡
Retired), Corporate Executive, and Former Director,
Defense Intelligence Agency, Vice Chair¡¡
L. Paul Bremer, Corporate Executive, and Former Terrorism, counter terrorism¡¡
Ambassador-at-Large for Counter-Terrorism, U.S.
Department of State¡¡
Raymond Downey, Commander, Special Operations, City Emergency response-local¡¡
of New York Fire Department¡¡
Richard Falkenrath, Associate Professor, John F. Kennedy Terrorism threats¡¡
School of Government, Harvard University¡¡
George Foresman, Deputy State Coordinator, Department Emergency response-state¡¡
of Emergency Management, Commonwealth of Virginia¡¡
William Garrison (Major General, U.S. Army, Retired), Special operations¡¡
Private Consultant, and Former Commander, U.S. Army
Special Operations Command's Delta Force¡¡
Ellen M. Gordon, Administrator, Emergency Management Emergency response-state¡¡
Division, Department of Public Defense, State of Iowa,
and President, National Emergency Management
Association
James Greenleaf, Independent Consultant, and Former Law enforcement-federal¡¡
Associate Deputy for Administration, Federal Bureau of
Investigation¡¡
Dr. William Jenaway, Corporate Executive, and Chief of Emergency response-local¡¡
Fire and Rescue Services, King of Prussia, Pennsylvania¡¡
William Dallas Jones, Director, Office of Emergency Emergency Response-State¡¡
Services, State of California¡¡
Paul M. Maniscalco, Past President, National Association Emergency response-local¡¡
of Emergency Medical Technicians, and Deputy
Chief/Paramedic, City of New York Fire Department,
EMSC¡¡
John O. Marsh, Jr., Attorney at Law, former Secretary of Interagency coordination,
the Army, and former Member of Congress¡¡ cyber, and legal aspects¡¡
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
Kathleen O'Brien, City Coordinator, City of Minneapolis, Local perspective¡¡
Minnesota¡¡
M. Patricia Quinlisk, M.D., Medical Director/State Health-state¡¡
Epidemiologist, Department of Public Health, State of
Iowa¡¡
Patrick Ralston, Executive Director, Indiana State Emergency response-state¡¡
Emergency Management Agency; Executive Director,
Department of Fire and Building Services; and Executive
Director, Public Safety Training Institute, State of Indiana¡¡
William Reno (Lieutenant General, U.S. Army, Retired), Non-Governmental
former Senior Vice President of Operations, American Organizations¡¡
Red Cross¡¡
Joseph Samuels, Jr., Chief of Police, Richmond, Law Enforcement-local,
California, and Third Vice President, International Terrorism¡¡
Association of Chief of Police¡¡
Kenneth Shine, M.D., President, Institute of Medicine, Health-federal¡¡
National Academy of Sciences¡¡
Hubert Williams, President, The Police Foundation¡¡ Law Enforcement/Civil
Liberties¡¡
**********************************************
Ellen Embrey, U.S. Department of Defense Representative¡¡
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
APPENDIX C-RESEARCH METHODOLOGY AND STRATEGY DEVELOPMENT
This is the second annual report of the Advisory Panel to Assess Domestic Response
Capabilities for Terrorism Involving Weapons of Mass Destruction (hereafter the
"Advisory Panel"). The mandate to the Advisory Panel, contained in its enabling
legislation,89 requires it to:
* assess Federal agency efforts to enhance domestic preparedness for incidents
involving weapons of mass destruction;
* assess the progress of Federal training programs for local emergency responses to
incidents involving weapons of mass destruction;
* assess deficiencies in programs for response to incidents involving weapons of
mass destruction, including a review of unfunded communications, equipment,
and planning requirements, and the needs of maritime regions;
* recommend strategies for ensuring effective coordination with respect to Federal
agency weapons of mass destruction response efforts, and for ensuring fully
effective local response capabilities for weapons of mass destruction incidents;
and
* assess the appropriate roles of State and local government in funding effective
local response capabilities.
The Advisory Panel is a Federal Advisory Committee,90 and has no directive authority
over any government entity.
The enabling legislation also directed that a Federally-Funded Research and
Development Center provide research, analytical, and other support to the Advisory
Panel during the course of its activities and deliberations. RAND has been providing that
support, under contract from the Department of Defense,91 since the Advisory Panel's
inception.
This Appendix provides a full description of the Advisory Panel's deliberative process,
research methods, as well as information on the structure and foundation of this report.
Research and Analytical Methodology
This report is based on a number of research and analytical efforts, including:
89 Section 1405 of the National Defense Authorization Act for Fiscal Year 1999, Public Law 105261
(H.R. 3616, 105th Congress, 2nd Session) (October 17, 1998). The full text of the statutory enabling
provisions is contained in Appendix A.
90 The Advisory Panel is subject to the provisions of the Federal Advisory Committee Act, 5 U.S.C. App.,
Pub L. 92463, October 6, 1972, as amended.
91 Awarded by the Secretary of Defense, following consultation with the Attorney General, the Secretary of
Energy, the Secretary of Health and Human Services, and the Director of the Federal Emergency
Management Agency.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
* The assessment of a variety of relevant programs of various Federal agencies
through direct interviews with agency representatives and exhaustive analysis of
written program and budget documents
* Interviews with numerous government officials at the local, state, and federal
levels
* Consultations with subject matter experts
* Oral and written presentations and other submissions to the Advisory Panel
* Case studies addressing specific issues
* Facilitated discussions among panel members
* Other quantitative and qualitative research
Some of the research is contained, either in its entirety or in synopsis form, in other
appendices to this report, including Federal agency program information, case studies,
and other documentation.
The Advisory Panel has also commissioned a nation-wide survey of almost 2000
response entities at the State and local levels. The results of that survey and a
comprehensive analysis of the results will be contained in the third and final Advisory
Panel report to the President and the Congress. For a description of the survey and a
categorization of the target audience, see Appendix K.
Advisory Panel Activities
During the period since its last report, the Advisory Panel has maintained a robust
meeting schedule (as detailed in Appendix O). Members and support staff have also
conducted numerous additional activities, including the presentation of Congressional
testimony, attending numerous Congressional hearings and Federal interagency meetings,
and participation in a variety of related conferences, symposia, and workshops, all of
which have assisted in informing and guiding the deliberative process.
Scope of the Report
The conclusions of the Advisory Panel, and its related recommendations, are made in the
belief that the instant report, its first report, and the final report that it will submit in
December 2001, will contribute to the public debate about how the nation can most
effectively combat the threat of terrorism.
This report does not contain specific budgetary recommendations. It outlines, rather,
several priorities for focusing limited resources. In its third and final report, the Advisory
Panel will address fiscal issues at the Federal, State, and local levels.
Except for a portion of the case study on the Los Angeles Operational Area (see
Appendix G), this report also does not address comprehensively one specific legislative
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
mandate the consideration of the "needs of maritime regions."92 That issue will
likewise be addressed in the final report.
Preliminary Considerations
The potential for terrorist attacks inside the borders of the United States represents is an
emerging threat. Effectively preparing the United States for the consequences of such
attacks will require changes in the relationships among and between all levels of
government. Key to these changes will be the realization that our ability to respond
cannot be dependent upon a single level or agency of government. Rather we need a
national approach, one that recognizes the unique skills that a community, state and the
federal government possess and that, collectively, will give us the "total package" needed
to address the consequences of terrorism.
In its first report,93 the Advisory Panel concluded that, despite a number of Federal
programs and a significant increase in Federal funding over a six-year period, "a national
strategy to address the issues of domestic preparedness and response to terrorist incidents
involving CBRN and other types of weapons is urgently needed." Having recognized
that such a strategy was not likely to be produced in the near term, the Advisory Panel
decided in March of this year to put forward its proposals with the hope that they will
serve as a basic framework for that strategy. We have noted the growing frustration of
local, State and Federal officials over the absence of a clear national vision and
corresponding strategies, particularly in the area of domestic response capabilities. The
need is clear, it is time for action, and we intend to help to build momentum toward
resolution of these issues.
This Advisory Panel is unique, if for no other reason than its composition. It reflects,
through the backgrounds of its members, the larger universe of local, State and Federal
response disciplines that will work together to respond to the next terrorist attack on our
home soil. With the addition of other members who have policy experience at the
national level, its perspectives, therefore, reflect a broad strategic vision dealing with
structure, programmatic, operational and policy issues. The panel is a microcosm of the
larger process ultimately needed to develop fully a viable national strategy. As
previously noted, a national strategy does not equate to a Federal strategy; a Federal
component is only part of a national strategy. In developing a true national strategy, the
role of the Federal government should be to facilitate and participate in a strategic
planning process that involves States and communities as equal partners.
The conclusions and recommendations contained in this report have been informed from
a variety of sources, including the vast knowledge and experience of panel members,
discussions with numerous officials at all levels of government, participation in numerous
92 Section 1405d.3. of the enabling legislative.
93 The First Annual Report to the President and the Congress: I. Assessing the Threat (the "First Report")
was delivered on Decemb er 15, 1999. See http://www.rand.org/organization/nsrd/terrpanel/ to download a
complete copy of the report.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
activities where the issue is discussed, and written reports from various entities, both
public and private. One of the most effective processes for identifying the issues most
important to State and local entities has been the joint effort of the National Governors
Association (NGA) Center for Best Practices and the National Emergency Management
Association (NEMA) in conducting "States' Regional Terrorism Policy Forums."
Emanating from those forums is a consolidated list of fifty-four "States'
Recommendations," compiled in eight functional categories, in which are reflected many
of the themes contained in this report.94
It has been suggested that several officials documents that have been published in recent
years Presidential Decision Directives 39 and 62, the Attorney General's 1999 Five-
Year Interagency Counterterrorism and Technology Crime Plan, and the most recent
Annual Report to Congress on Combating Terrorism, Including Defense against
Weapons of Mass Destruction/ Domestic Preparedness and Critical Infrastructure
Protection (dated May 18, 2000) taken as a whole, provide a national strategy. We
disagree. The Presidential Decision directives, for the most part, only direct assign
certain responsibilities to Federal entities. The Attorney General's "Five-Year Plan,"
while salutary, falls short of a fully-coordinated strategy, one that is promulgated by the
President; and it does not in our view have the requisite "bottom up" approach having
as its underpinnings the needs of the local and State response entities. While that
document contains many significant goals and objectives, it is not apparent that there is
any enforcement or other tracking mechanism to ensure that the specific objectives are
tied to milestone dates, or other measures to effect its full implementation.
These documents describe plans, the description of a compilation of various programs
already under way, and some objectives; but they do not either individually or
collectively constitute a national strategy.
Many of the current programs have resulted from specific Congressional earmarks in
various appropriations bills and did not originate in Executive Branch budget requests:
They are the initiatives of concerned and proactive Senators and Representatives.
The panel recognizes that this instant report addresses only part of a comprehensive
national strategy for combating terrorism. That focus is the necessary result of the
panel's legislative mandate and, consequently, the structure of the panel project being
limited to the fundamental elements of a "domestic preparedness and response" portion
of a much broader strategy. We must avoid placing too much emphasis on preparedness
for response, if it unnecessarily detracts from other necessary efforts.
The panel is also fully aware of the interdependencies among all aspects of deterrence,
prevention, and response. That point cannot be overstated. States and communities have
emerged as critical partners in the formulation of polices on national security, as they
may have critical roles to fill in the execution of many of those policies. This concept
94 The entire compilation of "States' Recommendations" from the NGA/NEMA States' Regional Terrorism
Policy Forums is contained in Appendix J.
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will require a change of culture, a new way of thinking, and more dialogue between our
three levels of government. Our approach as a nation must be one of integration, focus,
flexibility, and priority allocation of limited resources. We must, therefore, do a better
job as a nation of planning, coordinating, and providing resources to our domestic
response capabilities. It will help us achieve a better level of preparedness not only for
terrorism, but all emergencies and disasters.
International and Domestic Considerations
The national strategy should be geographically and functionally comprehensive. It
should address both international and domestic terrorism. The distinction between
terrorism outside the borders of the United States and domestic terrorist threats is
eroding. International terrorism crosses borders easily and may directly affect the
American homeland. This was evident in the New York World Trade Center bombing in
1993, and more recently in the activities around the turn of the century, especially with
the arrests of Ahmed Ressam in Washington State, and Lucia Garofalo and Bouabide
Chamchi in Vermont. The terrorist bombings of the U.S. garrison at Khobar Towers,
Saudi Arabia, the two U.S. embassies in East Africa, and the recent USS Cole incident,
also illustrate the reach of terrorists against U.S. interests and the profound domestic
implications they pose.
A complete strategy will articulate the various policy and diplomatic reasons for a robust
U.S. program to combat terrorism directed against U.S. persons and interests around the
world, and the advantages to engaging our allies in mutual efforts in that regard. It will
likewise include the necessary linkage between international threats and their potential
for domestic incidents, as well as terrorism that may have its source inside the United
States.
The Relationship of Deterrence, Prevention, and Response
"The cornerstone of our recommendations for improving our efforts
to combat terrorism is that we build on existing systems,
not create entirely new ones."
To be functionally comprehensive, the national strategy should address the full spectrum
of the nation's efforts against terrorism: intelligence, deterrence, prevention,
investigation, prosecution, preemption, crisis management, and consequence
management. As the Advisory Panel recognized in its first report, our nation's highest
goal must be the deterrence and prevention of terrorism. The United States cannot,
however, prevent all terrorist attacks. When deterrence and prevention fail, the nation
must respond effectively to terrorism, whether to resolve an ongoing incident, mitigate its
consequences, identify the perpetrators, and prosecute or retaliate as appropriate. The
national strategy should deal with all aspects of combating terrorism and must carefully
weigh their relative importance for the purpose of allocating resources among them.
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The timely identification of potential terrorist adversaries carries significant strategic
implications for deterrence, prevention, and response considerations. Our ability to
detect the potential sources of terrorist activity through a variety of sources and methods
is, perhaps, the most critical element in all of the activities that we as a nation may
undertake to combat terrorism.95 While it is unlikely that we will ever be able to identify
in advance all specific threats with certainty as to time and location of an attack, the
better we perform that identification function, the more effective we will be in our total
effort.
It likewise logically follows that we must maintain overwhelming capability to preempt
and interdict intended terrorist activity before the act occurs, as well as the capability and
national will as noted above -- to retaliate against the actual perpetrators and their direct
or indirect supporters, and to prosecute perpetrators to the full extent of the law.
In developing effective response capability, adequate advance preparations obviously are
key. But the question may remain: "How much is enough?" We have been fortunate as a
nation that we have suffered relatively few domestic terrorist incidents, the experience
from which could help to provide answers to such a question. Notwithstanding the fact
that natural disasters have proven tragic in countless ways, the nation has never been
faced with the consequences of a man-made attack so devastating that it could threaten
the very fabric of our society. As a consequence, the answer to that question for any
actual attack may have to wait for the day-after analysis.
Historical Considerations
While history may not always be the best teacher, there are perhaps any number of
historical events in the last century, including some in the last decade, that may
appropriately help to shape our thinking about designing, implementing, and executing an
effective system for response to domestic terrorist acts.
For example, the tragic 1918 worldwide influenza epidemic, which took the lives of at
least 500,000 people in the United States, and at least 20 million world wide,96 carries
with it important lessons about the need for robust medical surveillance, rapid
identification, and prompt warning capabilities that will be essential in mitigating the
consequences of certain terrorist attacks, especially biological ones.
U.S. civil defense efforts during the Cold War era, regardless of how well intentioned,
eventually failed because they were perceived as unlikely to accomplish their stated
95 It is, at least, arguable that it was unlikely that any reasonable detection capability or processes in
existence at the time could have recognized the motivations, intentions, and capabilities of Timothy
MacVeigh before his bombing of the Alfred P. Murrah Federal Building in Oklahoma in April 1995.
Nevertheless, and as described in further detail elsewhere in this report, efforts must be directed at finding
ways, within our constitutional and legal framework, to discern to the extent possible such conduct before
an actual terrorist attack.
96 Preventing Emerging Infectious Diseases: A Strategy for the 21st Century, Centers for Disease Control
and Prevention, U.S. Department of Health and Human Services, October 1998, p. 4.
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purpose. If public support is to be achieved and maintained, Americans must believe that
any national program for domestic response is realistic and credible.
While there are a number of anecdotes, most Americans will likely agree with the
premise that we have a reasonably effective system and robust capabilities to respond to a
wide spectrum of natural disasters, as well as to criminal acts of various types and
magnitude. Those capabilities have evolved and improved, and are continuing to
improve, at all levels of government, including cooperation and coordination vertically
and horizontally.
In those situations where wartime exigencies and internal strife have caused
extraordinary steps to be taken-rationing of food and other commodities, the integration
of public schools in the 1960s, and responses to riots in certain cities, as examples-the
actions taken by government entities at all levels have, by and large, been measured and
appropriate, when considered in the context of our Federal form of government, our
Constitutional protections, and our legal systems.97
In those fortunately few cases where terrorism has struck us at home-most notably the
New York World Trade Center bombing, the Oklahoma City Murrah Federal Building
bombing, and the Atlanta bombing during the 1996 Olympics-the day-after analysis of
each response undoubtedly merits relatively high marks. Lessons learned from each of
those events, however, suggest that there are a number of improvements that can be
made-in local capabilities, in coordination among governmental entities at various
levels, in forensics, in mitigation and recovery operations, and other critical functions.
The reaction to those recent incidents, coupled with the anxiety following the Aum
Shinrikyo attack in the Tokyo subway in 1995, has sparked continuing debate about the
question posed earlier: "How much (preparation) is enough?" The public perceptions of
terrorism in the last decade have, in large measure, been driven by entertainment and
news media descriptions of the most catastrophic consequences from terrorist attacks.
Some senior governments officials and terrorism "experts" have contributed to those
perceptions. As a result, the evolution of terrorism domestic preparedness and response
processes has, to date, been influenced by such perception.
The key point here is that both the anxiety and the level of public expectation for an
effective response to a major terrorist incident may have been unrealistically heightened.
Threat Analyses
Early in our deliberations, the Panel determined that we could not adequately fulfill our
legislative mandate without a current, comprehensive assessment of the potential threats
97 Examples that could be used to challenge this thesis are relatively few, but would likely include the
internment during World War II of Americans of Japanese descent, the Kent State University shootings, the
treatment of certain civil rights and Vietnam War protesters, the Ruby Ridge standoff, and the Waco
Branch Davidians incident.
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from terrorists seeking to strike Americans where we live inside the borders of the
United States. The threat assessment commissioned by the Advisory Panel is contained
in its first report.98
The Panel fundamentally reaffirms the threat analysis contained in the first report. In
recent months, other entities have arrived at essentially the same point of departure in
terms of potential terrorist threats in the near term,99 namely that conventional weapons
are more likely to continue to be the "weapon of choice;" that some terrorist may decide,
for any number of reasons, to attempt to use a CBRN device, but that such an attack is
likely to be lower on a relative scale of consequences; and that the catastrophic event
using an unconventional device-while possible and consequential enough to merit
continuing vigilance and appropriate preparations-is lower on the relative scale of
probabilities. We also take note of the increasing likelihood that the use of cyber attacks,
to create or compound disruption, or to interfere with our response capabilities. While
not a "Weapon of Mass Destruction" in the legal or technical sense, the direct or indirect
consequences of cyber terrorism are nevertheless potentially devastating. It is not
implausible that nation-state adversaries may turn to terrorism or other asymmetric
activity as their only means to compete effectively against the overwhelming military and
economic superiority of the United States.
Without comprehensive and current threat and risk assessments, the Panel believes it
unlikely that public officials-at any level of government-can make informed decisions
about the allocation of resources to respond to such threats.
Basic Assumptions
The conclusions and recommendations of the Advisory Panel are based on several key
assumptions.
First, the threats from terrorists, whether foreign or domestic, seeking to carry out an
attack inside the borders of the United States, will continue to evolve and could expand
dramatically with some unexpected advance in capability.
Second, "local" response entities-law enforcement, fire service, emergency medical
technicians, hospital emergency personnel, public health officials, and emergency
managers, in any of several combinations depending on the nature of the attack-will
always be the "first "-and conceivably only-response. "Local" entities in this context
98 First Report, chapter 2.
99 See, for examples, the report from the National Commission on Terrorism, "Countering The Changing
Threat of International Terrorism," June 5, 2000, which is available on the World Wide Web at several
sites, including our home page http://www.rand.org/organization/nsrd/terrpanel/; and several reports and
testimony of the General Accounting Office, including "Combating Terrorism: Need for Comprehensive
Threat and Risk Assessments of Chemical and Biological Attacks" (GAO/NSIAD99163), September 7,
1999, and "Combating Terrorism: Issues in Managing Counterterrorism Programs (GAO/TNSIAD00
145), April 6, 2000. The entire series of the comprehensive GAO Combating Terrorism reports and
testimony can be accessed at: http://www.gao/gov.
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can include elements of incorporated and unincorporated municipalities, counties, and
State organizations. In every case, some combination of those entities will inevitably be
involved.
Third, in the event of a major terrorist attack, however defined-number of fatalities or
total casualties, the point at which local and State capabilities are overwhelmed, or some
other measure-no single jurisdiction is likely to be capable of responding to such an
attack without outside assistance. This assumption is critical to understanding the need
for mutual aid agreements and coordinated operations.
Fourth-and perhaps most important-there are existing emergency response and
management capabilities, developed over many years, for responses to natural disasters,
disease outbreaks, and accidents. Those capabilities can and should be used as a base for
enhancing our domestic capability for response to a terrorist attack. We are not, as some
have asserted, "totally unprepared" for a major terrorist attack, even with a biological
weapon. We can strengthen existing capabilities, without buying duplicative, cost-
prohibitive capabilities exclusively dedicated to terrorism. Similarly, our capabilities to
deter, prevent, or respond to a terrorist attack correspondingly enhance capabilities
against similar attacks from nation-states.
The Cyber Dimension
The focus in our First Report was on the more unconventional weapons that terrorist
might choose to employ chemical, biological, radiological, and nuclear (CBRN).
Nevertheless, we acknowledged "that the issues of cyber terrorism and the (CBRN)
forms of terrorist activities . . . are so inter-related that the Panel cannot ignore"100 the
potentially significant consequences of cyber terrorism. For that reason, we have
included in Chapter Three issues related to cyber-terrorism currently under consideration
by the Advisory Panel
Societal Implications
We have been fortunate as a nation. The terrorist incidents in this country-however
tragic-have occurred so rarely that the foundations of our society or our form of
government have not been threatened. Nevertheless, the potential for terrorist attacks
inside the borders of the United States is a serious emerging threat. There is no
guarantee that our comparatively secure domestic sanctuary will always remain so.
Because the stakes are so high, our nation's leaders must take seriously the possibility of
an escalation of terrorist violence against the homeland.
Some have suggested that a truly catastrophic event may sorely test us in that arena-that
public panic, government over-reaction, the use of the U.S. Armed Forces to conduct
major military activities on American soil,101 or other factors may do long-term damage
100 First Report, p. 67.
101 See further discussion on this topic in Chapter 3.
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or change the unique nature of American society. Such an unfortunate outcome will be
much less likely if we conduct more thoughtful advance planning, coordination, and
cooperation. In that vein, there are several factors that must be taken into consideration
to prepare for an effective response capability.
Others have postulated that a major attack will prompt a loss, at least temporarily, of
certain civil rights or liberties. We take the view that addressing such hard issues in
advance, and head on, will lessen-perhaps negate-any such outcome. For that reason,
the members of this panel have kept the issue of the protection of civil rights and liberties
squarely in the forefront of all their deliberations.
Panel members also believe that our leadership can and must do a better job of raising the
level of public awareness on this issue. In recent years, as we have noted previously, the
public has for the most part been informed by depictions in the entertainment and news
media, and from some others with public platforms, of mostly catastrophic terrorists
attacks, leading one to the conclusion that such attacks are the most likely. American
citizens can and should be given better information about the potential for terrorist
attacks without heightening-perhaps even lessening-public fear.
Without better public awareness, it is less likely that government officials at all levels
will be able to make fully-informed decisions about the appropriate levels of public
expenditure to address domestic preparedness before the next attack. Moreover, public
support in the aftermath of an actual attack will be critical. The more that American
citizens can be educated about what may happen and what will be expected of them, the
less likely that an incident will be exacerbated by uninformed public reaction.
Roles of Government
Fundamental to a good understanding of the Advisory Panel's approach to strategy
development is an insight into the Panel's view of the appropriate role of each level of
government, especially the Federal role.
Prior to an attack, the Federal government must provide national leadership, guidance,
and assistance to response entities at all levels. Federal entities can facilitate nationwide
preparedness by helping to develop national standards for training, exercising, and
equipment programs. The Federal role is preeminent, perhaps exclusive, in the areas of
research, development, test, and evaluation. Moreover, the Federal government must
have the lead in collecting and analyzing intelligence and in fostering sharing intelligence
and information.
When a terrorist attack is threatened or occurs, the Federal role for criminal investigation
and prosecution is already very specific. The FBI has responsibility for investigations of
terrorist threats and attacks. The U.S. Department of Justice then has responsibility for
prosecution under various Federal criminal statutes on terrorism. Terrorist threats or
attacks may also be violations of State or local law, so jurisdiction over investigations
and prosecutions can be concurrent. It is, nevertheless, widely recognized at State and
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
local levels that the FBI and DOJ have "paramount" though not exclusive jurisdiction in
both terrorism investigation and prosecution.
Otherwise, the Federal role in a response to an actual attack should be limited to
assistance when requested and to meeting response requirements that exceed local and
State capabilities. Response to an attack must be layered and sequential: Local entities
will respond first, supplemented as necessary by State capabilities. When local
capabilities are limited or exhausted, the response shifts to the State (perhaps multi-state)
level. The Federal response should come only after local and State elements are so taxed
that such assistance is requested or required. The Federal response should not be a major
response-with the Federal response entities "in charge" of operations-except in the
most extreme, the most catastrophic, situation. For such cases, detailed planning and
close coordination will lessen the prospect for overreaction that could infringe civil
liberties. Moreover, there are inherent problems in relying on assets at the Federal level
that are many hours-perhaps days-from deployment in an actual response.
Strategic Objectives
The Advisory Panel was constrained in the development of a complete strategy for
combating terrorism-one that would address all aspects of foreign and domestic issues,
all elements of deterrence and prevention, and all dimensions of preparedness and
response capabilities for attacks outside the United States. First, as noted previously, its
enabling legislation restricts the panel's scope of consideration to domestic response
capabilities, and in that context, to Federal programs. Second, the panel members are
part-time "volunteers" who have other obligations. Finally, the fiscal resources allocated
to the project are insufficient to do full justice to such a comprehensive strategy.
It is our intent that the strategic recommendations contained in this report be goal
oriented. Only through the expression of some strategic goals can a sense of direction be
given that will shape the development of priorities (especially for resource allocation) and
indicate the types and level of activities that need to be undertaken. We seek to
contribute to the development of well-reasoned plans before an attack, not reaction after
one occurs.
The domestic preparedness strategy contained in this report is predicated on a "bottom-
up" approach. The Panel has been careful to consider the needs of local response entities
as the cornerstone for its recommendations. It has sought and obtained that "local
stakeholder" input from a variety of sources. Nevertheless, the Advisory Panel
recognizes the substantial role that the Federal government can and must play in the
implementation of a complete national strategy.
States and localities are not looking to the Federal government as the panacea for all
aspects of domestic terrorism response. The Federal government does, however, have
several important responsibilities that it must discharge.
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The Panel emphasizes building on existing response capabilities, structures, and systems.
The nation has developed a reasonably effective system for responses to natural disasters,
naturally occurring disease outbreaks, accidents, and for most criminal acts. It is not
necessary, in our view, to create a completely separate set of capabilities for responses to
terrorist attacks. Under that same philosophy, many recommendations in this report are
based on the advantages that accrue in the development of new or enhancement of
existing capabilities that can have dual-, even multi-purpose applications.
Timing of the Submission of this Report
This panel has been critical of certain policies and programs of the current Executive and
Legislative Branches of the Federal Government. The date of the submission of this
report, although coincidental, is fortuitous. The report has, therefore, been designed to
provide a set of recommendations to be considered by the new Administration and the
107th Congress. This document does not purport to provide all the answers. The Panel
hopes that it will contribute to public debate and stimulate action.
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APPENDIX D-PERSONS INTERVIEWED*
Cheri Abdelnour Sam Brinkley,
Defense Threat Reduction Agency Department of State
Lawrence Adams, Critical Incident Analysis Aaron B. Budgor
Group SAIC
University of Virginia
Michael L. Brown
Graham Allison, Ph.D. Office of Emergency Preparedness
John F. Kennedy School of Government, State of Louisiana
Harvard University
Brigadier General Eddie Cain
Alane Andreozzi-Beckman, Joint Program Office for Biological Defense,
Defense Threat Reduction Agency Department of Defense
Anne A. Armstrong Stephen L. Caldwell
Virginia's Center for Innovative Technology General Accounting Office
Charles R. Bell Kwai-Cheung Chan
Marine Corps Systems Command General Accounting Office
Timothy Beres Lewis M. Chapman
Office for State and Local Domestic Federal Bureau of Investigation
Preparedness Support
Department of Justice Jayanto N. Choudhury
Embassy of India
Richard Andrews
EQE International John Cellantano, M.D.
Office of Emergency Services
Dr. Rick Babarsky City of Los Angeles
National Ground Intelligence Center
Frank Cilluffo
Ann Beauchesne Center for Strategic and International
National Governors Association Studies
Richard Behrenhausen Richard Clarke
McCormick Tribune Foundation National Security Council
Anthony S. Beverina Jim Cline, PH.D
Digital Sandbox SAIC
Pamela Berkowsky Deborah Colantonio
Assistant to the Secretary of Defense-Civil General Accounting Office
Support
Joseph J. Collins, Ph.D.
D. Douglas Bodrero Center for Strategic and International
Institute for Intergovernmental Research Studies
Major Adrian Bogart Robert J. Coullahan
InterAgency Board for Equipment SAIC
Standardization and Interoperability Martha Crenshaw, Ph.D.
Wesleyan University
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Cabell Cropper Gerald Epstein
National Criminal Justice Association Office of Science and Technology Policy
The White House
David Cullin, Ph.D.
Joint Program Office for Biological Defense, Glenn Fiedelholtz
Department of Defense Federal Emergency Management Agency
Michael Dalich Richard Fieldhouse
Department of Justice Armed Services Committee
United States Senate
Brian David,
Joint Program Office for Biological Defense, Jonathan Fielding
Department of Defense University of California at Los Angeles
Ruth David, Ph.D. Woodbury P. Fogg
ANSER Corporation New Hampshire Office of Emergency
Management
Frederick S. Davidson
Critical Infrastructure Assurance Office John M. Fowler, Jr.
Gold Creek Technology, LLC
Armand DeKeyser
Office of Senator Jeff Sessions John Frank
InterAgency Board for Equipment
Mark DeMier Standardization and Interoperability
ANSER Corporation
Robert R. Friedman, Ph.D.
Rick DeWater Georgia State University
U.S. Department of Agriculture
Neal Fudge
Edward P. Djerejian Office of Emergency Preparedness
James A. Baker III Institute for Public Policy State of Louisiana
Rice University
Archie Galloway
Dan Donohue Office of Senator Jeff Sessions
National Guard Bureau
Jorge Garcia
Stephen M. Duncan Federal Bureau of Investigation
Southeastern Computer Consultants, Inc.
Benjamin Garrett
N. Dale Dunham Battelle
San Francisco International Airport
Michael J. Gilbreath, Ph.D.
Edward Edens Joint Program Office for Biological Defense,
Committee on Armed Services Department of Defense
United States Senate
George Goodwin,
William W. Ellis National Ground Intelligence Center
Congressional Research Service
Lisa Gordon-Hagerty
Thomas Emsley National Security Council
Joint Program Office for Biological Defense,
Department of Defense
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John Hamre Stephanie Kopelousos
Center for Strategic and International Office of Congresswoman Tillie K. Fowler
Studies
Phil Kosnett
Daniel I. Gluckman National Commission on Terrorism
ISEA Safety Equipment Association
Robert T. Kroutil, Ph.D.
Michael Guerin U.S. Army Edgewood Research
California Office of Emergency Services Development and Engineering Center
John E. Guido Thomas Kuker
Texas A&M University National Domestic Preparedness Office
Don Hamilton Paul B. Kurtz
National Commission on Terrorism National Security Council
William L. Hamilton, III Phil Lacombe
Research Planning, Inc. VERIDIAN
Jerome Hauer John Landry
SAIC National Intelligence Council
Jane Hindmarsh Colonel Timothy Lampe
California Office of Emergency Services Defense Threat Reduction Agency
Frank Hoffman Peter LaPorte
National Security Study Group Emergency Management Agency
District of Columbia
Robert V. Homsy, Ph.D.
Lawrence Livermore National Laboratories Randall Larsen
ANSER Corporation
Jeffrey Hunker
National Security Council Major General Bruce M. Lawlor
Joint Task Force-Civil Support
Kenneth H. Huffer
United States Secret Service Scott Layne, M.D.
University of California at Los Angeles
Christopher Jehn
Congressional Budget Office Mary Lou Leary
Department of Justice
Lieutenant Colonel William Johnson
7th Civil Support Team Howard Levitin, M.D.
Vernon M. Keenan Ted Macklin
Georgia Bureau of Investigation Office for State and Local Domestic
Preparedness Support
Barry Kellman, J.D. Department of Justice
DePaul University
Anne Martin
Terrence K. Kelly, Ph.D. Federal Emergency Management Agency
Critical Infrastructure Assurance Office
John A. McCarthy
W.O. King Critical Infrastructure Assurance Office
James A. Baker III Institute for Public Policy
Rice University
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Alan McCurry John T. Neuhaus
Office of Senator Pat Roberts Confidential Advisory Services, Inc.
Craig A. McDowell Robert Newberry
City of Houston Office of the Secretary of Defense
Leeanne McInnis Commander Mark E. Newcomb
University of Texas United States Navy
Gary McConnell Kyle Olsen
Emergency Management Agency Research Planning, Inc.
State of Georgia
Gerould W. Pangburn
Stanley M. McKinney James Madison University
Emergency Preparedness Division
State of South Carolina R. Nicholas Palarino,
Subcommittee on National Security,
Barbara Martinez Veterans Affairs, and International
Federal Bureau of Investigation Relations
U.S. House of Representatives
Timothy Miles
California Office of Emergency Services John V. Parachini,
Center for Nonproliferation Studies
Andy Mitchell Monterey Institute of International Studies
Office for State and Local Domestic
Preparedness Support Marcus Peacock, P.E.
Department of Justice Subcommittee on Oversight, Investigations
and Emergency Management
V. Alan Mode, Ph.D. U.S. House of Representatives
Lawrence Livermore National Laboratory
Tony D. Perez,
Lisa Moreno-Hix Centers for Disease Control and Prevention
Oklahoma City National Memorial Institute
for the Prevention of Terrorism Raphael F. Perl
Congressional Research Service
Richard J. Morgan
Consolidated Edison Ann Petersen, J.D.
James Morhard Joseph Pilat
Subcommittee on Commerce, Justice, State, Los Alamos National Laboratory
and the Judiciary Appropriations
United States Senate Ed Plaugher
Arlington County Fire Department
Joe Muckerman
Association of National Defense Emergency William Pollack
Resources Department of Energy
Randall Murch, Peter S. Probst
Defense Threat Reduction Agency Office of the Secretary of Defense
J. Howard Murphy, Lieutenant Colonel Bob Ranhofer
SAIC Joint Program Office for Biological Defense,
Department of Defense
William Navas
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Dennis Reimer James R. Stanton, M.S.W.
Oklahoma City National Memorial Institute Maryland Institute for Emergency Medical
for the Prevention of Terrorism Services Systems
University of Maryland
Sue Reingold
Center for Strat egic and International Leslee Stein-Spencer
Studies Illinois Department of Public Health
Gary Richter C.H. Straub II
Sandia National Laboratory Office for State and Local Domestic
Preparedness Support
David J. Rigby Department of Justice
Defense Threat Reduction Agency
John Sullivan
The Honorable Laurie Robinson Los Angeles Sheriff's Department
Department of Justice
Patrick J. Sullivan
Gary Rowen Arapahoe County (CO) Sheriff's Department
National Domestic Preparedness Office
Chuck Swan
Dwight D. Rowland Joint Program Office for Biological Defense,
General Accounting Office Department of Defense
Richard L. Rumpf Thomas W. Taylor, J.D.
Rumpf Associates International Department of the Army
Richard Scribner, James W. Tape
Institute for Security Technology Studies Los Alamos National Laboratory
Dartmouth College
David Trachtenberg
The Honorable Jeff Session Committee on Armed Service
United States Senate U.S. House of Representatives
John A. Shannon John Tritak
SAIC Critical Infrastructure Assurance Office
The Honorable Michael Sheehan, Joel Tsiumis
Department of State National Domestic Preparedness Office
Brendan Shields Barry Turner
Office of Congressman J.C. Watts Australian Federal Police
Henry J. Siegelson, MD, FACEP Victor Utgoff
Emory University School of Medicine Institute for Defense Analysis
Roman W. Sloniewsky Michelle Van Cleave
Critical Infrastructure Assurance Office National Security Concepts, Inc.
Suzanne Spaulding, J.D. Eileen S. Vergino
National Commission on Terrorism Lawrence Livermore National Laboratory
Ellis Stanley A.D. Vickery
Office of Emergency Services Seattle Fire Department
City of Los Angeles
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Charles Ward, Ph.D. Richard M. Wheeler, Ph.D.
National Ground Intelligence Center Department of Energy
Bryan S. Ware Michelle E. White
Digital Sandbox Subcommittee on Oversight, Investigations
and Emergency Management
Ron Watson U.S. House of Representatives
Los Angeles County Fire Department
John Allen Williams, Ph.D.
Samuel J. Watson Loyola University Chicago
BioMedical Security Institute
University of Pittsburgh Michael A. Williams
Department of State
William H. Webster
Attorney at Law Leslie Wiser
National Infrastructure Protection Center
Captain Robert West, USN
Joint Task Force-Computer Network Lee Zeichner
Defense LegalNetWorks
Shaundra Westley
California Firefighters Association
________________________________________________________________________
* An "interview," for the purpose of this list, includes a formal presentation to members of the
Advisory Panel, a formal interview by a panel member or support staff, the written submission or
exchange of information, or informal discussions about the issues addressed in this report with
panel members or support staff.
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APPENDIX E-ALTERNATIVE STRUCTURES CONSIDERED
During the course of our deliberations on the issue improving Federal Executive Branch
coordination for combating terrorism, the Advisory Panel considered and rejected other
alternatives to the creation of an entity in the Executive Office of the President.102 We set
forth those various alternatives below, and explain the reasons why each was rejected.
Status Quo. We discussed extensively the current structure for coordination of Federal
programs and activities for combating terrorism, including modification of the current
processes to make them more effective. We acknowledge the improvements that have
been made in Federal Interagency coordination but we adjudged the current structure and
processes inadequate, for the following reasons.
Lack of Political Accountability-The senior person with day-to-day
responsibility for Federal programs for combating terrorism-the National
Coordinator for Security, Counter-terrorism, and Infrastructure Protection-is not
Presidentially-appointed and Senate-confirmed. A career employee of the
Executive Branch holds the position. It is essential that the person responsible
for these processes must be a senior-level Presidential appointee, confirmed by
the Senate.
Insufficient Program and Budget Authority-The current structure relies on a
very involved process of interagency "coordinating groups" which depends
heavily on meetings to get things done. While there is opportunity for discussion
and for suggestions to improve programs, there is no real authority to enforce
program or budget changes. Moreover, that the current format for budget
submissions is insufficient in detail to prove useful in the budget deliberative
process.
Lack of Adequate Resources-The current NSC structure lacks sufficient staff
even to oversee the Federal coordination structure-there is no inherent directive
authority to require Federal agencies to detail support personnel-much less to
engage State and local entities in the process of developing national strategies and
implementation plans.
Lack of State and Local Expertise-The current structure lacks the resources to
accommodate the resident State and local staff expertise that is required to build
strategies and plans with a true "bottom up" approach.
"Enhanced" FEMA. We considered the prospect of providing additional authority and
responsibility to the Federal Emergency Management Agency. The "FEMA Option" was
appealing because of its designation as the Lead Federal Agency for "consequence
management," and its existing statutory and regulatory authority for disaster response.103
But we likewise discounted that option for three reasons:
102 See Chapter Two.
103 Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended. 42 U.S. Code, Chapter
68 (42 U.S. Code, Sections 51215204).
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Domestic Only Responsibility-FEMA has a domestic-only focus. Once we
made the determination that the Federal coordinating entity should have both
foreign and domestic responsibility, this is not a viable option.
Autonomy and Neutrality Issues-Even if FEMA were given additional authority
to oversee the programs and budgets of other Federal agencies for combating
terrorism (including the authority to direct other agencies to detail personnel to
FEMA), it is likely be the case that the exercise of that authority would be viewed
by other agencies as parochial, creating the type of interagency "turf" issues that
have arisen in other contexts. By the same token, the person in FEMA with the
responsibility for this coordination104 would be answerable to an internal
hierarchy and not likely, therefore, to have the requisite autonomy.
Lack of Visibility and Access-Injecting the responsibility for coordinating
programs to combat terrorism into an existing agency with other programs was an
issue. FEMA's responsibilities are much broader than simply consequence
management for domestic terrorist attacks. Terrorism issues might be
subordinated to FEMA's other programs. Moreover, the "director" of this activity
in FEMA would not have the same measure of direct access to the President, as
would the director of an entity in the Executive Office.
Department of Justice (DOJ). There has been at least one proposal105 for the creation
of a new senior official in DOJ. We considered that option, but discarded it for many of
the same flaws that we found in an "enhanced FEMA."
Domestic Only Responsibility-It is unlikely that any entity in the Department of
Justice could be configured to transcend a domestic-only focus. Once we made
the determination that the Federal coordinating entity should have both foreign
and domestic responsibility, this would not be a viable option.
Law Enforcement/Prosecutorial Focus-The DOJ generally, and the FBI in its
"Lead Agency" role for "crisis management" specifically,106 have often been
criticized for having too much of a law enforcement and prosecutorial focus in
their approach to combating terrorism, which detracts from their ability to
coordinate non-law enforcement activities. That same criticism applies to the
decision to place the National Domestic Preparedness Office inside the FBI, and
to have it headed by an FBI Special Agent. Even with a structure organized
around a Deputy Attorney General, perhaps even with personnel detailed from
other Federal agencies, it is difficult to envision a DOJ structure that could
overcome this perception.
104 It is unlikely that the Director of FEMA could have this responsibility personally and directly, because
of the other significant requirements that FEMA has by statute and regulation
105 Contained in the U.S. Senate version of the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act for Fiscal Year 2001 (H.R. 4690). The provision was not
contained in the version that emerged from the conference between the House and Senate. H. Rept. 106
1005. That version, which has now passed both houses, is awaiting Presidential signature or a threatened
veto for other reasons.
106 Pursuant to Presidential Decision Directive 39.
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Autonomy and Neutrality Issues-For the same reasons that we stated for FEMA,
a DOJ entity would likely be viewed as parochial. Although DOJ has a number of
Federal programs designed to assist in the efforts to improve domestic response
capabilities for terrorism,107 that may be more of a negative than a positive
consideration. Any modification to those programs, approved by a Deputy AG,
would likely be interpreted as the "Department taking care of its own." By the
same token, even a Deputy AG, vested with the responsibility for coordinating
programs for combating terrorism, would be answerable to the Attorney General,
and not likely, therefore, to be viewed as having the requisite autonomy.
Lack of Visibility and Access-Having the responsibility for coordinating
programs to combat terrorism inserted into an existing agency with other
programs was also an issue that we considered for the "DOJ option." DOJ's
responsibilities cover everything from the responsibility for overseeing the entire
Federal criminal prosecutorial system, to major civil litigation, to immigration and
naturalization, to running Federal prisons. It is not likely that combating terrorism
would be high on the Department's priority list. Moreover, a Deputy AG would
not have the same measure of direct access to the President, as would the director
of an entity in the Executive Office.
Other Federal Departments. Other cabinet-level departments, most notably the
Department of Health and Human Services and the Department of Defense, were
considered but discounted for many of the same reasons cited for other agencies. In
addition, the Department of Defense would not be appropriate, politically palatable, or
publicly acceptable to assume the role of "lead agency."
Stand-Alone Presidential Advisory Council. We considered the merits and demerits of
having a council or commission to advise the President on national strategy and policy
for combating terrorism. There is much day-to-day work to be done in the coordination
of programs that span many Federal agencies, and that requires regular coordination with
State and local response entities. There are, nevertheless, considerable advantages to the
concept of having knowledgeable individuals providing such advice and assistance. For
that reason, we have included such a structure in our proposal for the National Office for
Combating Terrorism, through our recommendation for the establishment of a national
"Advisory Board for Domestic Programs."
107 Major combating terrorism programs are resident in the Office of Justice Programs, especially in the
National Institute of Justice and the Office for State and Local Domestic Preparedness Support.
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APPENDIX F-ISRAEL CASE STUDY
The author of this report visited Israel in August-September 1999, to study that
country's understanding of the CBRN terrorism threat and the measures that have
been taken there for both prevention and preparation.
Introduction
Two major factors color the potential for learning from Israeli counter-terrorism (CT)
experience. On the one hand, Israel has an unfortunately rich history of dealing with
terrorism, and has accumulated more than fifty years of strategic, tactical and technical
CT experience. On the other, Israel is an extremely small country, many of its CT
institutions are national and unified (as opposed to local and independent), and thus
relatively easy to manage, and its legal system is far more permissive towards law
enforcement vis-à-vis the country's citizens than is its American counterpart. While
these latter must give American policymakers pause when considering implementation of
Israeli CT lessons in the United States, the fact remains that Israel has a wealth of
technological and practical experience that is currently lacking in the United States, and
there is much to be learned from its institutions and individuals.
Israel's concerns with CBRN weapons date to the mid-1960s, when Egypt used chemical
weapons during its involvement in the Yemeni civil war. At that time, Israel's
parliament, the Knesset, passed a law mandating the procurement of protective gear
(masks and atropine injectors) for each and every Israeli citizen. Until the run-up to the
Gulf War, the protective gear was stored in warehouses. Since then, civilians have kept
their individual protective kits in their homes. What is important to note here is that
Israel has amassed more than 30 years' worth of experience in developing the means to
protect civilians from the threat of chemical and biological weapons (CBW). This
experience has manifested itself in the development of several generations of personal
protective equipment (PPE) as well as strategy.
While the main CBRN threat is still seen to come from neighboring states at wartime
(indeed, it is now assumed that CBW will be used against both soldiers and civilians in
any future war),108 it is has been suggested that Palestinian terrorists may seek employ
chemical agents against Israeli civilian and military targets.109 That said, a number of
experts suggest that the massive and often alarmist attention given to the CBRN terrorism
issue by American officials and the American media in recent years in fact helps to build
the atmosphere of fear that terrorists seek to create. Further, they posit that continued
widespread, overt discussion of the issue in these terms might make CBRN terrorism a
self-fulfilling prophecy. One Israeli professor has even begun to include Secretary of
108 Amos Harel, "Non-Conventional Warfare Becomes Conventional," Ha'aretz, July 20, 1999.
109 While impossible to verify using open-source materials, one of the leaders of the Egyptian terrorist
group, "Gama`at al-Jihad," told the London daily, al-Hayat, that his group and Osama bin Laden's "al-
Qa`idah" had biological and chemical weapons and had plans for 100 attacks against American and Israeli
targets around the world. Salah, Muhammad, "Musa`id al-Zuahari l-"al-Hayat": lidayna aslahah
biolojiya wakimawiya (Assistant to al-Zuahari to "al-Hayat": "We Have Biological and Chemical
Weapons"), Al-Hayat, Monday, April 19, 1999.
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Defense Cohen's July 1999 Washington Post op-ed piece, "Preparing for a Grave New
World" in his terrorism courses' reading lists as an example of what he sees as
counterproductive hysteria. This is not to say that these officials and experts want to
hush all discussion of the subject. Rather, they prefer a more organized and deliberate
information campaign that would inform the public about ongoing mitigation and
prevention efforts (e.g., telling the public that anthrax is treatable). Israeli officials
believe that terrorists would find CBRN weapons less attractive if the government took
measures to reduce public panic and by making it known that the country is prepared to
deal with the CBRN threat.
American-Israeli CT cooperation in general, and CBRN CT cooperation in particular, is
not new. A number of Memoranda of Understanding (MOUs) govern an already
prosperous relationship between the two countries' defense establishments. The Ministry
of Defense (MOD) on the Israeli side and the Office of the Secretary of Defense (OSD)
(defense issues) and National Security Council (NSC) (CT issues) in the United States
manage the coordination of this relationship, which includes joint research and
development (R&D), operations and development of doctrine. Following their July 1998
meeting in Washington, DC, President Clinton and Prime Minister Barak indicated that a
new MOU would be signed to widen cooperation in the field of CBRN CT.
Another area of mutual concern that was discussed between the two leaders was the
growing threat of WMD [weapons of mass destruction] terrorism. This was
acknowledged to be an area in which both countries stood much to gain from each other's
knowledge and experience. In order to enhance their capability to deal effectively with
this threat, it was agreed to sign a new MOU between their respective national security
institutions. It would facilitate broad cooperation between the various government
agencies in both countries in all areas associated with preparing and responding to WMD
terrorism.110
A senior Israeli defense official pointed out, however, that this new MOU would, in fact,
only be formalizing a relationship that has already been functioning for some time.
This essay, the fruit of an August-September 1999 fact-finding trip to Israel, presents
some of the fields in which the United States can benefit from Israeli know-how and/or in
which future cooperation can benefit both countries' efforts to combat CBRN terrorism.
Ministry of Defense NBC Protection Division
A 1995 MOU has fostered a technical R&D relationship between the United States and
Israel. A bilateral steering committee meets every six months to discuss current and
planned projects. Representing the United States is the Office of the Assistant Secretary
of Defense for Special Operations & Low-Intensity Conflict (OASD [SO/LIC]).
Representing Israel is the Ministry of Defense NBC (Nuclear, Biological and Chemical)
Protection Division.
110 The White House, Office of the Press Secretary, "Joint Statement by President Clinton and Prime
Minister Ehud Barak," Washington, DC, July 19, 1999.
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* Mission of the NBC Protection Division
The NBC Protection Division was established following the Gulf War of 1991 and is the
organization responsible for R&D in the field of chemical and biological (CB) defense
for all branches of the armed forces and the Home Front Command (HFC).111
The NBC Protection Division has numerous responsibilities, ranging from directing basic
research and managing the infrastructure in CB defense, to developing and maintaining
laboratories, research centers, and installations for analysis, initiating research and
feasibility studies, through the full scale development of protective equipment.
The NBC Protection Division covers all aspects of CB protection, including individual
and collective protection, the development of tools and methods for detection and
identification, decontamination and medical treatment, as well as threat analysis, risk
assessment, and modeling the behavior and dispersion of pollutants.
Finally, the NBC Protection Division acts as a senior advisory body to the MOD and the
Israel Defense Forces (IDF) General Staff for issues of CBRN doctrine and threat
analysis. The broad nature of the division's many activities means that its staff deals with
everything from respirator system batteries to policy decisions regarding the stockpiling
of medication, and was reflected in the number of topics raised by division staff.
The main focus of the NBC Protection Division's activities is the wartime CBRN threat.
While there are important, recognized differences between the preparations needed for
wartime CBRN attack and a terrorist CBRN attack, the former are seen as a base for the
latter.
* Research and Development
In the late 1970s, the MOD began to study how the Israeli public reacted to the gas masks
that the government was then stockpiling. The results of this research led to domestic
development of protective kits for children, for whom standard gas masks were found to
be inappropriate for a variety of reasons (e.g., the varied sizes and shapes of children's
heads and their impatience for wearing uncomfortable masks). Further experience was
gained during the Gulf War, when 300-400 thousand children used domestically
produced protective equipment. Recently, the U.S. Army bought approximately 3,500
Israeli kits for dependent women and children of personnel in South Korea.
Further R&D is ongoing for adult civilian as well as first responder PPE. Israeli
experience has demonstrated that hood-based systems are more comfortable, easier to
don and allow for greater user activity (e.g., search and rescue operations under CBW
conditions) than traditional mask systems. A new hood-based system, known as the First
Responders Mask (FIRM) has been developed as part of the technical cooperation
111 Descriptive information taken from the NBC Protection Division's information packet.
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program with OSD, and according to the specifications of a number of American
agencies. The system has undergone physiological testing in cooperation with the Army
Research Lab at Edgewood Area, Aberdeen Proving Ground, Maryland.
FIRM has run into a problem that is frequently mentioned by American officials dealing
with CBRN terrorism the lack of clear standards for non-military CBRN PPE.
According to National Institute for Occupational Safety and Health (NIOSH) rules,
products such as FIRM must be approved before their employment by first responders.
At the time of this writing (late 1998), FIRM had been held up in the NIOSH review
process for more than six months.
The NBC Protection Division has also made progress in the development of computer-
based, real time models that use current meteorological data to simulate the dispersion of
biological and chemical agents.112 Such models for battlefield dispersion are not new.
However, in response to the terrorist threat, the NBC Protection Division has expanded
these models to include chemical and biological agent behavior in urban areas as well as
in enclosed spaces (e.g., malls, tunnels, etc.). The Division is also developing a number
of CBW detectors.
* Response to the Biological Threat
Historically, most Israeli efforts for protecting the population from CBRN weapons have
focused on chemical weapons. However, following the Iraq crisis of January/February
1998, at which time Scott Butler told the New York Times that Iraq had enough
biological weapons to "blow away Tel-Aviv,"113 Israel began to direct significantly more
attention to the biological threat. Israel now stockpiles anthrax vaccine, in addition to the
stocks of atropine and antibiotics already in place.114 Currently there are enough doses of
antibiotics in storage to supply the entire country.
Ministry of Defense, Office of Strategic Dialogue and Cooperation, Directorate for
Foreign Affairs, Arms Control & Regional Security
This office is the main point of contact for cooperation between the MOD and both OSD
and NSC.
* General
The office's representative reiterates that both states and terrorist groups threaten Israel
with CBRN weapons. He contrasts these threats with those of the United States, where
112 Ahi Raz, "Tokhnat mahshev tahazeh kivun hitpashtut halakh ba'avir" (Computer Program Will Predict
the Direction of Chemical Agent Dispersal in the Air), Bamahaneh, October 23, 1998.
113 "Security Council Members Criticize Butler for Comments," Associated Press, February 5, 1998, at
http://cnn.com/WORLD/9802/05/iraq.butler.ap/index.html .
114 According to media reports, a locally developed anthrax vaccine is currently being tested on an
unspecified number of Israeli soldiers. "Report: Israeli Army Conducting Trials with Anthrax Vaccine,"
Associated Press, September 26, 1999.
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there is no threat to the home front from foreign states (except for that of strategic nuclear
weapons), but the terrorist threat may come from individuals as well as groups. He
accepts the "when, not if" premise of CBRN terrorism. He also points out that unlike
traditional counter-terrorism measures, which have come in response to attacks (e.g., the
increased security measures employed by El Al after the 1968 hijacking of an aircraft
from Rome to Algeria), measures to counter CBRN terrorism must be researched,
developed and deployed in advance of such an attack.
* The Biological Threat
A medical surveillance system is being developed featuring mapping software for
determining geographic morbidity patterns. As mentioned above, Israeli equipment and
doctrine are being developed in large part in conjunction with OSD.
* Refining the Response to CBW Terrorism
Since its founding in 1992, the HFC has been training to deal with chemical and
biological attacks in Israel's towns and cities, and it was considered the most natural
force of first responders to CBW terrorist attacks as well. However, the HFC is made up
primarily of reservists who typically would be mobilized in advance of Israel being
attacked. Mobilization takes time (up to 48 hours for full national mobilization). By its
very nature, terrorism often comes as a surprise and is likely at peacetime as well as
during war. It has become clear that a more appropriate role for HFC responders is to
support and supplement the true first responders to any security incident the national
Israel Police, the Fire Service, Israel's emergency medical service, Magen David Adom
(MDA), and the Ministry of the Environment (MOE).
The Israel Police is in command of emergency services at peacetime, and has formulated
its CBRN terrorism response doctrine for all relevant bodies with the assistance of the
HFC.
* Treatment of Victims
Israeli treatment doctrine has responders bring victims to the hospital as soon as possible
(i.e., before being decontaminated), while in the United States, decontamination typically
takes place near the scene of the incident. The reasoning behind the Israeli doctrine has
two elements. First, it will be difficult to control the population following a CBRN
incident and many ambulatory victims will arrive at the hospital on their own before
being decontaminated. Second, the Israelis do not share the apparent American concern
for contaminating rescue vehicles. A study by the IDF Medical Corps indicates that
victims with light and moderate chemical exposure are likely to have low concentrations
of CW material in their clothing. Stripping, covering and transporting the victim in a
vehicle with its windows open is believed to be safe and effective. For more heavily
exposed victims, special vehicles probably will be required. This system is in the process
of being examined, and it is likely that experiments using chemical and biological
simulants will be performed.
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* Exercises
Israel runs periodic large-scale disaster exercises, including simulated CBW missile and
terrorist attacks. One unique feature of the Israeli exercises that is often impossible to
implement in the United States for various legal and other considerations, is the use of
chemical and biological simulants to gain experience with and measure the effectiveness
of protective gear (both in terms of design and employment) and modeling software.
American officials have shown particular interest in this aspect of Israeli exercises. A
number of American officials from the military and the first responder communities have
observed Israeli exercises in the past and have been invited to future exercises as well.
Brigadier General (Res.) Yehiam Sasson, Office of the Prime Minister,
Counter-Terrorism Bureau
* Threat
General Sasson emphasizes the psychological impact of the CBRN terrorism threat,
pointing to the panic among the Israeli population before and during the Gulf War and
during the above-mentioned 1998 Iraq crisis. He points out that a large-scale attack is not
necessary in order to achieve the psychological effects desired by terrorist groups, which
already have crude CBW at their disposal (e.g., off-the-shelf chemicals, insecticides).
Further, the acquisition of materials (as opposed to their production), whether by
purchase or theft, or the blowing up of a production facility would give terrorist groups
CBRN capabilities while demanding no special technical expertise. Moreover, without
strict global supervision of military CBW, the general believes that these weapons will
eventually fall into the hands of terrorist groups.
Despite all of this, General Sasson points out that most terrorist groups are rational actors,
and as such are concerned about such things as public opinion, possible exposure of
nearby non-target populations and Israeli retaliation. He believes this latter largely
explains why CBRN weapons have not been used on a large scale to date.
* Preparation
According to General Sasson, the CBRN terrorism threat makes worst-case analysis
impossible. The magnitude of worst-case scenarios is so large that policymakers are
virtually paralyzed into inaction and do not know how to properly evaluate the true
extortive capability of the terrorists. This puts a premium on preparation, which
improves the authorities' abilities to cope and make sound decisions during crises, and on
prevention, which will require worldwide cooperation.
* United States-Israel Cooperation
General Sasson points to a number of fields where American-Israeli cooperation would
be most productive, including intelligence (to include technical intelligence), detection
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and identification equipment development for before, during and after CBRN weapon use
and continued R&D in first responder PPE.
* Public Awareness
(This topic will be addressed at greater length in the HFC section below.)
The CT Bureau supports limited public discussion of the CBRN terrorism issue for two
main reasons. First, if done wisely, prior familiarity with the issue and the government's
preparations will mitigate panic. Second, not only does the public want to be told what to
do in times of crisis, doing so will make the job of responders far easier as well.
Major General Gabi Ofir, Commanding Officer, IDF Home Front Command (HFC)
The HFC was established on February 17, 1992 in the wake of the Gulf War, the first war
in which the Israeli home front was the main theater of operations for the IDF. At
wartime, the HFC is in command of all emergency services in the country. The HFC is
responsible for providing Israel's citizens with a complete protection package. The
responsibilities that go along with providing this package include the setting of building
standards to withstand conventional and unconventional attacks, the distribution and
maintenance of personal protective kits (the main components of which are a mask and
an atropine injector), the administration of vaccines and other large-scale medical
services, the operation of the national early warning alert/siren system and a "lookout"
system to quickly identify bomb and missile strike sites, and the decontamination of areas
hit with CBW.
The HFC has devoted considerable efforts into developing a reliable and efficient public
information system, which is used during war- and peacetime. This system will be
reviewed in greater detail below.
While the HFC is, by design, geared toward wartime response to foreign missile and
bombing threats, the terrorism issue has been receiving attention for about one year. The
HFC has been working continuously with the Israel Police to develop the latter's
response doctrine for CBRN terrorism.
Colonel Avi,115 Head, Doctrine, Development & Rescue Department, HFC
One of the main ideas guiding Colonel Avi's work is the importance of speed.
Responders to a CBW incident must understand exactly what has happened as quickly as
possible. This information must then be passed on to decision makers and other
responders so that appropriate policy and emergency decisions can be made in a timely
fashion.
115 In accordance with standard practice, IDF officers who are not public figures are identified here only by
first name.
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In addition to the development of HFC response doctrine, Colonel Avi has been involved
in the preparation of other bodies for CBRN response. Some points on preparation:
ß
As part of the Israel Police's preparations for CBW attack, police mobile units have
been equipped with PPE.
ß
In line with the Israeli approach that has patients decontaminated at hospitals rather
than in the field, MDA's job in the field is almost purely for transportation.
ß
The HFC, though primarily based on reservists, is ready to support the civilian
rescue services as needed. The HFC maintains active duty, rapid response medical
teams throughout the country. Additionally, there are rescue teams and an NBC
team that can quickly respond anywhere in the country.116
* Information
Colonel Avi reiterates that information forms a critical part of HFC response doctrine. In
the meantime, however, a political decision has been taken not to discuss the CBRN
terror issue publicly at great length, so as "not to make it stand out too much." In any
case, the threat is not seen to be as great as is, for example, the Iraqi surface-to-surface
missile threat.
The focus on information is part-and-parcel of the importance that the HFC attributes to
psychological issues. This is also reflected in the fact that every HFC rescue battalion
includes a Civilian Behavior Officer (CBO). The CBO acts as a population barometer,
finding out what people know and feel, and what they don't. They provide immediate,
on-site psychological support services to the traumatized population and policy advice to
commanders and officials dealing with that population. The CBO also provides
psychological support to the rescuers themselves, who are typically exhausted and
worried about their loved ones at home, in addition to the fact that they have been
exposed to the victims of a disaster in their most grotesque states.
Lieutenant Colonel Revital, Head, Civilian Information and Training Branch, HFC
The Gulf War demonstrated the intense psychological forces at work among a population
under the threat of both conventional and unconventional weapons. The HFC has
devoted a great deal of effort to familiarizing the public with various civil defense topics
in the belief that these efforts will lead to 1) greater public cooperation in times of
emergency; 2) a reduced level of panic; 3) improved ability of a traumatized public to
return to life as usual after danger passes; and 4) a reduction in the attractiveness of
CBRN weapons in the eyes of the enemy due to well publicized, effective Israeli
consequence management. The goal is to have a calm yet alert public.
Israel, like the United States, has a large number of foreign language-speaking
immigrants among the population. As such, the HFC's public information materials are
produced in Hebrew, Arabic, English, Russian, Amharic (an Ethiopian dialect), and in
sign language.
116 See also Harel, "Non-Conventional Warfare Becomes Conventional."
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There are five primary topics covered by HFC information campaigns: 1) preparedness;
2) behavior during times of crisis; 3) personal protection kits; 4) sealed/security rooms in
the home; and 5) evacuation.
The Civilian Information and Training Branch, in conjunction with the IDF
Spokesperson's Unit, annually briefs the nation's broadcasters on relevant civil defense
topics as well as on how they should behave during times of emergency. Television and
radio stations are provided with pre-recorded HFC informational video- and audiotapes
for use during specific crises (e.g., chemical weapons attack) as well as a file of pre-
written official announcements. The Civilian Information and Training Branch with the
help of psychologists from the Civilian Behavior Branch write these announcements,
which also address specific civil defense issues. The motivation behind these briefings
and prepared statements is the perceived importance of uniformity in information coming
from official channels in order to reinforce the authority and reliability of such
information.
The HFC has soldier-instructors (all females) who provide instruction to fifth- and sixth-
graders across the country on civil defense matters. Thus, by age 11 all Israeli students
have been introduced to the threats that the Israeli home front faces, what is being done to
deal with these threats and what their responsibilities are as civilians.
The HFC also runs a national information center. The center has a limited staff at
peacetime, but in times of crisis the staff can be augmented to meet increased demand for
services. Here, too, language issues are important and are addressed by multilingual
operators. Fax service is available for hearing impaired citizens.
During peacetime, the Civilian Information and Training Branch takes advantage of and
creates opportunities to reach the public. The Branch places notices in newspapers
(again, in various languages), publishes a special section in the telephone directory and
has informational brochures available at municipalities around the country. These notices
and publications deal with a variety of civil defense topics, including proper techniques
for preparing a sealed room or shelter, how to wear a mask, how to behave when a siren
is heard, earthquakes, fires, hazardous materials and important telephone numbers.
Newspaper notices often have to do with the opening and closing of protective kit
distribution centers.
The HFC has a number of other methods for reaching the public. Media coverage of
HFC exercises is invited, including an annual CBW drill in educational institutions. The
IDF Internet site (http://www.idf.il/ Hebrew/English), features an HFC section that
provides information answers to frequently asked questions, in addition to covering most
of the topics addressed in the telephone directory pages. The soldier-instructors visit
companies and other organizations, in addition to the above-mentioned schools. Finally,
there is an annual "Home Front Week"-in fact, an intensive awareness campaign.
During wartime, the HFC will run a "telemesser," which is a dial-up automated
information system. The manned national information center will shift to 24-hour/seven-
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day staffing and regional centers will be opened as well. HFC representatives will be
assigned to municipal hotline centers around the country. IDF Radio will have a mobile
team broadcast from the center so that frequently asked questions can reach as broad an
audience as possible. Prepared HFC circulars will be carried by the newspapers and
topic-specific brochures will be distributed locally. The HFC will provide officials to be
interviewed by the media. Additionally, the HFC maintains a list of specialists who can
address relevant issues in times of crisis. These specialists receive briefings from the
HFC about how to work with the various media outlets. The number of operating
distribution stations for protective kits and information can jump from 16 (normally
operating) up to over 100. Finally, the HFC Behavior Branch will operate its "Population
Center," a kind of war room for dealing with civilian issues before and as they arise. The
HFC has trained a cadre of Emergency Population Instructors (again, all females) for
assisting in local crisis management.
The Civilian Information and Instruction Branch is currently working with the Israel
Police to address the latter's information needs for dealing with CBRN terrorism.
Yitzhak Goren, Deputy Director General, Ministry of the Environment (MOE)
The Ministry of the Environment is responsible for dealing with all types of chemical
dangers in Israel, including CW terrorism. The CW terrorism threat has been included in
ministry procedures and exercises since about 1994. From the standpoint of the MOE,
the only differences between an accidental spill and a terrorist attack are the probable
location (i.e., in an urban area as opposed to an industrial zone) and, thus, the number of
victims. These differences make response time more important.
The MOE has been working with the Israel Police and the Fire Service to help them
prepare for the possibility of CW terrorism. To date, thousands of police officers have
already taken courses dealing with event identification, management and assessment.
The MOE's Chemical Materials Treatment School runs a number of incident
management courses annually for local authorities, Fire Service and IDF personnel, and
additional courses for emergency dispatchers.
The MOE runs a national HAZMAT information center 24 hours a day, seven days a
week in cooperation with the HFC. The information center is notified by the Israel Police
and Fire Service in the event of a chemical incident, collects information and guides
those in the field. Further, the center has a detailed, continuously updated record,
including mapping software, of the location of all concentrations of hazardous materials
in the country.
There are MOE HAZMAT treatment units throughout Israel, in addition to units run by
local authorities (in full accordance with MOE standards). The units can rapidly respond
anywhere in the country and are staffed by trained chemists. The units are now trained
and equipped to detect and neutralize commercial as well as military chemical agents.
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Mr. Goren and other officials from Israel attended an exercise in Wichita, Kansas in
August 1998, and expressed interest in continued and expanded information and training
cooperation with relevant American agencies.
Lieutenant Colonel Boaz, MD, Head, NBC Branch, IDF Medical Corps
Major Amnon, MD, NBC Branch, IDF Medical Corps
Boaz I. Lev, MD, Associate Director General, Ministry of Health (MOH)
These health professionals are working together to prepare the nation's medical system to
deal with various CBRN threats, both from terrorism and warfare.
The medical surveillance system described above is being developed by the MOH with
the IDF Medical Corps acting as a "professional advisor."
IDF Medical Corps and MOH personnel have given lectures at each of Israel's 24
hospitals. All doctors at these hospitals have received training for dealing with CBW
victims. Hospitals have the necessary procedures, equipment and supplies in place to
rapidly set up decontamination lines. These procedures are regularly drilled by hospital
personnel in conjunction with other responder agencies, often as part of a larger regional
disaster exercise.
Since the Iraq crisis, Drs. Boaz and Lev have been in constant contact with a number of
American bodies, including the Department of Health and Human Services (DHHS), the
Centers for Disease Control and Prevention (CDC), the U.S. Army Medical Research
Institute of Infectious Diseases (USAMRIID) and other DoD and local agencies.
Professor Ehud Sprinzak, The Hebrew University of Jerusalem
Professor Sprinzak, perhaps Israel's most prominent academic expert on terrorism, wrote
an article, "The Great Superterrorism Scare," in the Fall 1998 edition of Foreign Policy.
Sprinzak defines superterrorism as "the strategic use of chemical or biological agents to
bring about a major disaster with death tolls ranging in the tens or hundreds of
thousands."117 In that article, Sprinzak, posits that "...as horrifying as [CBW terrorism]
may be, the relatively low risks of such an event do not justify the high costs now being
contemplated to defend against it,"118 a position he still maintains.
An important point made by Sprinzak and others is that because of the political nature of
terrorism, and the poor political returns that would likely result from a CBRN terrorist
attack for most political movements, CBRN attacks may be more likely to be attempted
by groups that are on the verge of extinction (e.g., groups that have suffered major
leadership blows due to arrest or death). With little to gain or lose, such groups may
want to "go out with a bang."
117 Ehud Sprinzak, "The Great Superterrorism Scare," Foreign Policy 112 (1998): 116.
118 Sprinzak, 111.
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Sprinzak explains the widespread worry in the United States as being the result of three
major factors: 1) sloppy thinking (i.e., the failure of most "to distinguish among the four
different types of terrorism: mass-casualty terrorism, state-sponsored chemical- or
biological-weapons (CBW) terrorism, small-scale chemical or biological terrorist attacks,
and superterrorism."); 119 2) vested interests (i.e., by those who make PPE, detection
equipment, etc.); and 3) morbid fascination ("People love to be horrified."). 120 While
believing that there are relatively few prospects for superterrorism in the near future,
Sprinzak does agree that on the small-scale, tactical level, "there will be an increase in
CBW use if only because it stirs the imagination."
In policy terms, Sprinzak recommends a low-cost (i.e., in proportion to his understanding
of the threat) package that includes improved international and domestic deterrence,
better intelligence,121 "smart and compact consequence management teams,"
psychopolitical research to gain better insight into the "psychological mechanisms that
may compel terrorists to contemplate seriously the use of weapons of mass
destruction,"122 and finally, reduction of unnecessary superterrorism rhetoric.123
Colonel (Res.) Dr. Dany Shoham, Bar-Ilan University, Begin-Sadat (BESA) Center
for Strategic Studies
Dr. Shoham is a medical microbiologist, and served as a senior analyst in the IDF's
Intelligence Corps, specializing in chemical and biological warfare. In 1998, Dr. Shoham
published Chemical and Biological Terrorism: An Intensifying Profile of a Non-
Conventional Threat through the Ariel Center for Policy Research, in which he provides
a detailed and well-documented chronology of Middle East and global CBW terrorism-
related events, the former dating to 1964 and the latter to 1978.124
Dr. Shoham believes that bioterrorism is likely to be the preferred mode of CBRN
terrorism due to its potential efficiency, it being indistinguishable (at least at first) from a
natural event125 and the difficulties involved in tracing its source. That said, he estimates
that it is about 1½ times more difficult to acquire a BW capability than a CW capability.
He makes it clear that acquiring capability does not necessarily mean that terrorists will
be able to produce chemical and biological agents. Rather, these agents could be bought,
stolen or transferred from a CBW-producing state. This latter is interesting in that while
most analysts believe that the fear of such weapons being turned on the donor states make
119 Sprinzak, 116.
120 Sprinzak, 118.
121 Perhaps indicative of the less restrictive environment in which Israeli law enforcement officials operate,
Sprinzak asserts that "[p]roper CBW intelligence must be freed from the burden of proving criminal
intent." Sprinzak, 121. While this would certainly make preemptive intelligence work easier, it is not clear
that such an idea would fly in the United States among legislators and civil rights advocates.
122 This call fo r more psychological research is echoed in Jerrold Post, M.D. and Dr. Ehud Sprinzak,
"Searching for Answers: Why Haven't Terrorists Used Weapons of Mass Destruction?" Armed Forces
Journal International 135.9 (April 1998): 16-7.
123 Sprinzak, 118-22.
124 Dany Shoham, Chemical and Biological Terrorism: An Intensifying Profile of a Non-Conventional
Threat (Tel-Aviv: Ariel Center for Policy Research (ACPR), 1998), 17-28.
125 Shoham, 10.
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their transfer unlikely, Dr. Shoham suggests that terrorists could provide "a state with a
cheap way to test the effectiveness and dispersal techniques of such products..." and
thus, "cannot be wholly ruled out."126
Dr. Shoham divides the CBRN terrorism threat into three elements: 1) technical
feasibility, 2) probability and 3) impact. He believes that CBRN terrorism is highly
feasible (8 on a scale of 10) and would have a great impact (9/10). He believes that such
an attack today is rather unlikely (3/10), though this probability is slowly "crawling"
upwards. He goes beyond General Sasson's assessment regarding impact, saying that
there is no correlation between dispersability/effectiveness and [psychological] impact.
As for public information, he suggests finding an "information balance" that will
moderate or prevent public panic.
Conclusion
The Israelis have clearly dedicated a great deal of time, thought and resources to
preparing for both general and specific CBRN threats.
Israeli responders will continue to engage in large-scale, complex exercises involving
CBW simulants and new PPE and detection equipment in a variety of urban and rural
settings. American officials from all levels of government have taken advantage of these
exercise opportunities to learn from Israeli experience and should continue to do so. It
should be pointed out, however, that perhaps the most important lesson to be learned
from Israeli exercises is that the exercises themselves are a vital part of the Israeli
response plan. The Israelis can provide valuable assistance in the formulation and
execution of a broad spectrum of exercises in the United States. The Israelis consulted for
this study without exception welcomed the prospect of enhanced bilateral cooperation.
American mental health and consequence management professionals stand to benefit
from the extensive work done to date by HFC psychologists, the HFC Civilian
Information and Training Branch and the IDF Spokesperson's Unit. To be sure, each
society's psychological needs are different, however the Israeli work in message
formulation for a diverse, multilingual population, development of relationships with the
mass media and integration of mental health specialists in the disaster management
process is worthy of future study.
In terms of CBRN CT technology, the Israelis have much to gain from American know-
how and economies of scale. The small Israeli market makes it relatively easy to
stockpile antibiotics and manage crises, but it also makes R&D costs per capita quite
expensive. Producing for the 270 million people that make up the U.S. market certainly
holds economic advantages when compared to doing so for the six million people in
Israel alone. The United States, for its part, stands to benefit from 30 years of Israeli
technical and operational experience and the lessons learned from Israeli studies that are
not likely to be feasible in the United States. It appears that both sides stand to gain from
continued and enhanced cooperation in the CBRN CT field.
126 Shoham, 7-8.
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Abbreviations
BSD Biosensor Systems Design, Inc.
BW Biological Weapons
CB Chemical and Biological
CBO Civilian Behavior Officer
CBRN Chemical, Biological, Radiological and Nuclear
CBW Chemical and Biological Weapons
CDC Centers for Disease Control and Prevention
CT Counter-Terrorism
CW Chemical Weapons
DHHS U.S. Department of Health and Human Services
DoD United States Department of Defense
EMS Emergency Medical Services
FIRM First Responders Mask
HAZMAT Hazardous Materials
HFC IDF Home Front Command
ICT International Policy Institute for Counter-Terrorism
IDF Israel Defense Forces
MDA Magen David Adom (Red Star of David); Israeli national
emergency medical service
MOD Israel Ministry of Defense
MOE Israel Ministry of the Environment
MOH Israel Ministry of Health
MOU Memorandum of Understanding
NBC Nuclear, Biological and Chemical
NIOSH National Institute for Occupational Safety and Health
OSD Office of the Secretary of Defense
PPE Personal Protective Equipment
R&D Research and Development
USAMRIID U.S. Army Medical Research Institute of Infectious Diseases
WMD Weapons of Mass Destruction
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Bibliography
Cohen, William S. "Preparing for a Grave New World." Washington Post, July 26,
1999: A19.
DeGiovanni, Cleto, Jr. "Domestic Terrorism With Chemical or Biological Agents:
Psychiatric Aspects." American Journal of Psychiatry 156 (1999): 1500-5.
Ganor, Boaz. "Nonconventional Terrorism: Nuclear-Chemical-Biological." Survey of
Arab Affairs, 15 August 1995.
Harel, Amos. "Non-conventional Warfare Becomes Conventional" (English). Also
published as "Hakhanah l'khimiah v'biologiah" (Hebrew). Ha'aretz, July 20,
1999: 43.
Israel Defense Forces. IDF Official Web Site. Internet: http://www.idf.il/.
Israel Defense Forces, Home Front Command. "Meida` shehashuv l'da`at b'nosei
hitgonenut ezrahit (Important Information to Know about Civil Defense
Matters)." Dapei Zahav (Golden Pages) North 06. Ramat Gan: Dapei Zahav
Publishers, 1998: 56-9.
Israel Ministry of Defense NBC Protection Division. Israel CB Defense Equipment. Tel-
Aviv: Israel Ministry of Defense, n.d.
"Israel Tries to Calm Nervous Public over Attack Threat." CNN Interactive, February 3,
1998, http://cnn.com/WORLD/9802/03/israel.iraq/index.html.
Krasner, LTC Esther. Analysis of the Failure Mechanisms as Criterion for Development
of Respiratory Protective Systems. Tel-Aviv: Israel Ministry of Defense, n.d.
Post, Jerrold, M.D. and Dr. Ehud Sprinzak. "Searching for Answers: Why Haven't
Terrorists Used Weapons of Mass Destruction?" Armed Forces Journal
International 135.9 (April 1998): 16-7.
Raz, Ahi. "Tokhnat mahshev tahazeh kivun hitpashtut halakh ba'avir (Computer
Program Will Predict the Direction of Chemical Agent Dispersal in the Air)."
Bamahaneh, October 23, 1998.
"Report: Israeli Army Conducting Trials with Anthrax Vaccine." Associated
Press, September 26, 1999.
Salah, Muhammad. "Musa`id al-Zuahari l-"al-Hayat": lidayna aslahah biolojiya
wakimawiya (Assistant to al-Zuahari to "al-Hayat": We Have Biological and
Chemical Weapons)." Al-Hayat, Monday, April 19, 1999.
"Security Council Members Criticize Butler for Comments." Associated Press,
February 5, 1998, http://cnn.com/WORLD/9802/05/iraq.butler.ap/index.html.
Shoham, Dany. Chemical and Biological Terrorism: An Intensifying Profile of a Non-
Conventional Threat. Tel Aviv: Ariel Center for Policy Research (ACPR), 1998.
Sprinzak, Ehud. "The Great Superterrorism Scare." Foreign Policy 112 (1998). Fall
1998: 110-24.
Steinberg, Gerald M. "Israeli Responses to the Threat of Chemical Warfare." Armed
Forces and Society 20.1 (1993). Fall, 1993: 85-101.
Susser, Leslie and Yael Haran. "A Silent Terror." Jerusalem Report, March 29, 1999:
20-2.
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"Weapons Officials Arrive in Baghdad for Fresh Round of Talks." CNN Interactive,
January 31, 1998, http://cnn.com/WORLD/9801/31/iraq.mood/index.html.
The White House, Office of the Press Secretary. "Joint Statement by President Clinton
and Prime Minister Ehud Barak July 19, 1999." Washington, DC, July 19, 1999.
Acknowledgements
The author is grateful to Mr. Moshe Fox, director of the North American Division of the
Israel Ministry of Foreign Affairs and to Major General Zeev Livne (Israel Defense
Forces), currently the Israeli Defense and Armed Forces Attaché to the United States, for
their generous assistance, without which this study would not have been possible.
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APPENDIX G-LOS ANGELES AREA CASE STUDY
This case study, conducted in Los Angeles in early 2000 by RAND at the request of the
"Gilmore Commission," examines CBRN counter-terrorism policies and organization,
the state of responder training, the status of federal assistance and other relevant factors
in Los Angeles. The study also details the rash of anthrax hoaxes that occurred in Los
Angeles starting in December 1998, and the local response to them. The Gilmore
Commission believes that the lessons learned in Los Angeles are relevant to jurisdictions
nationwide and that the federal government can 1) aid in the dissemination of the lessons
learned in Los Angeles in the course of developing its CBRN preparedness program; and
2) participate in educating agencies at all levels of government in the effective use of the
methodologies employed in Los Angeles to draw relevant conclusions from experience
and turn them into practice.
While Los Angeles is unique among large metropolitan areas in the United States in
terms of population, area, jurisdictional structure and other factors, there is much to be
learned from the experience of Los Angeles's local responders in preparing for terrorism.
This case study, requested by the Advisory Panel to Assess Domestic Response
Capabilities for Terrorism Involving Weapons of Mass Destruction (hereafter the
"Gilmore Commission"), and conducted in Los Angeles in early 2000, examines the
response structure, policies, state of responder training and other relevant aspects of, as
well as the role the federal government has played in, terrorism preparation in Los
Angeles.127 The Gilmore Commission, having examined the state of preparedness in
cities across the United States, observed that Los Angeles responders were further along
in the planning and training than most other metropolitan areas. Further, the Commission
believes that the lessons learned in Los Angeles are relevant to jurisdictions nationwide
and that the federal government can 1) aid in the dissemination of the lessons learned in
Los Angeles; and 2) participate in educating agencies at all levels of government in the
effective use of the methodologies employed in Los Angeles to draw relevant conclusions
and turn them into practice.
Specifically, this case study focuses on two elements of Los Angeles County terrorism
preparation that are of particular interest to jurisdictions nationwide. First of these is the
Los Angeles County Terrorism Early Warning Group (TEW), a collaborative,
coordinating mechanism by and for local responders in the county. Second are the
lessons learned from the rich experience gained in dealing with a rash of anthrax hoaxes
since late 1998. Before presenting these two elements, the case study provides the reader
with further background on the state and structure of terrorism preparedness as well as on
local responder training in Los Angeles. Responder observations on preparing for
terrorism response and a section detailing policy recommendations conclude the study.
BACKGROUND
Los Angeles County is a particularly complex operational area, with 88 different cities
and 42 separate law enforcement agencies. The county has its own fire department, as do
127 Throughout this study, "Los Angeles" refers generally to the greater Los Angeles metropolitan area.
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many of the individual cities. This structure necessitates frequent and complex multi-
jurisdictional emergency responses. By state law, California emergency responders
follow the State Emergency Management System (SEMS), a state-specific version of the
Incident Command System (ICS).128
In the event of a chemical, biological, radiological or nuclear (CBRN) terrorist attack,
some or all of the following agencies could be expected to respond (ordered
alphabetically):129
* Federal Bureau of Investigation (FBI), Los Angeles Field Office
* Los Angeles City Fire Department (LAFD)130
* Los Angeles County Department of Health Services (DHS)
* Los Angeles County Fire Department (LACoFD)131
* Los Angeles County Sheriff's Department (LASD)
* Los Angeles Police Department (LAPD)
LOCAL RESPONDING AGENCIES:
A SNAPSHOT OF ROLES AND PROGRESS TO DATE
LASD Emergency Operations Bureau (EOB)
The EOB has a full-time Terrorism Sergeant who is responsible for coordinating the
Terrorism Early Warning Group (TEW, discussed below), co-developing inter-agency
terrorism response and administering a counter-terrorism technology test bed. The
Sergeant provides counter-terrorism analysis for the LASD.
The EOB has headed the development of standardized training for local responders in the
county. It was felt that federal training materials did not sufficiently address the specific
structural and training needs of Los Angeles County. As a result, the EOB applied for,
and received a $250,000 grant from the U.S. Department of Justice (DOJ) for the
development of the courses and the suite of training videos mentioned above.
128 The Incident Command System (ICS) is a standard management system for command, control and
coordination of emergency responders used nationwide. For more information on ICS, see Federal
Emergency Management Agency, Emergency Management Institute, Basic Incident Command System
(ICS) Independent Study IS-195, January 1998. For more information on SEMS, see
http://www.fema.gov/pte/exp_06.htm.
129 This list is not intended to be exhaustive. Depending on the nature, scale and location of the incident,
various local responding agencies might be involved (e.g., Los Angeles World Airports have their own,
separate police force).
130 Including the department's Hazardous Materials Unit (HAZMAT).
131 This includes HAZMAT and Health/HAZMAT. The Health/HAZMAT Division of the Los Angeles
County Fire Department oversees HAZMAT units and is the county authority for determining when a
contaminated area is sufficiently clear of contaminants.
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LAPD
The LAPD Emergency Operations Section is responsible for the development of policies
and procedures relating to LAPD response to "unusual events." In this capacity, the EOS
authors and distributes the LAPD Emergency Operations Guide and the Supervisor's
Field Operations Guide, which feature sections on terrorism awareness and response.
Since 1998, these sections have addressed the possibility of CBRN as well as
conventional attacks.
The LAPD Anti-Terrorist Division's primary objective is "the prevention of significant
disruptions of public order in the City of Los Angeles." The ATD investigates
individuals or groups that "plan, threaten, finance, aid, abet, attempt or perform unlawful
acts that threaten public safety."132 Both the EOS and ATD are represented in the TEW.
Fire Departments-Los Angeles County Fire Department (LACoFD) & Los Angeles
City Fire Department (LAFD)
As there are many law enforcement agencies in the Los Angeles area, so too for fire
departments. LACoFD and LAFD each maintain a three-unit HAZMAT task force and
has a terrorism coordinator. Battalion Chiefs from both LACoFD and LAFD co-chair the
Inter-Agency Board's (IAB) Subgroup on Personal Protective Equipment (PPE).133 The
equipment list used by the National Domestic Preparedness Office (NDPO) and later
adopted by the IAB was largely formulated in Los Angeles. LAFD played a dominant
role in the anthrax hoaxes that took place in the city in late 1998. As of August 2000 all
LAFD and LACoFD personnel have been trained to conduct mass casualty
decontamination and are equipped to do so as well.
LACoFD Health/HAZMAT Division
The Health/HAZMAT Division is responsible for the enforcement of HAZMAT-related
federal, state and local environmental laws in Los Angeles County. In the event of a
HAZMAT incident, CBRN or otherwise, this office is the only authority in the county
that can certify a contaminated area as clean. As such, Health/HAZMAT technicians fill
a supervisory role over the HAZMAT units within the county that are charged with the
actual cleanup of contaminants. This function puts a premium on identification of
hazardous material. Thus, Health/HAZMAT plays a lead role in the early identification
of CBRN agents.
Los Angeles County Department of Health Services (DHS)
132 Official Website of the Los Angeles Police Department, http://www.lapdonline.org/.
133 The IAB consists of leading subject matter experts from local, state and national response organizations
and is co-chaired by DoD and DOJ. The IAB has developed a standardized equipment list for WMD
response operations, which ensures equipment standardization and interoperability at the local, state and
federal levels. See Combined Statement of Department of Defense Witnesses: Preparedness for a
Biological Weapons Attack, http://www.nbcindustrygroup.com/document1.htm.
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DHS is actively involved in a number of aspects of CBRN terrorism preparation. Among
these are TEW participation, the expansion of the disease surveillance system to include
symptoms caused by potential biological agents, the establishment of the Metropolitan
Medical Response System,134 the stockpiling of CBRN treatments and the training of
medical and paramedical personnel.
Caches of medical supplies are maintained at several sites throughout the county, and can
be transported by ground or air.
All paramedics in Los Angeles County public and private receive their training
through DHS. The five-month course now includes three hours of CBRN response
training. DHS has trained personnel at over 50 county hospitals in CBRN treatment.
Notably, this latter training has come completely from the DHS budget, with no financial
assistance from any federal programs.
Los Angeles World Airports (LAWA)
Los Angeles World Airports is the one of two financially self-sufficient departments in
the city, funded entirely from takeoff, landing, and other airport fees. The department
operates its own police force, which is separate from LAPD. By virtue of the size and
importance of Los Angeles International Airport (LAX), it was felt that the airport was a
particularly attractive target for terrorists. LAWA owns several mobile mass
decontamination units, which it operates in cooperation with LAFD. Via mutual aid
agreements, these units contribute to the overall preparedness of the Los Angeles area, a
fact demonstrated during the DNC when they were pre-positioned for use.
COORDINATING TERRORISM RESPONSE
In 1996, in an effort to coordinate the terrorism response efforts of the various relevant
agencies operating there, Los Angeles County formulated its first terrorism response
plan. As a result of this effort, two coordinating bodies emerged (see Figure 1). First is
the Terrorism Working Group. In 1996, the Los Angeles operational area established the
TWG, to be chaired by the inter-agency Los Angeles County Office of Emergency
Management (OEM). The key members are the FBI, the LASD, the city and county fire
departments, DHS, as well as the California Office of Emergency Services. The TWG
guides broad policy and facilitates most of the county's counter-terrorism planning,
training and grant application efforts. The TWG convenes regularly, and has no
operational role during a terrorist event. It is overseen by the county's Emergency
Management Council, which is comprised of the county's Chief Administrative Officer,
Sheriff, Fire Chief and the heads of other key county departments. The TWG tasks some
specific policy-related oversight to three subcommittees: the Bioterrorism Working
Group, the Metropolitan Medical Response System (MMRS) Management Committee,
and the Grant Steering Committee.
134 Los Angeles is also the home of the Western National Medical Response Team.
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The second terrorism response coordinating body in Los Angeles County, which does
have an operational role, and informs the policy decisions of the TWG, is the Terrorism
Early Warning Group. Because of this operational role in coordinating the county's
response to a terrorist event, it is of particular interest to this analysis.
Emergency Management Council Sheriff
Terrorism Working Group Terrorism Early Warning Group
Bioterrorism Working Group Metropolitan Medical Response System (MMRS) Grant Steering Committee Net Assessment Group
Management Committee Playbook Committee
Directed Energy Subcommittee
MMRS Health Advisory Committee MMRS Technical Advisory Committee Training Committee
Video Task Force
Figure 1. TWG Organizational Structure. Courtesy of Los Angeles County Sheriff's Department
Emergency Operations Bureau (EOB).
TERRORISM EARLY WARNING GROUP (TEW)
TEW Mission
The role of the TEW is to monitor trends and potentialities that may result in terrorist
threats or attack within Los Angeles County. Because of poor information flow between
the national intelligence community and local responding agencies,135 the TEW was
founded as an indications and warning/net assessment element to evaluate open source
data and research threat information in order to inform incident commanders and guide
TWG training and planning efforts. The TEW works to identify precursor events when
assessing trends and potential threats with an eye toward prevention and mitigation.
TEW Participants
TEW participants include core and cooperating agencies. The core agencies are the
LASD, LAPD, LAFD, LACoFD, DHS and the FBI. Cooperating agencies include:
California Office of Emergency Services Law Enforcement Branch, Federal Aviation
Administration Security, Long Beach Emergency Management, Long Beach Fire
Department, Long Beach Health Department, Long Beach Police Department, Los
Angeles County District Attorney's Office, Los Angeles World Airports (Los Angeles
International and Ontario Airports), Metropolitan Transportation Authority, the National
135 There are numerous problems in the dissemination of intelligence from federal to local agencies. Aside
from classic agency-proprietary "hoarding" of information, the free flow of potentially relevant information
to local responders is hindered by the sensitivity of the information, much of which is classified for reasons
of national security.
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Security Studies Program at California State University, San Bernardino, RAND, the
California Highway Patrol, the United States Secret Service, United States Customs and
others.
The TEW is constituted as a committee, with its work facilitated by a Sergeant from the
LASD Emergency Operations Bureau (EOB) who serves as the group's coordinator. The
EOB disaster intelligence and threat assessment staff serves as group secretariat and
designated interagency point of contact.
Additional members are drawn from the law enforcement, fire, and medical communities.
Researchers working in national security participate to strengthen the group's ability to
assess future threats. Various federal agencies also participate as ex officio observers.
TEW MEMBERSHIP
Public sector representatives Roles
LASD Emergency Operations Bureau (EOB) TEW Coordinator and Secretariat
LASD Special Investigations Section (SIS) LASD Crisis Management Liaison
LAPD Emergency Operations Section (EOS) LAPD Crisis and Consequence Management
Liaison
LAPD Anti-Terrorist Division (ATD) LAPD Crisis Management Liaison
L.A. City Fire Department (LAFD) Fire Service Liaison
L.A. County Fire Department (LACoFD) Fire Service Liaison
L.A. County Department of Health Services (DHS) Disease Surveillance/Medical Liaison
California Office of Emergency Services-Law State/Law Enforcement Liaison
California Office of Emergency Services-Fire State/Fire-Rescue Liaison
Los Angeles Airport Police Bureau LAX Police Liaison
Federal Bureau of Investigation L.A. Division Liaison
Non-governmental representatives
RAND representatives Policy Studies & Trends Identification
National Security Studies Program, CSUSB Policy Studies & Trends Identification
National Law Enforcement and Corrections Technology Integration
Technology Center West
Primary "As-Needed" Members
United States Coast Guard Maritime Liaison
L. A. County Office of Emergency Management County Agency Liaison
Bureau of Alcohol, Tobacco and Firearms ATF/ Bombing Liaison
Immigration and Naturalization Service Immigration Liaison
U.S. Customs Service (Criminal) High-tech (WMD) Proliferation Liaison
LASD Arson/Explosives Bomb Squad
LAPD Bomb Squad Bomb Squad
LASD Computer Crimes Information Warfare Issues
Metropolitan Transportation Authority Transit System Liaison
Long Beach Police Department Crisis Management Liaison
Table 1. TEW Membership (Courtesy of EOB)
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A listing of member agencies and their roles is provided in Table 1, above. Additional
agencies are incorporated into the TEW on an as-needed basis, depending upon the
particular threat faced and its probable venue.
TEW secretariat personnel also act as liaison to the Sheriff's Special Investigations
Section (SIS) and the LAPD's Anti-Terrorist Division (ATD). When an incident occurs,
members of the TEW may augment the Plans/Intelligence Section of the County
Emergency Operations Center (CEOC) or the incident's Unified Command Structure
(UCS).
Monitoring Trends and Potential Threats
Since its inaugural meeting in April 1996, the TEW has been a focal point for analyzing
the strategic and operational information needed to respond to and prevent terrorism and
protect critical infrastructure. Special emphasis is placed on the early detection of
emerging threats, including acts employing CBRN weapons and information warfare (IW
or cyber-terrorism). The TEW supports the CEOC, the TWG and the Los Angeles
County Metropolitan Medical Response System (MMRS). The TEW cooperates with
criminal intelligence groups (such as the FBI-headed Los Angeles Task Force on
Terrorism) to provide the Unified Command at a terrorist incident with a net assessment
of response capabilities and the projected event horizon. To develop the analytic skills
necessary to assess trends and potentials and conduct a net assessment, the group
conducts regular briefings and training exercises.
TEW Monthly Meetings
Monthly TEW meetings typically start with the introduction of all participants and a brief
review of the minutes from the previous month's meeting. A guest speaker, or a regular
TEW participant with special knowledge then presents a briefing on a specific, relevant
topic. The goal of the briefings is to educate TEW participants on emerging or changing
terrorism-related issues. Recent TEW briefings have included topics as diverse as CBRN
Terrorism, Advanced Terrorism Concepts and the Non-State Soldier, Future War and
Terrorism (Terrorism in Strategic Context), Recent Trends: Gangs, Mercenaries and
Drugs, Critical Infrastructure Protection, Preparing for Information Age Conflict, and
Technology for Cyber-terrorism.
The EOB staff then gives a review of open source intelligence (OSINT). This includes
local, national and international media reports and trends and milestones that have a
potential local impact. Finally, each of the participants is given an opportunity to raise
relevant issues that have come up or are foreseen in the coming months. The TEW
meetings are beginning to include short group exercises based on hypothetical terrorism
scenarios.
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Terrorism Early Warning Group
(TEW)
OSINT Indications & Warning
Consequence Assessment
Playbook Subcommittee Net Assessment Group Emerging Threats Subcommittee
Playbooks Threat/Consequence Assessment Directed Energy
Target Folders Course of Action Development (Radio Frequency Weapons/Lasers)
Mission Folders Emerging Weapons
Figure 2. TEW Organizational Structure (Courtesy of EOB)
TEW Organizational Structure
In addition to the TEW's monthly general meetings to discuss indications and warnings,
there are three subcommittees, whose members address specific counter-terrorism topics
and tasks. The TEW's organizational structure is depicted in Figure 2.
The Playbook Subcommittee develops general guidance for responding to specific classes
of threat. Biological and chemical terrorism as well as water distribution attack response
playbooks already have been completed. The subcommittee is currently building food
surety and radio frequency weapons (RFWs) playbooks. Future plans include work on a
radiological and nuclear playbook as well as playbooks to address several other types of
threats. Also in development are standardized response information folders (also known
as "target folders") for key venues that might be subject to attack in Los Angeles County.
The Emerging Threats Subcommittee, previously known as the Directed Energy
Subcommittee, has examined emerging weapons such as RFWs, transient electronic
devices, and laser strikes against civil aircraft. These threats, while not fully mature, are
evolving.
The Net Assessment Group is a subcommittee that operates when a threat emerges or an
incident occurs. The Net Assessment Group develops incident-driven, task-oriented
advice for the Unified Command Structure. Specifically, the group will provide the UCS
with an assessment of the impact of an actual attack on the operational area, gauge
resource needs and shortfalls, continuously monitor and assess situational awareness and
status, and act as the point of contact for inter-agency liaison in order to develop options
for courses of action toward incident resolution. In the process, the group develops an
intelligence collection plan toward the development of available courses of action
specific to the given threat or scenario. The courses of action are packaged with target
folders and other intelligence products to create a mission folder to be delivered to the
incident commander and/or other relevant players. The group is currently standardizing
the mission folder format.
Figure 3 details the directions of information flow in and out of the Net Assessment
Group. Using virtual "reachback" tools, the Net Assessment Group, the incident
commander and/or other off-site specialists could discuss the mission folder and response
parameters while they are en route to the incident scene. Five cells make up the group.
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The Officer-in-Charge (OIC) Cell represents the commander's intent, and interacts with
the various agencies that participate in the field response. The real hub of the group,
however, is the Analysis and Synthesis Cell. This cell is comprised of analysts that
coordinate intelligence tasking for the other group cells as part of the overall collection
plan in order to estimate the scope and impact of the event. The cell will synthesize
gathered information and generate a clear product for the Unified Command Structure
and others via the OIC Cell. Attachment II details the dissemination paths for the various
TEW products.
The remaining three cells support the OIC and Analysis and Synthesis cells. The
Consequence Management Assessment Cell includes representatives of the law
enforcement side of consequence management, the fire service, HAZMAT specialists,
and health practitioners. These specialists bring their respective expertise to bear on the
net assessment. The Public Health/Epidemiological Intelligence Cell, like the
Consequence Management Cell, includes relevant specialists, in this case coming from
the public health sector. In order to generate more informed medical analysis, this cell
also makes use of real-time disease surveillance. Finally, the Crisis
Management/Investigative Liaison Cell draws on the expertise of criminal intelligence
groups, such as the Los Angeles Task Force on Terrorism, the FBI, LAPD Anti-Terrorist
Division and the local bomb squads. If needed, this cell can send information directly to
the officer in charge.
The last component of the group is the "Intelligence Toolbox," which includes forensic
intelligence support and all other resources that can assist in the assessment. Forensic
intelligence offers traditional forensic support as well as CBRN-specific applications
such as plume modeling, detection, etc. Among the other "tools" at the county's disposal
are the national laboratories, the Centers for Disease Control, police agencies around the
United States and overseas, as well as universities and other research institutions.
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OIC/Command
Group
Crisis Management/ Analysis/Synthesis Consequence
Investigative Management
Liaison
Public Health/
Epidemiological
Intelligence Intel Toolbox/
Intel Toolbox
Forensic Intelligence
Foreign Intelligence
Support
Support
Figure 3. Net Assessment Group Information Flow-Chart. (Courtesy EOB)
LOCAL RESPONDER TRAINING IN LOS ANGELES
In 1997, officials and technical specialists from Los Angeles area local responder
agencies began training in CBRN response. In September 1997, approximately 50
representatives of six local agencies attended the National Interagency Civil-Military
Institute (NICI) five-day course, "Preparing For and Managing the Consequences of
Terrorism." This was followed in November 1997 by participation in a Department of
Defense (DoD)-sponsored "train the trainer" course that was funded by the Nunn-Lugar-
Domenici Domestic Preparedness Program (NLD). At the same time, and also in the
NLD framework, Los Angeles was scheduled to conduct a large-scale CBRN exercise
("Westwind"), for which Los Angeles City and County Fire Departments, in cooperation
with the Western National Medical Response Team (NMRT), began training. This latter
training included bimonthly mass decontamination exercises involving the respective
departments' hazardous materials (HAZMAT) teams. Of particular significance is that
this initial training focused almost exclusively on operators, rather than on commanders
or policymakers.
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Reflecting the state of training and the perceived threat, the LAPD Emergency
Operations Section (EOS) and the LASD EOB released operational advisories addressing
the CBRN threat starting in the second half of 1998.
Additional training has been motivated by a combination of federal initiatives (e.g.,
NLD) and preparation for large-scale local events (e.g., the 2000 Democratic National
Convention [DNC]). In the months leading up to the DNC, for example, DHS provided
decontamination training to personnel at the hospitals closest to the Staples Center, where
the DNC was held. This training supplemented a DoD-designed course, which 1,100
hospital personnel from 50 facilities had received starting in 1998.
Six locally produced videos, which collectively run approximately two hours, and an
accompanying workbook are employed to introduce local responders to the CBRN threat,
specific issues relating to each of the types of CBRN weapons, mass casualty
decontamination, scene management and other topics. Viewing of the video series is
considered a prerequisite for participation in local CBRN preparedness courses.
Four courses have been modularly developed to address the varying needs of local
responders. At the most basic level for all responders is a four-hour responder awareness
course. Next is an eight-hour responder operations course. There is a 16-hour medical
operations course, the last half of which is aimed at hospital personnel. Finally, LACoFD
has developed an eight-hour mass casualty mass decontamination course. There are
plans for an additional eight-hour course on force protection for law enforcement
personnel.
The goal, through the use of the courses and video suite, is to have all local responders
trained by the end of 2001. The initial training that responders receive at their respective
academies will ultimately include the CBRN material that today is being given to veteran
responders, depending upon the availability of fiscal support.
ANTHRAX HOAXES IN LOS ANGELES
Since December 1998, Los Angeles has witnessed more than four dozen threats of the
intentional dissemination of anthrax, all of which have proven to be hoaxes. As such,
Los Angeles has the dubious distinction of being the nation's anthrax hoax capital. The
upside of this title is that the local responder community rapidly has learned valuable
lessons in dealing with this phenomenon and its analogues. Additionally, these lessons
were translated quickly from ideas to policies to actions.
As noted above, for over a year prior to the December 1998 local outbreak of anthrax
hoaxes, officials and technical specialists from Los Angeles area local responder agencies
began training in CBRN response.
Reflecting the state of training, and the perceived threat, the LAPD EOS released an
Emergency Preparedness Bulletin, entitled "Terrorism Awareness," in August 1998. The
Bulletin, which functions as a supplement to the LAPD Supervisor's Field Operations
Guide, included LAPD guidelines for response to terrorist attacks, including those
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involving CBRN weapons. Anthrax was mentioned as a specific example of a biological
agent.
Anthrax hoaxes in the United States started with an incident in Wichita, Kansas on
August 18, 1998, four months before the first one in Los Angeles. The media took hold
of this event, and through the "copycat syndrome" other hoaxes began to slowly
proliferate across the country. The significance of this proliferation of anthrax hoaxes
was quickly identified by the Los Angeles TEW, which saw fit to discuss the Wichita
incident during its August 27 meeting. Additional anthrax hoaxes were reported during
the TEW's October, November and December meetings.136 By the November TEW
meeting, it was felt that "anthrax hoaxes are coming to L.A." As a result of this early
assessment, the EOB formulated a preliminary policy advisory, entitled Responding to
Potential Weapons of Mass Destruction (WMD) and Anthrax Threat Incidents, which
was released on December 12, 1998 to all LASD field operations units.
Anthrax Hoaxes Arrive in Los Angeles
Four incidents in the latter half of December 1998 were formative for the Los Angeles
local responders' procedures for addressing CBRN weapon threats.
December 17, 1998 Executive Parking Company
An employee of the company received an anonymous letter, which informed its recipient
that she had been exposed to anthrax. LAPD, LAFD, LACoFD Health/HAZMAT
Division, DHS and the FBI's Los Angeles field office all responded to the 911 call placed
by company employees.
Serendipitously, among the host of responders were at least four who had attended the
1997 "Preparing For and Managing the Consequences of Terrorism" course at NICI.
Despite the presence of these qualified personnel, the incident commander, as well as
other on-site senior officials, had little or no exposure to or training for CBRN terrorism
response. As such, these officials chose to err on the side of caution, and followed the
existing paradigm for dealing with hazardous materials. The hazardous materials
approach is governed by strict Occupational Safety and Health Administration (OSHA)
regulations and procedures regarding unknown substances that forced the responders into
their most aggressive possible response. The result was that HAZMAT technicians had
to don maximum protective gear and set up decontamination facilities for themselves and
the 25 employees who were decontaminated on-site, in the building's parking structure.
The victims' decontamination process entailed their being stripped and scrubbed down
with a diluted hypochlorite (bleach) solution. Their personal effects (e.g., clothing,
wallets, keys, etc.), considered both contaminated and evidence, were confiscated and
sealed. These items could not be unsealed and/or released until their safety had been
confirmed. These individuals were subsequently transferred to UCLA Medical Center.
136 Specifically, the following incidents were mentioned: Colorado Springs (October 15, 1998),
Jacksonville, FL (November 3, 1998), Miami (November 20, 1998) and multiple incidents in Indiana that
occurred throughout November.
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Hospital officials, as unfamiliar with anthrax as many of the other senior responders,
elected to decontaminate the 25 patients a second time at the hospital. Each patient was
discharged with a week's supply of antibiotics and a prescription for more, if need was
determined, as well as a health and safety (medical exposure) advisory letter from
DHS/UCLA. At the time of their release, an important logistical oversight became
apparent in that the by-now tired and traumatized victims were wearing only hospital
clothing while their wallets and car keys, along with their street clothes, were still being
held as potentially contaminated evidence.
The office in which the envelope was opened and all adjoining offices were ordered
closed until lab results confirmed that no anthrax spores were present, a process that took
approximately 48 hours. The response to this incident was estimated to cost between
$500,000 and $600,000.
December 18, 1998 U.S. Bankruptcy Court
An anonymous caller to the U.S. Bankruptcy Court advised, "You should check the air
conditioning system for possible anthrax." The building was evacuated, and 105 people
were identified as possibly having been exposed, and consequently isolated for the eight
hours it took to search and sample the building.137 The same agencies responded as had
done so the day before. Consultation with experts at the U.S. Army Medical Research
Institute of Infectious Diseases (USAMRIID) and DHS, combined with the realization
that the previous day's decontamination probably had been unnecessary, led to the
decision not to similarly decontaminate the victims at the courthouse. Two physicians
from DHS wrote prescriptions for antibiotics that accompanied a health and safety
(medical exposure) advisory letter given to all 105 victims upon their release. The letter,
issued jointly by LAFD, LAPD, LACoFD-Health/HAZMAT and DHS, instructed the
individuals to self-decontaminate at home by showering for at least ten minutes. Further
instructions were given regarding the decontamination of personal articles. Notably, it
was pointed out in the letter that the authorities believed that the incident was likely a
hoax.
The targeted courthouse also was ordered closed while samples were analyzed, which
again took around 48 hours. The cost for the December 18 response was $600,521.87,
the sum being repaid to the LAFD and LAPD by the now-convicted perpetrator.138
December 21, 1998 Van Nuys Superior and Municipal Courthouses
As on the 18th, an anonymous caller to 911 initiated this incident, claiming that "anthrax
has been released in the Van Nuys courthouse." While the same agencies responded as
137 There is an important legal distinction between isolation and quarantine. Only the State Health Officer
can order the latter, while the former is essentially a voluntary separation. In none of the incidents under
review was a quarantine ordered.
138 This odd figure, calculated to the penny, is what was ordered repaid by the United States District Court
in restitution to the emergency response services. For more information, see
http://www.usdoj.gov/usao/cac/pr/147.htm. This sum is being repaid at a rate of $200 per month, meaning
that it will be paid in full in just over 250 years.
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on the previous two occasions, the response itself was markedly more reserved. In this
case, approximately 1,200 people were evacuated from the building and isolated until the
building was fully searched and sampled, a process that took around five hours. The
entire building was closed for the 48 hours required to process the collected samples. No
prescriptions were issued. A health and safety (medical exposure) advisory letter
detailing self-decontamination procedures and informing recipients that antibiotics would
be issued if need was so determined. Again, it was emphasized that health and law
enforcement authorities believed the incident to be a hoax.
December 23, 1998 Time-Warner Cable
Time-Warner Cable was threatened by yet another anonymous call to 911. Response to
this incident was more limited than to any of its predecessors. The approximately 70
evacuees were isolated for about six hours, during the search and sampling phase. Unlike
the previous incidents, the building was reopened for normal business operations upon
completion of the search and sampling. No prescriptions were issued, but a similar health
and safety (medical exposure) advisory letter to that of the 21st was given to company
employees.
Other December Incidents
There were a handful of other threat incidents in late December, all of which were met
with responses of equal or lesser magnitude than that of the Time-Warner Cable incident.
With at least seven incidents in ten days, it was clear that local authorities were faced
with a prohibitively expensive, media-fed, copycat epidemic. Local responders learned
valuable lessons from each costly incident, and by the 28th, had "finally had it" with the
overwhelmingly large reaction to what had turned out to be a string of hoaxes. The time
had come to formalize the policies that heretofore had been conceptual and unwritten.
Revamping Anthrax Threat Response Policy
On December 28, representatives of the six major local responding agencies (LAFD,
LACoFD, LAPD, LASD, DHS and the FBI's Los Angeles field office) convened a "big-
6 summit" at the LACoFD headquarters. Participants decided that a more practical,
measured response was needed, in light of the previous ten days' experience.
Participants agreed that continuing with the same response model, costing the community
approximately half a million dollars for each deployment, would quickly drain local
resources and budgets as well as damage response capability to other, real emergencies.
Additionally, the local responders now had gleaned valuable insight from their responses
and from the collective wisdom of federal, state and local experts from across the nation,
all of which suggested that such large-scale responses to every threat were both
impractical and unnecessary.
Experience in Los Angeles and elsewhere led authorities to develop a dynamic yet
structured set of indicators by which to assess the credibility of an anthrax threat. As a
result, the summit participants decided that major components of prior responses now
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would be employed if and only if credible evidence were present that contradicted
perhaps less tangible indicators that the event was a hoax. Due to the sensitive nature of
the subject, interviewed responders have requested that these indicators not be published
as part of this unclassified report.
Within days (and in one case, hours) of the summit meeting, LAPD, LASD, LAFD and
LACoFD all released intradepartmental bulletins outlining these newly formulated
policies and procedures. These bulletins had department-wide distribution and
implementation. It is believed that within a week of its release, the contents of the LAPD
bulletin were in the hands of all field personnel.
Two points are especially noteworthy in the context of these newly authored policies.
First, the turnaround time from field experience to written policies was remarkably short;
the time from the Westwood incident to the summit meeting was just 11 days. Second,
these written policies have remained virtually unchanged since their initial compilation
almost 18 months ago. That is, not only were conclusions drawn quickly, so far they also
appear to have withstood the test of time.
COMMENTS BY THE LOCAL RESPONDERS
In recent interviews conducted for the Gilmore Commission, a number of common
themes emerged regarding the state of preparedness and the role the federal government
has played in getting there. The most important of these themes are as follows:
* The Need for Fiscal Sustainment
All of those interviewed expressed profound concern about the perceived "one-shot"
nature of federal assistance. To be sure, preparedness entails large up-front costs for
training and especially for equipment. However, both of these are perishable, and
local responders worry that in the long run, without continued federal assistance, their
communities might not be able to maintain the desired level of readiness envisioned
by policymakers. Some responders wondered aloud whether, without ongoing
support, the entire CBRN preparedness enterprise would end up an ephemeral waste
of a great deal of resources and effort. This issue was the most emphatically and
most often voiced in all meetings with Los Angeles responders.
* Bearing the Burden of Training Costs
The Domestic Preparedness Program has provided "train the trainer" courses for
responders throughout the United States. Interviewees were quick to point out that
even a four-hour course, when multiplied by the thousands of responders in a large
metropolitan area like Los Angeles, adds up to significant manpower costs. For
example, every LASD deputy should optimally undergo 14-40 hours of training (as
determined by the EOB), which is the equivalent of 1.75-5 workdays. This adds up to
between approximately 3.75 and 10.73 million dollars for LASD alone.139 No federal
139 This is based on the top-step deputy's overtime pay of $33.52 per hour multiplied by 8,000 deputies
multiplied by the 14-40 training hours needed. Most LASD deputies are top-step, and all internal fiscal
calculations are based on this rank.
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funding is provided for these training days. Responders almost unanimously believe
that this training is beneficial and important, yet are worried that given constrained
training budgets CBRN response training will come at the expense of other, perhaps
no less vital, competencies.
* The Need for Coordinated Procurement
Initially, NLD funds were granted to cities, with little or no consideration of the
operational structure of the individual recipient metropolitan areas of which cities are
but a part. For example, three cities within the Los Angeles operational area received
NLD funding (Los Angeles, Glendale, Long Beach).140 This allocation method was
problematic because it led to the inefficient and inequitable distribution of NLD
funds. That is, while multiple cities within a metropolitan area might have received
more total assistance than was necessary for the area (inefficient), smaller individual
cities within the same metropolitan area could be left with nothing (inequitable). This
problem has since been resolved insofar as the federal government now allows
agencies at other than the city level to apply for assistance. Given the county-as-
operational-area structure mandated by California law, this change has been
welcomed by responders in Los Angeles. Currently the EOB, through the TWG,
coordinates the application for federal assistance and all CBRN-related purchasing for
the operational area. All parties interviewed expressed satisfaction with this process.
In the future, OEM will coordinate funding applications for all cities in the county.
A positive side effect of the coordinated funding application process is that the focus
of agency lobbying has moved from Washington, D.C. to the local, professional
arena. In the past, agencies often via their unions and other professional
associations have lobbied grant-giving federal institutions in direct competition with
their local colleagues. Since in Los Angeles applications are done jointly, any such
lobbying takes place at home, among cooperating, rather than competing agencies,
and in accordance with the mutual understanding of the operational area's needs.
* Redundant Training
There has been a proliferation of government-sponsored training options for local
responders. A number of those who have taken the lead on the subject of CBRN
preparation for their respective departments (i.e., those who will serve as agency
trainers) commented on the redundant nature of the training being offered. While it is
recognized, and indeed hoped, that receiving training from a variety of sources will
enrich the response repertoire of local agencies, the individuals interviewed felt that
in fact, some of the federal funds spent on their courses was wasted since each
additional course added little or no value to their skill-sets. These responder-trainers
had hoped that federal coordination and standardization of training would lead to a
well defined training progression that would allow them to gain the level of expertise
needed for their jurisdictions and job descriptions so that they can competently and
effectively instruct others within their departments. This reflects the desire of Los
Angeles CBRN response designers to maintain a small cadre of highly-trained
140 For more information on the overlap of NLD assistance, see GAO, Combating Terrorism: Opportunities
to Improve Domestic Preparedness Program Focus and Efficiency, GAO/NSIAD993.
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professionals whose job it is to 1) function as a skilled group of responders; 2) act as
technical specialists within the Incident Command System, providing insights and
relevant resources to an incident commander; and 3) train others within the response
community to a pre-defined baseline level of capability. This desire, in turn, reflects
the perceived threat and its scale within the Los Angeles operational area.
* Who Has VX, Anyway?
Local responders have complained about the overwhelming emphasis in federal
training programs on military quality CBRN weapons. For a host of reasons, it is
widely thought that the likelihood of a CBRN attack is low, and that the likelihood of
such an attack using weapons grade material is even more remote. Thus, the local
responders would prefer to train based on realistic scenarios involving agents more
likely to be seen in the United States today and in the near future (i.e., common
industrial chemicals, etc.). As one TEW participant put it, "Vic from Ventura ain't
got VX."
* OSHA Needs to Step Up
It has been recognized in Los Angeles since the first Anthrax hoax incident in
December 1998 that the standards set by OSHA, while appropriate for chemical spills
and undoubtedly reflecting a desire to err on the side of caution, have no provisions
for emerging terrorist threats, and especially those involving biological weapons.
Specifically, threat analysis has no part in OSHA regulations. Local responders
complained that despite their belief that no anthrax was present in the 1998 incidents,
OSHA regulations "forced their hand" into an over the top, costly HAZMAT
response. They feel that OSHA needs to be integrated into the policymaking process
for addressing new and potentially unforeseen threats.
* Know Your Counterparts
A silver lining to the CBRN threat cloud has been the unprecedented level of
cooperation among emergency response agencies in Los Angeles, a fact almost
unanimously recognized by interviewees. At the 1998 anthrax hoax incidents, the
presence of on-scene experts from multiple agencies, who had routinely met (e.g., at
the TEW) and trained (e.g., at various federally-funded courses and in joint exercises)
together, enhanced the cooperative working environment that is essential for
addressing CBRN threats, real or fake. The ongoing monthly meetings of the TEW
reinforce the atmosphere of cooperation.
* Elements of The Incident Command System Are Particularly Useful
As mentioned previously, by California law, all emergency response agencies operate
according to the Standardized Emergency Management System (SEMS), which is a
state adaptation of the Incident Command System (ICS). ICS is a standard
management system for command, control and coordination of emergency
responders. Two ICS principles are of particular relevance to the CBRN threat.
First is the concept of Unified Command, "a unified team effort which allows all agencies
with responsibility for the incident, either geographic or functional, to manage an incident
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by establishing a common set of incident objectives or strategies."141 In the context of
the CBRN threat, Unified Command promises to catalyze an effective, coordinated, on-
scene decision-making process.
Second, as mentioned above, ICS calls for the employment of technical specialists
wherever their special skills may be of use within an incident. In the case of the
December 17, 1998 anthrax hoax incident, while there were numerous technical
specialists present, their expertise was largely unknown and unappreciated by higher
level decision makers within the incident command structure. In this light, and under the
stressful circumstances of this first anthrax threat, the incident commander and the
unified command chose to err on the side of safety, and thus decided to decontaminate
the office workers. The Los Angeles area response plan now calls for maintaining a
small cadre of highly trained local specialists to complement the much larger number of
baseline-trained responders. ICS will allow the efficient use of expertise quickly and
where most needed.
Noting that "all terrorism is local," local responders mentioned that given the anticipated
degree of federal and local cooperation that a CBRN attack will entail, it is imperative for
federal response agencies to become proficient in the use of ICS and familiar with their
roles in it. Doing so will allow these federal resources to quickly and effectively "plug
into" the local ICS structure.
* Train the Commanders
Like lower-level functionaries, commanders also need to have a certain (perhaps
different) baseline level of CBRN training. Commanders stand to benefit in two ways
from even basic training regarding CBRN weapons. First, they themselves will have a
greater understanding of the nature of the CBRN threat, and thus be able to make more
informed operational decisions, making better use of provided intelligence. Second, they
will be more aware of technical expertise within their own and other responding agencies,
and be more likely to bring it to bear on their decisions.
POLICY RECOMMENDATIONS FOR THE FEDERAL GOVERNMENT
Based on the interviews conducted for the Gilmore Commission, a number of policy
recommendations for the federal government made themselves apparent.
* Threat Analysis Needs a Cooperative Vehicle
As has been noted elsewhere,142 threat analysis is critical in the determination of
appropriate response. Because of the complexity of terrorism threats in general, and the
CBRN threat in particular, threat analysis is most effectively conducted by multiple
agencies, each of which brings its own special skills and strengths to the table. In Los
Angeles County, the TEW has filled the previously wanting role of a medium for
141 Federal Emergency Management Agency, Emergency Management Institute, Basic Incident Command
System (ICS) Independent Study IS195, January 1998, p. A12.
142 See, for example, GAO, Combating Terrorism: Threat and Risk Assessments Can Help Prioritize and
Target Program Investments, GAO/NSIAD9874.
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information transfer, joint analysis and incident net assessment and thus has proven to be
an exceptionally useful mechanism.
While Los Angeles County is unique in its size, the practice of bringing local, state and
federal stakeholders together on a regular basis to provide threat analysis would be
valuable in other jurisdictions around the United States, regardless of their size. Other
California counties have established their own TEWs, and still others are in various
stages of development. Cities across the country have turned to LASD for assistance in
creating their own TEWs. The TEW is sufficiently flexible that it can be easily tailored
to address the specific needs and concerns of America's variegated communities. For
example, in Los Angeles the Emerging Threat Cell has focused on RFWs, but in other
locales this cell's analog could concentrate on border concerns, infrastructure protection
(e.g., ports, nuclear facilities, etc.) and other location-specific topics.
The federal government could assess the effectiveness of the TEW in Los Angeles and
elsewhere and then, assuming the results are positive, facilitate its replication. The
Federal Emergency Management Agency (FEMA) currently offers courses on the
establishment and operation of emergency operations centers (EOCs). Incorporating the
TEW into the EOC curriculum, for example, would provide a smooth, standardized
means for teaching TEW operation to a broad national audience of emergency managers.
* One Size Does Not Fit All
While large American cities have a lot in common, no two are exactly alike. Aside from
geography, demographics, climate, etc., cities vary greatly in terms of the structure of
their emergency management systems and their jurisdictional and emergency response
structures as well. The federal policies that provide funding, equipment
recommendations and training to local responders need to be more flexible vis-à-vis
inter-city variation. The federal government has improved in this regard, as when it
allowed Los Angeles County to apply for assistance, in addition to the City of Los
Angeles. The nation's diverse communities will welcome additional federal flexibility in
the structural criteria for assistance application.
* The Need for Ongoing Bottom-Up and Lateral Information Sharing
While Los Angeles authorities have learned from field experience, exercises and their
responses to the anthrax hoaxes, this learning occasionally has come at tremendous
expense in terms of local resources and tax dollars. All localities that are in the process
of building their response capabilities face a similar set of challenges equipment
procurement, protocol and policy development, training, the need to stay on top of
current technical and other developments, etc. There is currently no formal mechanism
for officials in these localities to share lessons learned or gain practical advice from their
counterparts around the country or around the world. This gap often forces responders to
start from scratch when confronted with situations that have already been successfully (or
even unsuccessfully) negotiated by others. In this regard, even after Los Angeles had
established and implemented its new set of anthrax threat response policies, other
jurisdictions across the United States, when faced with similar threats, reinvented the
wheel, again at great cost in terms of dollars and unnecessary stress. Likewise, Los
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Angeles could have learned from those communities that experienced anthrax hoaxes
prior to December 1998. In the future, this problem could be avoided if the federal
government facilitated the creation of a bottom-up and horizontal communication system,
which would allow local agencies to share lessons learned with each other, and with the
federally sponsored training programs that will further educate responders from across
the country.
The federal government should provide this communication system for two main reasons.
First, the CBRN threat transcends state boundaries and the federal government is legally
responsible for such issues of national security. Second, because the federal government
has taken it upon itself to act as the national training authority for this subject, it follows
that it should facilitate the transfer of information from the field to its own trainers as
well as to other field locations.
ACKNOWLEDGEMENTS
The authors are grateful to the representatives of the following agencies for their
generous assistance, without which this study would not have been possible:
Federal Bureau of Investigation, Los Angeles Field Office
Los Angeles City Fire Department
Los Angeles County Department of Health Services
Los Angeles County Fire Department
Los Angeles County Sheriff's Department
Los Angeles Police Department
The authors would like to give special thanks to the participants in the Los Angeles
County Terrorism Early Warning Group, and particularly Sheriff's Sergeant John
Sullivan who was extraordinarily generous with his time and expertise.
Any errors or omissions are the responsibility of the authors.
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ATTACHMENT I. GLOSSARY
ATD Los Angeles Police Department Anti-Terrorist Division
CBRN Chemical, biological, radiological and/or nuclear
CEOC County Emergency Operations Center
DHS Los Angeles County Department of Health Services
DNC Democratic National Convention
DoD U.S. Department of Defense
DOJ U.S. Department of Justice
EMS Emergency Medical Service
EOB Los Angeles County Sheriff's Department Emergency
Operations Bureau
EOC Emergency Operations Center
EOS Los Angeles Police Department Emergency Operations Section
FBI Federal Bureau of Investigation
FEMA Federal Emergency Management Agency
GAO United States General Accounting Office
HAZMAT Hazardous materials
IAB Inter-Agency Board
ICS Incident Command System
IW Information Warfare
LACoFD Los Angeles County Fire Department
LAFD Los Angeles City Fire Department
LAPD Los Angeles Police Department
LASD Los Angeles County Sheriff's Department
LAWA Los Angeles World Airports
LAX Los Angeles International Airport
MMRS Metropolitan Medical Response System
NDPO National Domestic Preparedness Office
NICI National Interagency Civil-Military Institute
NLD Nunn-Lugar-Domenici Domestic Preparedness Program
NMRT National Medical Response Team
OEM Los Angeles County Office of Emergency Management
OIC Officer in Charge
OSHA Occupational Safety and Health Administration
OSINT Open source intelligence
PPE Personal protective equipment
RFW Radio Frequency Weapons
SEMS Standardized Emergency Management System
SIS Los Angeles County Sheriff's Special Investigations Section
TEW Los Angeles County Terrorism Early Warning Group
TWG Los Angeles County Terrorism Working Group
UCS Unified Command Structure
USAMRIID United States Army Medical Research Institute of Infectious
Diseases
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ATTACHMENT II. TEW PRODUCT DISSEMINATION143
Law Fire EMS Hospital Impacted Elected
Advisory All
Alert Group 1 Group 2 Group 3
Group 4
Warning Group 1 Group 2 Group 3
plus Watch plus Station Group plus Group 5
Commander Captains 3 trauma
and Area centers
Command
Teams
Net Group 1 Group 2 Group 3 Group 4
Assessment plus plus plus plus
incident incident others management
commander, commander, receiving as needed
others as others as casualties
needed needed
Issue Command level officers, Group 5,
Specific other affected units particularly
White as
Papers regarding
law/funding
impacts
Group 1: All Command Officers (above Station Commanders), Unit Commanders,
specialized units (Special Weapons Teams, Bomb Squads, Emergency Operations/tactical
planning, MMRS members)
Group 2: All Chief Officers, HAZMAT teams, urban search and rescue teams, Counter-
Terrorism Coordinators, MMRS members
Group 3: DHS EMS Section, Medical Alert Center, Epidemiological Surveillance
Section, National Disaster Medical System Coordinator
Group 4: Directors, OIC's, Security Chief(s) of impacted entities
Group 5: As needed, based upon circumstances of situation and jurisdiction
143 Courtesy of EOB.
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APPENDIX H-CDC NEDSS and EPI-X
Supporting Public Health Surveillance through the National Electronic Disease
Surveillance System (NEDSS)144
Methods for conducting public health surveillance may often differ considerably by
program and disease. Regardless of these differences, however, all surveillance activities
share many common practices in the way data are collected, managed, transmitted,
analyzed, accessed and disseminated. The National Electronic Disease Surveillance
System (NEDSS) will, primarily through the creation of standards, facilitate the handling
of data through each of these steps. As described below, different interrelated activities
supporting NEDSS will offer significant improvements in the way public health
surveillance is conducted at the Federal, State, and local level. The long-term vision for
NEDSS is that of complementary electronic information systems that automatically
gather health data from a variety of sources on a real-time basis; facilitate the monitoring
of the health of communities; assist in the ongoing analysis of trends and detection of
emerging public health problems; and provide information for setting public health
policy.
Data Collection
Cases of a disease or other condition of interest are primarily identified in the medical
care system. Once identified, these cases are typically reported to a local health
department, often using paper-based data collection forms. At the local health
department, forms may be entered into a computerized electronic data management
system and transmitted to the State, or they may be copied, filed at the local level and
then sent directly to the State where they are manually entered into the State health
department's electronic system. These reporting processes are generally the same,
regardless of the disease or condition that is being reported. There are a number of
problems that can arise during the reporting process. These problems, in turn, often place
a large burden on medical care staff who have responsibility for disease reporting. For
example, cases may be reported from a variety of sources from within the health care
setting, such as clinical laboratories and private physicians. Physicians and laboratory
supervisors and their office staff are already overworked. Nevertheless, it is often left up
to health care providers to determine if a case meets public health surveillance case
definitions and to figure out how to fill out the wide variety of forms produced by CDC
and health departments. They may also spend significant time tracking down patient
records in response to requests for more information from the health department. NEDSS
will facilitate the collection of case report forms from providers in two important ways.
First, standards are being developed to assure uniform data collection practices across the
nation. The public health data model and the CIPHER (Common Information for Public
144 Http://www.cdc.gov/nchs/otheract/phdsc/presenters/nedss.pdf. NEDSS is a program of the Health
Information and Surveillance System Board, in the Agency for Toxic Substances and Disease Registry,
Centers for Disease Control and Prevention. For more information, see
http://www.cdc.gov/od/hissb/index.htm.
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Health Electronic Reporting) guidelines will recommend, for example, a minimum set of
demographic data that should be collected as part of the routine surveillance. In addition,
the CIPHER guidelines will provide a consistent method for coding data on the data
collection forms. It is expected that standardizing data collection forms should ease the
burden on physicians and their staff by providing forms that are similar in appearance and
that do not require that someone figure out for each specific form where information is
located and how it should be coded.
Second, NEDSS will include recommended standards that can be used for the electronic
reporting of surveillance data. Specifically, NEDSS will recommend a standard data
architecture and electronic data interchange format to allow computer systems to generate
automatically electronic case reports that can be sent to local or State health departments.
These types of standards would both ease the burden on large organizations that already
have computerized data systems (such as regional laboratories, hospitals, managed care
organizations) and would ensure that all cases that are in the provider's data systems are
being reported to public health.
Data management issues: a) multiple case reports
To whom cases should be and are reported is often unclear. For example, a physician
reporting a case would likely send the form to the county health department. A State or
regional laboratory may also report the same case to the State health department. Given
the number of potential sources of information regarding a single patient, the possibility
exists that persons may be entered into the system more than once or may have discrepant
data reported about them on the multiple reports. In addition, undoing these duplicate
records after the reports have been received at the health department (often weeks or
months later) is more cumbersome than detecting those duplicate records and
consolidating them prior to entry into the system database. For example, the original
paper records needed to resolve discrepant data may not be easily retrievable or may be
lost. To address this problem, NEDSS will identify standard software components/tools
that may be used at the local and State health department levels to detect duplicate reports
based on a person's demographic data (e.g., name, address, date of birth, sex). This
process is known as registry matching (also referred to as "record matching"). As paper
forms are entered into the electronic system, the database of prior records would be
scanned and potential duplicates identified. Next, data entry operators could decide
whether to enter the particular case as a new report or to update the record already
present. The need for an automated system of registry matching is even more important
as we move toward increasing reliance on automated electronic case reporting. While
paper forms are generally handled one at time for entry and processing, electronic records
are usually received in bulk and are processed together. The record matching software
must be able to reliably determine which records are new and which should update
existing reports. In addition, the software must also be capable of detecting instances of
discrepant data, and, as deemed appropriate by the programs, it must be able to resolve
those discrepancies. Finally, the tool must provide a mechanism for saving enough
information on the individual reports in electronic archives if necessary, so that if at a
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later date two records were found to be merged inappropriately, the original records can
be restored.
Data Management Issues: b) Data Entry at the Health Departments
The multiple data entry systems that CDC has created for local and State health
department use have led to many complaints. Chief among these is that that data for an
individual person must be entered into multiple, disparate systems. Given recent
advances in technology, this is an unnecessary and burdensome step. A second common
complaint is that each of the CDC-provided systems works differently, so that using more
than one of them is onerous and time-consuming. An analogous situation that most
office workers could relate to would be having to use three different word processors in
an average day. Image if you had to be trained on and familiar with all the subtleties of
Microsoft Word, Corel WordPerfect and Lotus WordPro! These problems created by
different surveillance systems are being addressed through the definition of standards for
system development activities. As previously mentioned, creation of data architecture
standards will ensure, just as it did for the data collection forms, that information is
entered and stored in a consistent and uniform way. Having data stored in a uniform way
also means that they can more easily be transferred from one system to another so that
duplicate data entry is reduced. Another relevant set of standards has to do with the user
interface of CDC-developed surveillance systems. A person trained on any one system,
for example, should be able to move to another without changing the way they interact
with the software. A set of standards for a common user interface will guarantee that all
systems look and work similarly. It is expected that the same set of user interface
standards will be applied both to Windows-based applications and to Internet-browser
based data collection systems. This type of integration through interface of the web and
the stand-alone PC is the same approach that Microsoft is taking with its operating
systems and application interfaces.
Data Transmission from Local to State Health Department and to CDC
Once surveillance data are entered into computerized data management systems, they are
not only analyzed within the organization to which they were reported, but are also
transmitted for analysis at other levels. Simply speaking, electronic reporting may occur
as data are sent from the health care setting to local (city or county) health departments,
then on to State health departments, and finally to CDC. With the current myriad of
systems in place, there are many different methods for reporting data. For example,
diskettes may be mailed, dial-up modems may be used to connect over public telephone
lines, leased telephone lines may provide wide area network used for reporting, or the
public Internet may be used. Currently, just for reporting to CDC, all of these methods
are in place. There are also different levels of security in terms of electronic encryption
methods that are applied. For example, in a recent inventory, over 73 different
surveillance systems developed at CDC sent or received surveillance data electronically.
Only 19, however, reported encrypting the data for transmission. While virtually all
programs do not consider the encryption of their data an issue because individual person
or site identifiers are removed before reporting to the next level, there is at least a small
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risk that a person could be indirectly identified based on data in these individual records.
There are two coordinated efforts that are addressing this problem. The first is the
creation of the "Health Alert Network (HAN)" that will use the Internet as a backbone for
communicating surveillance data (as well as a host of other information such as
surveillance reports, training materials, policy documents, etc.) between health
departments and CDC. This system is expected one day to connect the myriad of local
health departments with State and territorial health departments and federal agencies,
including CDC, nationwide. The second part is the Secure Data Network (SDN
sometimes called the "secure Internet pipeline"). This pipeline will provide CDC
program areas with a secure method for encrypting and transferring files from a health
department to a CDC program application across the Internet. (As an Internet-based
system, the SDN may be considered to be part of HAN, not independent of it.) It will also
allow CDC to eliminate the multiple methods of receiving data. In addition, using digital
certificates and the MD5 message digest, the SDN will provide a consistent, transparent
method for authenticating the source and ensuring the integrity of those data. This
network will raise the standard on security for most of the surveillance activities now
supported by CDC. Eventually the combination of the HAN and the standards that are
used for the Secure Data Network can be extended to support standardized security
beyond just reporting to CDC. They will allow any two or more partners in public health,
whether they are heath care providers, clinical labs or local and State health departments,
to exchange information without risk of eavesdropping by unauthorized parties.
Data Analysis
Individual program areas at CDC and State and local health departments have, over the
years, developed many innovative methods for the analysis of data. For example, recent
efforts have led to development of techniques that accurately detect some changing or
unusual patterns of trends or outbreaks of diseases. In addition, statistical methods have
been developed to account for the delays in reporting of data from providers to health
departments to CDC and, where appropriate, to estimate the true incidence of a disease or
condition even when not all cases have been reported.
The tools for implementing these methods have been provided to local and State health
departments as part of individual surveillance systems, but in general they are not widely
available. The closest thing that CDC has to the universal distribution of analysis tools
are those contained in the DOS-based EpiInfo software package, however the DOS
version of the application does not include some of the more sophisticated techniques
described above.
The issue of how to provide standardized data analysis tools will be addressed by NEDSS
through the identification, adoption and promotion of statistical component standards.
Software written to these standards will be able to be used and incorporated into a variety
of surveillance systems not only those developed by the CDC but also those that are
being used by local and State health departments. As an example of the application of
components, state-of-the-art analytic software would be able to be dropped into other
software applications in the same way that spreadsheets, presentation graphics and e-mail
components are now a standard part of many systems.
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Data Analysis: Linkage
Another common problem is the need to link data collected in different surveillance and
information systems. For example, persons responsible for notifiable diseases are
interested both in the cases reported by providers and also, whether those cases might be
linked to those reported in a laboratory-based system, where there is available species or
serotype information that indicates that these cases may be part of an outbreak. Or,
persons investigating an increase in the number of cases of a vaccine-preventable disease
would be interested in determining whether persons with these illness received a certain
type or lot of vaccine, information increasingly available, but in a separate location such
as an immunization registry. And persons responsible for maternal and child health
programs at the State level have noted that how they define and count cases of infectious
disease among children does not match the Case Definitions for Infectious Conditions
under Public Health Surveillance developed by CDC and the Council of State and
Territorial Epidemiologists (CSTE) for notifiable disease surveillance. This issue is also
being addressed by the surveillance data standards. The data standards will promote the
linkage of data, as appropriate to public health needs, either at the individual patient or
record level, or more broadly by place and time. Having standardized definitions for data
elements will help ensure the correct interpretation of data elements. Having data stored
using the same sets of codes will mean that epidemiologists and others needing merged
data sets will not need to spend as much time understanding the peculiarities of any one
system. Finally, these standards, by ensuring consistent definitions of data and coding of
variables, will also facilitate the development of State data warehouses and the virtual
State data centers envisioned by the National Association for Public Health Statistics and
Information Systems (NAPHSIS).
Data Access and Dissemination
The ability to access and disseminate appropriate public health data and information in a
timely fashion to targeted audiences is key to making an impact on the population's
health. Often, however, there are significant delays in providing access. For example,
program areas at CDC often complain that they spend much of their time generating data
sets and responses to requests for information by State health departments, other Federal
and State agencies, non-profit organizations, the news media, the public, etc. In addition,
providing this information typically requires that staff redirect their activities away from
other responsibilities. States also point to the same level of resources required to respond
to the myriad of organizations within their own area that frequently request public health
data and information.
While providing easy access to appropriate public health data and information has been
difficult in the past, program areas have also struggled with how to disseminate and/or
present data and information results to interested parties. For example, one program area
may use the 1990 population census as the denominator for generating rates, while
another program area in the same State uses the projected 1998 rates. In addition,
program areas may present rates by age in five-year intervals for one disease while
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disseminating results for another disease using different age ranges, leading to an
inability to compare the data (when indicated). Finally, no central location at CDC or in
many State health departments exists where people can go to locate these data. This lack
of a standardized approach to disseminating data and information at CDC, and often in
State and local health departments as well, impedes the ability of public health
professionals to have a direct impact on public health policy and decision-making.
To address these challenges, NEDSS will include the development of best-practice
specifications for a method to analyze and disseminate data and information, primarily
using data warehouses. Through collaboration with people within CDC and State health
departments currently developing data warehouses, a method will be developed to solicit
specification requirements from potential users, to review available COTS (commercial
off-the-shelf) products based on these functionalities, and to provide logical justification
for choices, with empirical justification when available and appropriate. Through this
process, a form of a standard off-the- shelf or internally developed software application
will be identified to provide data access capacity to a variety of users with various needs.
Conclusion
As this document illustrates, CDC staff working on NEDSS are focusing on the
development, testing, and implementation of standards. These standards will serve as the
framework that will support more complete and comprehensive integration of systems in
the future. The standards focus on five important areas: data architecture (data model and
data standards), user interface, information systems software architecture , tools for
interpretation, analysis, and dissemination of data, and secure data transfer. While the
various systems developed by CDC and State and local health departments will remain
distinct from one another, the use of standards will assure that surveillance data may be
easily shared, that users familiar with one system can easily use another, and that
software can be easily shared across programs. In addition this approach will ensure that
State-of-the-art statistical methods are readily available to epidemiologists, and that a
single secure method is in place for reporting data to CDC.
These standards are just the first step to achieving the desired level of integration among
CDC-developed, as well as State- and locally-developed, surveillance systems. However,
they will provide an important degree of integration for the collection, management,
transmission, analysis, and dissemination of data that does not currently exist. It is
expected that this integration will better support public health professionals in their
efforts to improve the health of the populations they serve.
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Epidemic Information Exchange (EPI-X): A Rapid Communication System
to Notify Public Health Officials of Emerging Health Events
Background
With the capacity for local outbreaks to develop into pandemics in a matter of days, the
emergence of previously unidentified diseases, the potential for contaminated food or
products to be widely disseminated, and the increased threat of bio-terrorism, the need for
rapid communication, research and response has become an essential element of the
public health profession. To keep pace with these emerging challenges, the CDC recently
launched Epi-X, the Epidemic Information Exchange. Epi-X is a secure, Web-based
communications network for public health officials that will both simplify and expedite
the exchange of routine and emergency public health information between CDC and state
health departments. This information will prompt investigative and prevention efforts,
and help bioterrorism preparedness efforts by helping officials share preliminary
information about outbreaks and other health events across jurisdictions, and gain every
day experience in the use of a secure communication system. Examples of postings
include disease outbreaks, newly recognized environmental, product and occupational or
recreational hazards, vaccine recalls, bioterrorism threats, and disaster response. EPI-X
is guided by an editorial board, and has been endorsed by the Council of State and
Territorial Epidemiologists. Epi-X became operational in November 2000.
System Description: Developed using a user centered design process, the construction of
Epi-X was facilitated by the input of over one hundred health officials and scientists. Epi-
X enables state and local epidemiologists, laboratory technicians, and other members of
the public health community to:
* Instantly notify colleagues and experts of urgent public health events;
* Receive a daily email of information in their area of interest
* Create reports and track information;
* Research outbreaks and unusual health events through an easily searchable database;
* Rapidly communicate with colleagues through e-mail, Web and telecommunications
capabilities;
* Quickly find people and information;
* Customize their home page, information and options based upon specific needs; and
* Request assistance from CDC online.
Future needs: Epi-X is an initial effort to build secure public health communications
capacity at the national level and as such will have to grow to fully link officials across
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jurisdictions and disciplines into a responsive public health work force. Future needs
identified in discussions with health officials include technical changes to provide secure
communications for multi-state outbreak response teams, links to disease surveillance
systems to merge disease reporting with health alerting, and improved software to
automate the recognition of similar disease outbreaks across jurisdictions.
Project Contacts
Carol Pertowski, M.D., Medical Director, Epi-X
John W. Ward, M.D., Editor, MMWR, Director OSHC, EPO (404) 639-3636
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APPENDIX I-NEW ENGLAND AND EASTERN CANADIAN MUTUAL
ASSISTANCE COMPACT
INTERNATIONAL EMERGENCY MANAGEMENT ASSISTANCE MEMORANDUM
OF UNDERSTANDING
This document follows from Resolution 23-5 resolved at the 23rd Annual
Conference of New England Governors and Eastern Canadian Premiers and is
compliant with Article II (j) of the Agreement between the Government of the
United States and the Government of Canada on Cooperation in Comprehensive
Emergency Planning and Management renewed on December 2, 1998.
Purpose and Authorities - Article I
The International Emergency Management Assistance Memorandum of Understanding,
hereinafter referred to as the "compact," is made and entered into by and among such of the
jurisdictions as shall enact or adopt this compact, hereinafter referred to as "party jurisdictions."
For the purposes of this agreement, the term "jurisdictions" may include any or all of the States of
Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut and the
Provinces of Québec, New Brunswick, Prince Edward Island, Nova Scotia and Newfoundland,
and such other states and provinces as may hereafter become a party to this compact.
The purpose of this compact is to provide for the possibility of mutual assistance among the
jurisdictions entering into this compact in managing any emergency or disaster when the affected
jurisdiction or jurisdictions ask for assistance, whether arising from natural disaster, technological
hazard, man-made disaster or civil emergency aspects of resources shortages.
This compact also provides for the process of planning mechanisms among the agencies
responsible and for mutual cooperation, including, if need be, emergency-related exercises,
testing, or other training activities using equipment and personnel simulating performance of any
aspect of the giving and receiving of aid by party jurisdictions or subdivisions of party
jurisdictions during emergencies, with such actions occurring outside actual declared emergency
periods. Mutual assistance in this compact may include the use of emergency forces by mutual
agreement among party jurisdictions.
General Implementation - Article II
Each party jurisdiction entering into this compact recognizes that many emergencies may exceed
the capabilities of a party jurisdiction and that intergovernmental cooperation is essential in such
circumstances. Each jurisdiction further recognizes that there will be emergencies that may
require immediate access and present procedures to apply outside resources to make a prompt and
effective response to such an emergency because few, if any, individual jurisdictions have all the
resources they need in all types of emergencies or the capability of delivering resources to areas
where emergencies exist.
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The prompt, full and effective utilization of resources of the participating jurisdictions, including
any resources on hand or available from any other source that are essential to the safety, care and
welfare of the people in the event of any emergency or disaster, shall be the underlying principle
on which all articles of this compact are understood.
On behalf of the party jurisdictions participating in the compact, the legally designated official
who is assigned responsibility for emergency management is responsible for formulation of the
appropriate inter-jurisdictional mutual aid plans and procedures necessary to implement this
compact, and for recommendations to the jurisdiction concerned with respect to the amendment
of any statutes, regulations or ordinances required for that purpose.
Party Jurisdiction Responsibilities - Article III
1. Formulate plans and programs. It is the responsibility of each party jurisdiction to
formulate procedural plans and programs for inter-jurisdictional cooperation in the
performance of the responsibilities listed in this section. In formulating and implementing
such plans and programs the party jurisdictions, to the extent practical, shall:
A. Review individual jurisdiction hazards analyses that are available and, to the
extent reasonably possible, determine all those potential emergencies the party
jurisdictions might jointly suffer, whether due to natural disaster, technological
hazard, man-made disaster or emergency aspects of resource shortages;
B. Initiate a process to review party jurisdictions' individual emergency plans and
develop a plan that will determine the mechanism for the inter-jurisdictional
cooperation;
C. Develop inter-jurisdictional procedures to fill any identified gaps and to resolve
any identified inconsistencies or overlaps in existing or developed plans;
D. Assist in warning communities adjacent to or crossing jurisdictional boundaries;
E. Protect and ensure delivery of services, medicines, water, food, energy and fuel,
search and rescue and critical lifeline equipment, services and resources, both
human and material to the extent authorized by law;
F. Inventory and agree upon procedures for the inter-jurisdictional loan and delivery
of human and material resources, together with procedures for reimbursement or
forgiveness; and
G. Provide, to the extent authorized by law, for temporary suspension of any statutes
or ordinances, over which the province or state has jurisdiction, that impede the
implementation of the responsibilities described in this subsection.
2. Request assistance. The authorized representative of a party jurisdiction may request
assistance of another party jurisdiction by contacting the authorized representative of that
jurisdiction. These provisions only apply to requests for assistance made by and to
authorized representatives. Requests may be verbal or in writing. If verbal, the request must
be confirmed in writing within 15 days of the verbal request. Requests must provide the
following information:
A. A description of the emergency service function for which assistance is needed
and of the mission or missions, including but not limited to fire services,
emergency medical, transportation, communications, public works and
engineering, building inspection, planning and information assistance, mass
care, resource support, health and medical services and search and rescue;
B. The amount and type of personnel, equipment, materials and supplies needed
and a reasonable estimate of the length of time they will be needed; and
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C. The specific place and time for staging of the assisting party's response and a
point of contact at the location.
3. Consultation among party jurisdiction officials. There shall be frequent consultation
among the party jurisdiction officials who have assigned emergency management
responsibilities, such officials collectively known hereinafter as the International
Emergency Management Group, and other appropriate representatives of the party
jurisdictions with free exchange of information, plans and resource records relating to
emergency capabilities to the extent authorized by law.
Limitation - Article IV
Any party jurisdiction requested to render mutual aid or conduct exercises and training for mutual
aid shall undertake to respond as soon as possible, except that it is understood that the jurisdiction
rendering aid may withhold or recall resources to the extent necessary to provide reasonable
protection for that jurisdiction. Each party jurisdiction shall afford to the personnel of the
emergency forces of any party jurisdiction, while operating within its jurisdictional limits under
the terms and conditions of this compact and under the operational control of an officer of the
requesting party, the same powers, duties, rights, privileges and immunities as are afforded
similar or like forces of the jurisdiction in which they are performing emergency services.
Emergency forces continue under the command and control of their regular leaders, but the
organizational units come under the operational control of the emergency services authorities of
the jurisdiction receiving assistance. These conditions may be activated, as needed, by the
jurisdiction that is to receive assistance or upon commencement of exercises or training for
mutual aid and continue as long as the exercises or training for mutual aid are in progress, the
emergency or disaster remains in effect or loaned resources remain in the receiving jurisdiction or
jurisdictions, whichever is longer. The receiving jurisdiction is responsible for informing the
assisting jurisdictions of the specific moment when services will no longer be required.
Licenses and Permits - Article V
Whenever a person holds a license, certificate or other permit issued by any jurisdiction party to
the compact evidencing the meeting of qualifications for professional, mechanical or other skills,
and when such assistance is requested by the receiving party jurisdiction, such person is deemed
to be licensed, certified or permitted by the jurisdiction requesting assistance to render aid
involving such skill to meet an emergency or disaster, subject to such limitations and conditions
as the requesting jurisdiction prescribes by executive order or otherwise.
Liability - Article VI
Any person or entity of a party jurisdiction rendering aid in another jurisdiction pursuant to this
compact are considered agents of the requesting jurisdiction for tort liability and immunity
purposes. Any person or entity rendering aid in another jurisdiction pursuant to this compact are
not liable on account of any act or omission in good faith on the part of such forces while so
engaged or on account of the maintenance or use of any equipment or supplies in connection
therewith. Good faith in this article does not include willful misconduct, gross negligence or
recklessness.
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Supplementary Agreements - Article VII
Because it is probable that the pattern and detail of the machinery for mutual aid among two or
more jurisdictions may differ from that among the jurisdictions that are party to this compact, this
compact contains elements of a broad base common to all jurisdictions, and nothing in this
compact precludes any jurisdiction from entering into supplementary agreements with another
jurisdiction or affects any other agreements already in force among jurisdictions. Supplementary
agreements may include, but are not limited to, provisions for evacuation and reception of injured
and other persons and the exchange of medical, fire, public utility, reconnaissance, welfare,
transportation and communications personnel, equipment and supplies.
Workers' Compensation and Death Benefits - Article VIII
Each party jurisdiction shall provide, in accordance with its own laws, for the payment of
workers' compensation and death benefits to injured members of the emergency forces of that
jurisdiction and to representatives of deceased members of those forces if the members sustain
injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the
same terms as if the injury or death were sustained within their own jurisdiction.
Reimbursement - Article IX
Any party jurisdiction rendering aid in another jurisdiction pursuant to this compact shall, if
requested, be reimbursed by the party jurisdiction receiving such aid for any loss or damage to or
expense incurred in the operation of any equipment and the provision of any service in answering
a request for aid and for the costs incurred in connection with those requests. An aiding party
jurisdiction may assume in whole or in part any such loss, damage, expense or other cost or may
loan such equipment or donate such services to the receiving party jurisdiction without charge or
cost. Any two or more party jurisdictions may enter into supplementary agreements establishing a
different allocation of costs among those jurisdictions. Expenses under article VIII are not
reimbursable under this section.
Evacuation - Article X
Each party jurisdiction shall initiate a process to prepare and maintain plans to facilitate the
movement of and reception of evacuees into its territory or across its territory, according to its
capabilities and powers. The party jurisdiction from which the evacuees came shall assume the
ultimate responsibility for the support of the evacuees, and after the termination of the emergency
or disaster, for the repatriation of such evacuees.
Implementation - Article XI
1. This compact is effective upon its execution or adoption by any two jurisdictions, and is
effective as to any other jurisdiction upon its execution or adoption thereby: subject to
approval or authorization by the U.S. Congress, if required, and subject to enactment of
provincial or state legislation that may be required for the effectiveness of the
Memorandum of Understanding.
2. Any party jurisdiction may withdraw from this compact, but the withdrawal does not
take effect until 30 days after the governor or premier of the withdrawing jurisdiction
has given notice in writing of such withdrawal to the governors or premiers of all other
party jurisdictions. The action does not relieve the withdrawing jurisdiction from
obligations assumed under this compact prior to the effective date of withdrawal.
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3. Duly authenticated copies of this compact in the French and English languages and of
such supplementary agreements as may be entered into shall, at the time of their
approval, be deposited with each of the party jurisdictions.
Severability - Article XII
This compact is construed to effectuate the purposes stated in Article I. If any provision of this
compact is declared unconstitutional or the applicability of the compact to any person or
circumstances is held invalid, the validity of the remainder of this compact and the applicability
of the compact to other persons and circumstances are not affected.
Inconsistency of Language - Article XIII
The validity of the arrangements and agreements consented to in this compact shall not be
affected by any insubstantial difference in form or language as may be adopted by the various
states and provinces.
Amendment - Article XIV
This compact may be amended by agreement of the party jurisdictions.
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APPENDIX J STATES' RECOMMENDATIONS
States' Regional Terrorism Policy Forums
"Protecting States' Critical Infrastructures"
SPONSORED BY THE NATIONAL GOVERNORS' ASSOCIATION
CENTER FOR BEST PRACTICES AND
THE NATIONAL EMERGENCY MANAGEMENT ASSOCIATION
In February 1999, the National Governors' Association (NGA) Center for Best Practices and the
National Emergency Management Association (NEMA) co-sponsored the States' Terrorism Policy
Summit in Williamsburg, Virginia. One of the many significant outcomes arising from that summit,
which was hosted by Governor James S. Gilmore, was the concept that states needed to work
together in partnership with the federal government to develop a coordinated national strategy to
prepare for and deal with the consequences of domestic terrorism. As such, NGA and NEMA
have again combined efforts to co-sponsor a series of regional forums to address domestic
terrorism preparedness by bringing together state145, local, and federal officials to share
information and explore emerging issues about state and federal efforts. These regional
meetings have been conducted throughout 2000, with meetings in Atlanta, Georgia, and Des
Moines, Iowa that were hosted by Governor Roy Barnes and Governor To m Vilsack, respectively.
Another forum was held in Salt Lake City, Utah, and an additional regional meeting is planned for
December in Boston, Massachusetts. In May, 2001 NGA and NEMA anticipate hosting a second
national summit to discuss progress since February 1999, and to define the next steps in
finalizing a national preparedness strategy.
STATES' RECOMMENDATIONS
At each of the policy forms, state officials were asked to make recommendations for improving
the nation's ability to more effectively prepare for, respond to, and recover from the
consequences of terrorism. The following is a compilation of these recommendations from the
first three forums:
Threat/Awareness
1. Credible threat information on WMD is needed that is based on solid research, analysis and
sound science rather than worst-case scenarios based on fiction.
2. States should put more emphasis on the awareness of vulnerabilities and threats concerning
bioterrorism.
3. States should develop an effective strategy for communicating the potential threat to the
public and the media.
4. States need additional training and technical assistance with conducting vulnerability
assessments.
5. States should put more emphasis on the awareness of vulnerabilities and threats concerning
cyberterrorism.
145 The following states attended various regional meetings: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida,
Hawaii, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri,
Montana, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Carolina, South Dakota,
Tennessee, Texas, Virginia, Utah, Washington, West Virginia, Wyoming, Puerto Rico, the Virgin Islands and the District of
Columbia.
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6. States need to take action to ensure that awareness of the possibility of WMD incident at the
executive level and to ensure continuity between Administrations.
Preparedness/Response
7. All levels of government should utilize and improve upon the existing emergency
management and response systems and should not seek to "reinvent the wheel."
8. The federal government must develop an overall terrorism preparedness strategy that
includes program consolidation between all agencies, funding consolidation, integration of
goals and objectives, and a federal single point of contact. The strategy must address
sustainability issues and also identify ways to engage the private sector in domestic
preparedness. Further, this strategy should provide general guidelines and
recommendations for state preparedness in order to tie the nation together in a united
planning effort.
9. Long-term sustainability of federal funding and focus is a major concern for states. The
answer is to integrate domestic preparedness into an all-hazards response capability, utilize
available resources to enhance overall capabilities of state and local response systems.
7. All levels of government should adopt the Incident Command System.
8. All levels of government should formalize interagency relationships through operational
protocols.
9. States should develop mutual aid agreements across multiple jurisdictions and consider
developing a regional WMD response capability.
10. States should mandate WMD specific planning, training, and exercises beyond natural
hazard approach and take advantage of all training opportunities.
11. All levels of government should ensure that crisis management and consequence
management occur in coordination and in parallel.
12. States need to consider a statewide interoperable communications system.
13. States should develop teams (and consider using existing Y2K teams) to deal with
cyberterrorism.
14. A WMD Overhead Management Team should be established to rapidly deploy and establish
a Joint Operations Center (JOC). This team would be activated during a credible or actual
terrorist event involving a weapon of mass destruction. It could be modeled after the National
Incident Management Teams of the National Interagency Coordinating Group. They provide
an overhead management system in response to major wildfires around the nation. They
have also been used during other significant national events. A DOJ/FEMA component and
training could be added to the National Interagency Coordinating Group for this purpose.
15. States need recommended templates, model legislation, and recognized "best practices" to
assist them in WMD preparedness planning and response. NGA and NEMA were identified
as the appropriate organizations to collect and disseminate these resources to the states.
16. A national interoperable Exercise Design and Planning System with an efficient After Action
Reporting (AAR) mechanism is needed to design plan and conduct WMD exercises. The
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Exercise Design and Planning System, EDAPSTM being developed for the New Mexico WMD
program provides this type of application. It is a platform to greatly improve exercises and, it
also provides a measure of standardization and interface without dictating a policy of
standardization. http://demo.edaps.net.
17. States need to develop procedures to access National Pharmaceutical Stockpile including
how to formally request resources and how local governments will receive it.
18. Agricultural terrorism needs to be addressed by states and the federal government.
Coordination/Information Sharing
19. Increased federal coordination is critical to the nations' overall capability to respond to a
terrorist event.
20. States should require the establishment of joint terrorism working groups for coordination.
21. All levels of government should mandate a formal communication network between the
intelligence community and medical community.
22. States should identify what intelligence information is needed at the state level and who can
receive it and assess security clearances with the FBI.
23. Effective relationships should be built and maintained to enhance information sharing among
agencies and levels of government.
24. With regard to the Joint Information Center (JIC), there must be a coordinated message from
all three levels of government.
25. The NDPO, NGA or NEMA should serve as a clearinghouse for "best practices" and share
model plans, effective programs, policy determinations, conference and training information,
etc.
26. A national policy is needed for threat-based information sharing. States recommend that a
national task force be established, with state and local representation, to develop new
protocols for information sharing.
27. A national interoperable communications system with secure access is needed for
responders. This system should utilize the newest available technology. States further
recommend that the Federal Communications Commission (FCC) become engaged in
communications interoperability issues.
Legal Authority/Constitutional Issues
28. Every state should examine state laws and authorities that relate to search and seizure,
invasion of privacy, quarantine, evacuation, relocation or restricting access. States should
develop comprehensive preparedness strategies that utilize all legally available assets.
29. Each Governor must have the appropriate authority to address the above issues as soon as
the situation occurs and have these authorities in place before a WMD incident.
30. States should coordinate with each other regarding restricted access across state lines in a
WMD incident.
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31. The federal government and states may need to consider legislation to protect WMD
intelligence information from Freedom of Information Act Requests.
Medical Issues
32. State public health capabilities must be enhanced nationwide. States recommend that the
medical community be included as first responders in order to place increased emphasis on
life-saving efforts.
33. States should plan, train, and exercise on a regular basis with the medical community
including: HMOs; PPOs; and private hospitals.
34. States should develop a system that mandates information sharing with medical facilities and
state epidemiological offices regarding actual, suspected, and potential terrorist activity.
35. All levels of government should identify ways to provide needed resources to hospitals such
as equipment, training programs, pharmaceuticals, etc.
36. The Joint Commission on Hospital Accreditation should have a standard for hospital
preparedness for terrorism.
37. There should be legal requirements for private hospitals to work cooperatively with the state
on preparedness, particularly with regard to bio-terrorism surveillance and reporting.
Military Issues
38. States should integrate the WMD Civil Support Teams (formerly known as RAID Teams) into
state planning, training, and exercises.
39. States and the military require specific funding to train and exercise together.
Funding
40. States must determine appropriate funding levels (state and federal contributions) for long-
term sustainability such as multi-year funding to match multi-year planning goals and
objectives. One-year funding does not allow long range planning and implementation for
domestic preparedness. Federal funding levels are also not adequate when divided between
all states and thousands of local communities.
41. States need to examine and address the funding needs of hospitals.
42. Congress and the federal government should consider threat and risk as a component of the
criteria for state funding.
43. Congress and federal agencies should develop an expedited funding mechanism for grants
to states.
44. Congress and federal agencies should consider setting aside a percentage of funds within
grants to states for discretionary use based on the needs assessment and strategic plan of
the state.
Training
45. All levels of government should seek to standardize training and exercises.
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46. States should train with all agencies and volunteer organizations.
47. States should be aware of and take advantage of all federal training opportunities.
48. Many states have developed excellent WMD training courses. Increased federal support is
needed for these state training programs so that they can be sustained and shared between
states. A comprehensive compendium of all available federal training programs and funding
would facilitate this process.
49. More training opportunities and forums are needed regarding vulnerability assessments.
Cross discipline training is also needed to develop a common terminology.
Political
50. Given that a new Administration will be in place soon, Congress, the federal government, and
states need to codify the funding authorizations and WMD preparedness programs that are in
place now to ensure continuity and consistency in the future.
51. Much progress has been made with regard to WMD preparedness within a short period of
time. All levels of government need to set baselines for where we are now and establish
measurable goals and objectives for the future.
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APPENDIX K-NATIONAL SURVEY METHODOLOGY
A Survey of Local Responder Organizations
to Assess Federal Government Programs for
CBRN Incident Preparation
Purpose of the Survey
The survey will elicit State and local response organizations' assessments of Federal
programs intended to improve preparedness to respond to a CBRN terrorism incident. In
addition to soliciting local responders' assessments of Federal programs, the survey will
evaluate local awareness of CBRN issues and self-assessed local preparedness to respond
to a CBRN incident, in order to put the assessments in context.
The survey differs from past surveys in that it is not a capability assessment, nor is it a
readiness assessment. Rather, it is a vehicle for responder organizations to provide the
Panel with a local responder assessment of Federal programs. The information collected
will be used to inform and validate the Panel's deliberations, and the results will be
presented as part of the final Panel report.
Assessment questions will fall into two major categories: (1) Questions pertaining to a
subjective assessment of existing Federal government programs aimed at improving local
responder CBRN preparedness, and (2) local responder desires and needs for Federal
Government programs, both those programs that exist but have not yet been provided or
made available to certain local responder organizations and those that are desired or
required but do not exist. A general description of the survey follows.
Survey Outline
Survey questions will be tailored to the individual local responder organization-e.g.,
police department, EMS organization, and public health department-but designed with a
significant amount of similarity and commonality between organizations. This design
will allow evaluation within individual responder organizations and comparisons between
types of responder organizations. The survey will ask questions in several categories:
Organizational Descriptive Information. These questions will characterize the
organization in terms of function, size, location, and other characteristics.
Organizational Threat Perceptions and Experience. These questions will capture how
credible the organizations consider the various types of CBRN threats and whether the
organization has had experience with actual or threatened incidents.
Readiness Assessment, Using Both Subjective and Objective Measures. These questions
will provide some information about current organizational readiness for CBRN
incidents.
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Local Responder Assessment of Their Support Needs and of Current Federal Programs.
Assessment will include existing Federal Government programs aimed at improving local
responder CBRN preparedness and local responder desires and needs for support and for
Federal Government programs. Queries will include awareness of and participation in
key Federal programs intended to support and improve preparedness efforts at the local
and State-levels, as well as barriers encountered in terms of participation such as cost,
availability, time constraints, and others. Examples include grant programs for
equipment purchasing, funding for training and joint exercise opportunities, information
sources and threat assessment updates, technical assistance programs.
Survey Methodology
The survey will be fielded in March of 2001. The survey will be conducted by mail and
will be approximately 1/2 hour in length in order to maximize the response rate.
Questions will primarily be scenario-based and closed ended for specificity, with some
open-ended final questions to allow for unstructured input. Respondent and
organizational anonymity will be promised.
The survey will employ a two-stage sampling strategy in which 200 counties will first be
randomly chosen146 throughout the United States and then one of each of the following
types of local responder organizations will be chosen within each county:
* Law enforcement
* Fire departments, both professional and volunteer
* HAZMAT organizations (separate from fire departments)
* Hospitals
* Emergency medical services (separate from hospitals and fire departments)
* County coroners
* Public health departments
* Offices of emergency management and/or local CBRN/terrorism working groups
The sample will be chosen so that it is statistically representative of each responder
organization population and of local responders in general. In addition, public health
departments and offices of emergency management of every State will be surveyed.
For the county organizations, we will sample 200 organizations. An 80 percent response
rate, yielding 160 completed surveys per type of organization, will result in a confidence
interval half-width of 10 percent at the organizational level, meaning that a 95 percent
confidence interval around the percentage of organizations agreeing with a binary
response question will be plus or minus 10 percent. For questions and analyses that span
all the organizations, the confidence intervals will be significantly smaller.
146 The probability of selection into the sample will be a function of county population. The probabilities
will be set so that counties with larger populations have a higher probability of selection; however, small
and rural counties will also be included in the sample. This sampling scheme was specifically chosen so
that the maximum amount of information can be obtained.
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APPENDIX L-TOPOFF OBSERVATIONS
Several members of the Advisory Panel147 and its support staff observed the conduct of
the national exercise, directed by Congress, called "Top Officials 2000" or TOPOFF,
during the period May 20-24, 2000. Members and staff also observed two of the "after-
action" reviews following the exercise.
The major purpose of the exercise was to engage "top" or senior officials at the Federal
level, especially the heads of agencies with significant responsibilities for combating
terrorism. The exercise was conducted under the joint direction of the Department of
Justice Office of State and Local Domestic Preparedness Support and the Federal
Emergency Management Agency.
There were two "field venues" for the exercise148-Portsmouth, New Hampshire, and
Denver, Colorado-in addition to the Federal agency exercise locations in the National
Capital area. There was each field venue had a its own terrorist "attack" scenario. In
Portsmouth, the attack involved a mustard gas chemical device; in Denver, there was a
biological attack involving a release of "plague."
General Observations
The exercise was only partially successful in engaging the heads of Federal agencies.
Observers made special note of the direct and intense involvement of the Attorney
General of the United States, who participated in many of the pre-exercise orientations,
and was in the national emergency operations center (the FBI's Strategic Information and
Operations Center) for much of the exercise itself. The Director of the Federal
Emergency Management Agency also devoted considerable personal time prior to and
during the exercise. Beyond that, many agency "heads" were designated stand-ins for
actual agency heads.
There is significant value in exercises like TOPOFF, that are more than "table-top" paper
shuffles. With its two major "field" events and separate scenarios, the exercise provided
a degree of realism on issues such as the potential stress on health and medical treatment
activities, as well as the identification of numerous coordination problems among various
governmental agencies at all levels. We encourage additional exercises, and have
recommended more coordination and structure to a national plan for that purpose.
Realism
TOPOFF was intended to be a "no-notice" exercise, with the realistic objective of little or
no advance warning of a terrorist attack. In large measure, the exercise failed to achieve
147 Vice Chairman Jim Clapper, and members Richard Falkenrath, George Foresman, Jim Greenleaf, and
Paul Manis calco.
148 A third field venue-the National Capital area-was originally designed as part of the total TOPOFF
exercise. For reasons not fully explained to observers, that part of the exercise-a radiological release-
was removed from TOPOFF and run as a "concurrent" exercise, National Capital Region 2000.
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that objective. Almost everyone directly involved knew the general exercise time frame
weeks in advance and were able to pinpoint the actual start several days in advance.
Some of the reasons advanced for that result include the requirement to arrange logistics
and other administrative details well in advance, ensuring that certain key officials were
actually available, scheduling response personnel in order not to disrupt real-life
activities, potential problems with overtime pay for response personnel, and others. All
of those factors will, however, pertain if an actual attack occurs. It is our view that a true
test of the ability of various systems and processes, with virtually no notice, is better for
learning lessons than a carefully structured one.
The unfortunate result was a substantial loss of realism. Equipment and personnel assets
were "pre-positioned," normal leaves were cancelled; certain advance coordination that
might not ordinarily be accomplished in advance had already been undertaken.
Recognizing that such reaction may be hard to replicate in an exercise, one observer
noted that there was generally no simulated "panic" or the intense sense of urgency that
would attend an actual event.
Moreover, the perception among State and local officials at the Portsmouth venue was
that, given the specific scenario, the level of Federal response provided was much greater
than would be required if it had been an actual attack of the same magnitude, one senior
official musing that State and local entities could have handled the attack without any
Federal assistance.
Cost of the Exercise
Observers were critical at the apparently excessive cost of the exercise. It is our view
that exercises of this nature can and should be conducted "internally." We believe that
there is no need to "contract out" most of the exercise design and execution. Several
agencies of the Federal government, notably numerous elements of the Department of
Defense, the Federal Emergency Management, various Federal law enforcement
agencies, and other entities have significant expertise in the design and conduct of
exercises. Contractors are not likely to be readily available when an event occurs; actual
systems need to be tested.
In addition, panel observers came away with the impression that too much money was
spent unnecessarily, on such items as T-shirts, pins, caps, other "commemorative" items,
and costly facilities.
"Consequence" and "Crisis" Management
The exercise reinforced our concern with the attempt to draw a bright line between
"crisis" and "consequence" management responsibilities and authority.
One panel observer noted that the FBI does not focus on anything other than "crisis
management." The FBI agents in Portsmouth did not appear to be sensitive to
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"consequence management" issues or coordination. While it is true that the FBI has the
Federal lead for "crisis management," it is clear that the two overlap to such an extent
that coordination of all response activities must have a central, not bifurcated, focus.
Use of the Military
The exercise highlighted both advantages in using the obviously robust capability of the
military, and problems in its coordination and execution. The FBI learned that, for "crisis
management" activities, there are potentially major differences in their understanding of
the military mission, and they way the military structure itself views their roles and
missions.
Who's in Charge?
This question was not resolved in TOPOFF. Coordination issues arose that can,
nevertheless, be fixed; and we are confident that some will.
There were clearly problems with the organization and location of various "operations"
centers. Part of the problem had to do with available facilities, but part is cultural or
parochial or both. We address the issue with specific recommendations in Chapter Three.
As late a 4:00 PM on the day that the attacks actually took place, no Federal agency had
stepped forward and announced its "lead agency" role. That designation should not be
assumed. It must be clear, preferably in advance of an incident. (See more discussion on
operational relationships in Chapter 3.)
Even as late as the after-action review four weeks after the exercise, relationships were
not clear. A state official asked the senior FEMA representative if FEMA is "in charge"
of all consequence management or only the Federal piece. After some thought, the
answer was, "Only the Federal piece."
During the exercise, FEMA representatives were not able to list the full range of support
available at the Federal level to assist State and local responders.
Independent Exercise Evaluation
For valuable lessons to be captured for future reference, it is essential in our view that
there be a thorough and independent evaluation of such exercises. Other than the fact
that the General Accounting Office also observed the exercise and has prepared a briefing
on its observation, there was not structured evaluation of TOPOFF.
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APPENDIX M-DEPARTMENT OF DEFENSE PROGRAM INFORMATION149
Civilian Oversight and Accountability
A large number of DoD entities (including elements of the military departments and
defense agencies, and the combatant Commanders-in-Chief) have varying responsibilities
for parts of DoD activities for combating terrorism.150 The Assistant Secretary of
Defense-Special Operations/Low Intensity Conflict is responsible for most "anti-
terrorism" programs-primarily the engagement, outside of the United States, of special
purpose forces, equipment, and other capabilities. The Secretary has designated another
civilian as Assistant to the Secretary for Civil Support,151 who has principal responsibility
for policy development for "consequence management" activities, including direct
coordination. Other Assistant Secretaries and senior agency officials have responsibility
for other aspects of the Department's total effort. The Congress is now requiring the
DoD to designate an Assistant Secretary of Defense as the senior civilian "with the
overall supervision of the Department's combating terrorism activities,"152 apparently for
the purpose of vesting political accountability and responsibility in a person appointed by
the President and confirmed by the Senate.
In addition, the Congress has directed the Secretary to provide to the Congress a detailed
report on activities to protect military installations from terrorist attack, and to provide
adequate response capability on those installations to respond to such attacks.153
Command and Control
In 1999, DoD established a new headquarters for the planning efforts, and command and
control of subordinate military elements, for providing "consequence management"
support to domestic civil authorities. The Joint Task Force-Civil Support (JTF-CS) is a
149 This is an on-going assessment of several aspects of DoD combating terrorism programs and activities.
It is not an exhaustive review of all such DoD programs. Such an undertaking would require considerable
time and significant resources. The Advisory Panel will, nevertheless, continue to analyze, assess, and
comment on certain DoD activities.
150 See chart attached.
151 This is not an Assistant Secretary position, i.e., appointed by the President, subject to Senate
confirmation.
152 Section 901, National Defense Authorization Act for Fiscal Year 2001 (NDAA FY01)(HR 4205, Pub. L.
106398). See discussion in Conference Report to accompany NDAA FY01, p. 833.
153 Section 1031, NDAA FY01 requires the Secretary of Defense "to submit to Congress a report
on the program of the Department of Defense (DOD) to ensure the preparedness of DOD first responders
for incidents involving weapons of mass destruction on military installations." The provision
directs the Secretary "to include within the report the following: (1) a detailed description of the program;
(2) the schedule and costs associated with the implementation of the program; (3) how the program is being
coordinated with first responders in the communities in the localities of the installations; and (4) the plan
for promoting the interoperability of the equipment used by first responders on DOD installations with the
equipment used by the first responders in the local communities. . ." as well as "a description of
deficiencies in the preparedness of DOD installations to respond to a weapon of mass destruction incident
and the plans of the Department to correct those deficiencies." Conference Report to accompany NDAA
FY01, p. 848.
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major subordinate command of the U.S. Joint Forces Command (previously U.S. Atlantic
Command), headquartered at Norfolk Naval Base, Virginia. On the surface, this new
structure seems to provide an appropriate focus for activities for combating terrorism.
Nevertheless, it now creates two separate systems for providing military assistance to
civil authorities.
Military activities to support civil authorities in emergency response had previously been
coordinated through the U.S. Army's Director of Military Support (DOMS).154 JTF-CS
will now direct consequence management support for terrorism, while DOMS will be
responsible for similar support in other emergencies, especially any military assistance
for response to a natural disaster under provisions of the Stafford Act. The commander
of JTF-CS has made it clear that his organization will only engage in "consequence
management" support activities, and events during TOPOFF 2000 substantiated that
position. While the JTF-CS and staff were present at Portsmouth, New Hampshire, to
respond to requests for "consequence management" support, special purpose forces
deployed to the same venue, under different command structure, to provide direct support
to the FBI. Other structures, including additional JTFs under various combatant
commands, could be used for such "crisis" purposes, but such structures are not well
defined.
National Guard Activities and Structure
Congress and DoD have considered a number of missions and structures for the National
Guard to provide additional combating terrorism support to civilian authorities. There
have been numerous studies and analyses on the subject, including an exhaustive study in
1998-1999.155
National Guard units and personnel have been thought to be an especially attractive asset
for several reasons, including:
ß Guard elements are normally under the authority of State Governors, under
provisions of U.S. Code, Title 32. It is only when Guard personnel conduct
overseas training or when they have been mobilized and deployed under
provisions of Title 10 or other statutes that they become "Federal" forces. In that
Title 32 status, the Governor can direct their employment anywhere in the state
that they may be needed. Moreover, Governors of several States may agree to use
Guard elements for mutual support.
ß Guard personnel in a Title 32 or "state" status are not automatically subject to the
restrictions of 18 U. S. Code, Section 1385-the so-called Posse Comitatus Act-
and other statutory restrictions on the use of the military domestically.156
ß Guard units and personnel are "local." They are viewed as integral parts of
communities; many are employed in their civilian capacity in law enforcement,
fire services, and other "response" occupations. Being local, they are likely to be
154 The Department of the Army had been serving as "Executive Agent" of the DoD for such purposes.
155National Guard Support for Terrorism Response, SAIC, March 1999.
156 See Appendix R for a discussion of those statutory restrictions.
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able to respond more quickly than an active duty military element from
somewhere else in the country.
In 1998, Congress directed the creation of certain National Guard detachments or teams,
designed specifically to assist State and local response entities in "consequence
management" activities. Those units, originally designated Rapid Assessment and Initial
Detection (RAID) teams, are now known as Weapons of Mass Destruction Civil Support
Teams or WMDCSTs. Starting with ten teams, composed of 22 full-time National Guard
active duty personnel, in 1999, Congress directed an additional 17 teams in fiscal year
2000, and recently added five more,157 for a total of 32.158
Training
In Chapter Three, there is a discussion of the Domestic Preparedness Program (the "120
Cities" training program established under the provisions of the Nunn-Lugar-Domenici
Act). Even with the transfer of most aspects of that program to the Department of
Justice, DoD continues to have a number of other training and exercise programs, several
of which involve direct participation by State and local responders.159 Nevertheless, there
apparently is no comprehensive DoD plan or standard for the conduct of such training
activities, nor a senior official designated for the oversight of terrorism-related training
programs.
Domestic Preparedness Programs for Combating Terrorism
DoD had a total budget for combating terrorism of approximately $4.5 billion for FY
2000. A significant portion of that budget goes to support DoD anti-terrorism programs.
What follows is programmatic description that is limited to major research, development,
training, and equipment programs within DoD deemed relevant to domestic preparedness
and response for terrorist incidents. Some programs may only be indirectly related to
State and local terrorism preparedness. The spending on such programs totaled $766.5
million in FY2000, about 18% of the total DoD budget of $4.5 billion for programs to
combat terrorism.
In its 18 May 2000 Annual Report to Congress, the Office of Management and Budget
records only $476 million in FY2000 WMD preparedness spending for the entire
"national security community"-a further indication that it is difficult to discern what
programs are included in the OMB report.
The information contained in this analysis is derived from a 200-page DoD Combating
Terrorism budget document, one that is primarily informational. It appears to be a
compilation of programs, rather than an attempt to establish spending priorities or
157 Section 1032, NDAA FY01.
158 WMDCSTs are being allocated on the basis of one per State, with the exception of California, which has
two.
159 The U.S. Marine Corps Chem-Bio exercise program is one example.
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provide direction to the numerous DoD agencies involved. That is especially true with
research and development programs.
Having said that, the DoD budget document, which provides a description of each
program, is much more comprehensive and inclusive than any that we have found in any
other agency. Individual program descriptions are grouped according to the entity in
DoD with which each is associated.
UNDER SECRETARY OF DEFENSE FOR ACQUISITION, TECHNOLOGY AND LOGISTICS
1. Physical Security Equipment Program, $25.4 million (FY00)
The Office of the Under Secretary of Defense (Acquisition, Technology, and Logistics) is
responsible for the execution of the PSE Program. This program utilizes an ongoing DoD-
coordinated Joint Action Group, including the three Services and the Defense Threat Reduction
Agency. Other representatives may include DoE, DoJ and NIJ. The Joint Action Group's
primary functions include monitoring, directing and prioritizing potential and existing PSE
programs. Each of the Services or CINC users can nominate products for Force Protection
commercial off the shelf evaluation and testing.
2. Chemical/Biological Defense Program, $15.4 million (FY00)
The Defense Threat Reduction Agency (DTRA) is responsible for the Chemical/Biological
Defense Program. Among its projects, this program assesses military installations' vulnerabilities
to chemical and biological threats. In addition, FY2000 plans included providing technical
support and upgrades to the CD-ROM planning tools for Joint Staff Anti-Terrorism/Force
Protection initiatives.
JSIVA Teams (Joint Staff Integrated Vulnerability Assessment) became indigenous to DTRA in
FY2000, giving installation commanders and First Responders the training and tools necessary to
limit their vulnerability to the threat of WMD terrorism and react in a manner that will save lives.
The Chemical/Biological Program also provided equipment and training for 5 WMD Civil
Support Teams in FY2000 and will provide funds for improved Chemical Agent Monitors and
Chemical Agent Monitor simulators in FY2001.
3. Biological Warfare Defense Program, $131.7 million (FY00)
The Defense Advanced Research Project Agency manages and directs this program, which
develops and tests medical response, detection, defensive/protective systems, genetic sequencing,
and consequence management to protect against the possible use of biological warfare agents
(including bacterial, viral and bio-engineered organisms and toxins) by both military and terrorist
opponents. DARPA coordinates its activities with DTRA, the Food and Drug Administration, the
Centers for Disease Control and Prevention, the Department of Energy, and the intelligence
community.
Some examples of the technologies that this program will explore in FY2001 are included below:
ß
Build and test a prototype air purification system for collective protection
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ß
Test, in model systems, one or more of the most promising candidate strategies for rapid
detection based on bodily responses or other biomarkers to provide early indicators of
infection or exposure
ß
Develop neutralization technologies for aerosolized agents
UNDER SECRETARY OF DEFENSE FOR POLICY
4. Combating Terrorism Technology Support (CTTS) Program, $43.6 million (FY00)
The Office of the Assistant Secretary for Special Operations and Low Intensity Conflict, OASD
(SO/LIC), administers the CTTS Program. This program helps fund research and development
efforts as part of DoD's Technical Support Working Group, which is the R&D component of the
Interagency Working Group on Counterterrorism. The program also works with the White
House Office of Science and Technology to determine current government-wide deficiencies that
could be addressed with non-medical research and development. Examples of CTTS Program
projects for FY01 are as follows:
ß
Detection and defeat of improvised explosive devices,
ß
Protection and assurance of critical government, public and private infrastructure systems
required to maintain the national and economic security of the U.S,
ß
Investigative and forensic support to terrorist related cases,
ß
Improvements in personnel protective equipment for escaping the immediate vicinity of a
terrorist attack, and
ß
Development of systems to support the treatment of mass casualties, as well as WMD
threat remediation in urban areas.
CHAIRMAN, JOINT CHIEFS OF STAFF
5. Deputy Directorate for Operations (Combating Terrorism), $2.1 million (FY00)
In 1999 this office coordinated the JSIVAs program that managed and allocated 96 JSIVAs that
assessed DoD installations in the area of physical security, counter-operations, intelligence and
counterintelligence, operational readiness, structural engineering, and infrastructure engineering.
These teams provided commanders with expert assessments of their vulnerability to terrorist
attacks.
Funding also includes a Force Protection Equipment Demonstration that will showcase
commercial off-the-shelf force protection equipment. The funding for FY2001 includes
Executive Seminars on antiterrorism and implementation of the Best Practices Study.
DEPARTMENT OF THE ARMY
6. Domestic Preparedness Program, $32.1 million (FY00)
With the transition of the Domestic Preparedness Program to the Department of Justice, overall
FY01 program funding will be significantly reduced from FY00 (by $10 million). The U.S.
Army will still maintain the following programs in FY01:
ß Expert Assistance Program: The Chem-Bio Database is one of three components that
comprise the Rapid Response Information System (RRIS) being developed and maintained
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by FEMA with interagency members for use by State and local authorities; its maintenance
will continue to be a U.S. Army responsibility.
ß Equipment Testing Program: The Equipment Testing Program evaluates and tests
commercial protective equipment using live agents.
ß Chemical and Biological Improved Response Program: This program relates to DoD
activities with the chemical stockpile emergency preparedness program (CSEPP) and the
WMD Civil Support Teams. As a result, the funding projects for these programs assume that
DoD will bear half of the estimated total program cost, while DoJ assumes the other half.
ß Chemical-Biological Rapid Response Team: DoD is required to maintain at least one
domestic rapid response team per Section 1414 of Pub. L. 104-201. This requirement does
not include the WMD Civil Support Teams since they are under the direction of State
governors.
7. Security, Force Protection and Law Enforcement Division, $136.6 million (FY00)
The Office of the Deputy Chief of Staff for Operations, U.S. Army provides for anti-terrorism
functional courses in the Army's Service School System and the Military Police School. Mobile
Training Teams also conduct training at various locations. This training is not part of the
Domestic Preparedness Program nor other programs for training State and local law enforcement
and first responders.
8. Consequence Management Program (CoMPIO), $107.2 million (FY00)
The Secretary of the Army, as Executive Agent for Military Support to Civil Authorities,
established a Consequence Management Program and Integration Office. The CoMPIO program
responsibilities include: management of the operational training exercises for the WMD Civil
Support Teams and Military Support Detachment, and existing Reserve Component domestic
response, casualty decontamination, NBC reconnaissance, medical, engineering, security,
information, communications, logistics, and transportation organizations supporting civil
authorities in preparing for and responding to the consequences of terrorist attacks using weapons
of mass destruction within the United States.
9. Additional U.S. Army Programs, specific combating terrorism funding unknown.
In addition to the three programs listed above, the U.S. Army is involved in various research,
development, training, and exercising programs that may relate indirectly to WMD response and
yet are not included in the overall DoD combating terrorism FY2001 budget. These programs
include: US Army 52nd Ordnance Group, US Army Technical Support Unit, US Army Response
Task Forces, US Army Medical Research Institute of Chemical Defense, US Army Medical
Research Institute of Infectious Diseases, US Army Edgewood Chemical and Biological Forensic
Analytical Center Modular On-Site Laboratory, US Army Radiological Control Team, and the
US Army Radiological Advisory Medical Team.
DEPARTMENT OF THE NAVY
10. Joint Task Force-Civil Support, Atlantic Command, $5.6 million (FY00)
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Costs associated with the headquarters and for coordination and planning activities of the joint
task force.
11. Chemical Biological Incident Response Force, $1.4 million (FY00)
The Marine Corps System Command's CBIRF research and development programs work towards
the development of key technologies that will benefit CBIRF and the armed forces as a whole.
These improvements are in the areas of reconnaissance, decontamination, emergency medical
support, communications and general support and force protection.
12. Navy Force Protection Division, $152.0 million (FY00)
Like the U.S. Army force protection programs, these training efforts do not directly apply to
domestic response capabilities. However it is important to note that the U.S. Navy is also
conducting anti-terrorism awareness and training program and a cross-agency dialogue may
inform each organization's "best practices." The funding noted above includes material, supplies,
equipment and travel costs to conduct criminal investigative services and antiterrorism awareness
training program ashore and afloat, as well as domestic terrorism coordination and investigation
of theft of navy ordnance.
DEPARTMENT OF THE AIR FORCE
13. First Responder -- WMD Threat Response Program, $73.0 million (FY00)
This program provides first responder (fire, EOD, security forces, medical personnel, and CE
readiness) WMD planning, training, exercising and equipment capabilities for Air Force
installations. The training is modeled after the WMD Civil Support Teams and the Texas A&M
Training Academy programs and is intended to provide direct support for CBIRF deployment. In
FY2000 the Air Force spent $73 million on Foreign Emergency Support Team (FEST) aircraft,
but nothing on first responder training. The FY2001 budget proposal ($2.7 million) does not
reflect any additional procurement.
14. Air Force Office of Special Investigations, FY 40.5 million (FY00)
The Air Force also has its own antiterrorism training program. The FY 01 program funding
includes: 9,748 antiterrorism training sessions and 6 interactive courses for senior Air Force
leaders and their drivers.
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MILITARY PERSONNEL SPENDING FOR COMBATING TERRORISM
The budget numbers attached to the brief program descriptions listed above do not
include spending for military personnel. Not all spending for domestic preparedness for
terrorism has been, nor perhaps can be, captured. Spending for such personnel costs that
has been included in the DoD budget document is summarized below.
The first chart provides personnel costs for the Consequence Management and Domestic
Preparedness Programs. The Consequence Management program personnel funding for
FY2000 is primarily for the National Guard WMDCSTs. For FY2001, according to the
DoD budget submission, costs also include the "local Department of Defense installation
commander's training for first responders." The Domestic Preparedness program costs
for FY2000 reflect DoD's exclusive responsibility for its implementation. Most of that
program transferred to DOJ on October 1, 2000.
Consequence Management and Domestic Preparedness Programs
Agency Category FY2000 FY2001
Army AC Military personnel $ 600,000 $ 100,000
National Guard 20,000,000 27,500,000
Reserve 2,100,000 100,000
Navy * * *
Marine Corps * * *
Air Force National Guard 5,400,000 6,700,000
Consequence Management Totals $ 28,100,000 $ 34,400,000
*Note: The Navy and the Marine Corps did not provide a breakdown of spending on personnel. The Navy
had 26 personnel (primarily for JTF-CS) and the Marine Corps had 373 personnel dedicated to consequence
management in FY2000. (primarily for CBIRF). In neither case were personnel costs provided.
Personnel costs reflected in the following chart represent spending for all terrorism
programs-anti-terrorism, counter-terrorism, "crisis management," and "consequence
management," domestic preparedness, force protection, and installation defense-
worldwide. Personnel costs in the preceding chart are included in the totals below.
Total Military Personnel Spending for Combating Terrorism
Agency Category FY2000 FY2001
Army AC Military personnel $ 676,500,000 $ 698,200,000
National Guard 85,100,000 94,100,000
Reserve 46,800,000 45,200,000
Navy AC Military personnel 155,190,000 167,240,000
Reserve 11,959,000 12,678,000
Marine Corps AC Military personnel 308,809,000 322,418,000
Reserve 4,290,000 4,540,000
Air Force AC Military personnel 901,000,000 938,500,000
National Guard 95,900,000 100,900,000
Reserve 34,800,000 35,500,000
SOCOM AC Military personnel 92,596,000 99,025,000
Totals $2,320,440,596 $ 2,518,301,000
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Federal Agencies with Responsibilities for WMD and Terrorism Issues
Department of Defense Organizational Structure for Combating Terrorism
Department of Defense Special Assistant for
Secretary, Deputy Secretary Civil Support
UnderSecretary UnderSecretary for UnderSecretary U.S. Joint Forces Secretary of the Army Chairman, Joint
for Policy Personnel and for Acquisition C o m m a n d Chiefs of Staff
Readiness and Technology Assistant Chief of Staff, Vice Chairman
Assistant Secretary for
Joint Task Force - Army
Secretary for Assistant Secretary Chief of Staff, Army
Defense Threat Civil Support Manpower &
International for Reserve Affairs Reduction Reserve Chief of Naval
Security The Army Staff
Agency Affairs Operations
Affairs Assistant Secretary Other Unified Chief of Staff, Air
for Health Affairs U.S. Army
Defense Assistant
Commanders -in - Materiel Force
Assistant Research and Secretary for
Chief Command
Secretary for Commandant,
Engineering Installations
Special Assistant Secretary for Marine Corps
&
Operations Command, Control, Soldier &
Environment Biological
and Low Communications, and Defense Advanced Research Chemical Director, Joint Staff
Intensity Intelligence Projects Agency Director of Command
Conflict Military Support J -2, Intelligence
Defense Intelligence Arsenals
Assistant to the Secretary of
Assistant Agency J -3, Operations
Defense - Nuclear, Chemical Assistant Rapid
Secretary for and Biological Defense Response
Secretary for J -4, Logistics
Strategy and Defense Information Teams
Programs Acquisition,
Threat Systems Agency Logistics & J -5, Strategic Plans &
Reduction U.S. Army
Technology Policy
Ballistic
Defense Security Medical
Missile Defense Research and
Service J-6, Command,
Organization Joint Program Office for Materiel Control,
Biological Defense Command Communications &
National Imagery and Computer Systems
Mapping Agency Defense
Logistics J -7, Operational Plans
National Security U.S.Army U.S.Army Medical U.S.Army
Agency & Interoperability
Medical Research Research Institute Medical
Agency Institute of of Infectious Materiel
Chemical Defense Diseases Command J-8, Force Structure,
National Resources &
Reconnaissance Office Assessment
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
APPENDIX N-DEPARTMENT OF JUSTICE PROGRAM INFORMATION
The Department of Justice has not produced a document that provides program
description for all combating terrorism programs in DOJ. Most such programs are
administered either through the Office of Justice Programs (OJP), and its subordinate
entities, especially the Office of State and Local Domestic Preparedness Support, or
through the Federal Bureau of Investigation. As the following charts indicate, the OMB
budget document for the DOJ portion of "WMD Preparedness" also provides limited
details.
OMB Summary of DOJ's Combating Terrorism Spending
Dollars in Millions FY99 Actual FY00 Enacted FY01 Request
WMD Preparedness $201.20 $217.20 $254.70
CIP 54.10 44.00 45.50
Totals (Dollars in Millions) $255.30 $261.20 $300.20
Within the main body of the report (Chapter 3), we have commented favorably on
specific aspects of the DOJ programs, particularly the equipment grant program, and the
"assessment" tool developed by OSLDPS as part of that process; we have also expressed
our concern about the potential impact of the transfer of the Domestic Preparedness
Program from the DoD to DOJ. In Appendix L, we have included specific comments on
the observation of the TOPOFF exercise by members of the Advisory Panel.
As noted elsewhere in this report, the vast majority of the programs under OJP have
never been authorized. They only exist through a funding stream provided in a
succession of appropriations bills. That will continue to be the case in FY2001, assuming
that applicable provisions of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act for 2001 is eventually signed into
law in substantially the form passed by the Congress.
OJP FY2000 Program Plan Summary
Office Program FY00 Enacted
Bureau of Justice Assistance State and Local Anti-Terrorism Training $ 2.00
National Institute of Justice Counterterrorism Technology 37.20
Office for Victims of Crime N/A 0.70
Office for State and Local Domestic See OSLDPS chart below 94.80
Preparedness Support
Totals (Dollars in Millions) $134.70
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Provisions contained in the FY2001 Conference Report to accompany that appropriations
act are descriptive of the problems with programs not properly authorized and the impact
of special funding earmarks:160
"Counterterrorism Assistance. A total of $220,980,000 to continue the initiative to
prepare, equip, and train State and local entities to respond to incidents of chemical,
biological, radiological, and other types of domestic terrorism. Funding is provided as
follows:
"Equipment. $109,400,000 is provided for grants to equip State and local first
responders, including, but not limited to, firefighters and emergency services personnel,
as follows:
"$97,000,000 for Domestic Preparedness Equipment Grants to be used to procure
specialized equipment required by State and local first responders to respond to terrorist
incidents involving chemical, biological, radiological, and explosive weapons of mass
destruction (WMD). The conference agreement continues the direction included in the
fiscal year 2000 Appropriations Act, allowing funds to be allocated only in accordance
with an approved State plan, and adopts the direction included in the Senate report
requiring 80 percent of each State's funding to be provided to local communities with the
greatest need.
"Within the total amount provided for these grants, up to $2,000,000 shall be made
available for continued support of the Domestic Preparedness Equipment Technical
Assistance program at the Pine Bluff Arsenal; $5,000,000 is for equipment grants for
State and local bomb technicians; and$7,400,000 is for pre-positioned equipment.
"Nunn-Lugar-Domenici Program (NLD). $20,980,000 is for the NLD Domestic
Preparedness Program authorized under the National Defense Authorization Act, 1997,
and previously funded by the Department of Defense, to provide training and other
assistance to the 120 largest U.S. cities. On April 6, 2000, the President proposed the
transfer of responsibility for completion of the NLD program to the Department of
Justice. The conference agreement provides the full amount necessary to complete the
NLD program, of which $8,100,000 is for training and $6,880,000 is for exercises for the
remainder of the 120 cities; $3,000,000 is for Improved Response Plans; and $3,000,000
is for management and administrative costs associated with this program. Within the
amounts provided for Domestic Preparedness Equipment grants, the Office of Justice
Programs may provide equipment to NLD cities if such equipment is necessary to fulfill
the requirements of the program. The conference agreement includes a series of new
programs to address training and exercise requirements on a national basis, and expects
the Office of Justice Programs to provide any future training and exercises assistance
through these programs.
160 Conference Report 106 1005, 106th Congress, 2nd Session, Title I extract.
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"Training. $45,500,000 is for training programs for State and local first responders, to be
distributed as follows:
"$33,500,000 is for the National Domestic Preparedness Consortium, of which
$15,500,000 is for the Center for Domestic Preparedness at Ft. McClellan, Alabama,
including $500,000 for management and administration of the Center; $5,250,000 is for
the Texas Engineering Extension Service at Texas A&M; and $12,750,000 is to be
equally divided among the three other Consortium members; $8,000,000 is for additional
training programs to address emerging training needs not provided for by the Consortium
or elsewhere. In distributing these funds, OJP is expected to consider the needs of
firefighters and emergency services personnel, and State and local law enforcement;
$3,000,000 is for continuation of distance learning training programs at the National
Terrorism Preparedness Institute at the Southeastern Public Safety Institute to provide
training through advanced distributive learning technology and other mechanisms; and
$1,000,000 is for continuation of the State and Local Antiterrorism Training Program.
"Exercises. $7,000,000 is for exercise programs, of which $4,000,000 is for grants to
assist State and local jurisdictions in planning and conducting exercises to enhance their
response capabilities, and $3,000,000 is for planning, execution, and analysis of TOPOFF
II.
"Technical Assistance. $2,000,000 is for technical assistance to States and localities.
"Counterterrorism Research and Development. $36,100,000 is for counterterrorism
research and development, of which $18,000,000 is for the Dartmouth Institute for
Security Technology Studies (ISTS),$18,000,000 is for the Oklahoma City National
Memorial Institute for the Prevention of Terrorism (MIPT), and $100,000 is for a pilot
project to develop an RDT&E system similar to the Department of Defense System, as
proposed in the Senate report. Within the amount provided for MIPT, up to $4,000,000 is
to be used to support the development of performance standards in a biological and
chemical environment for respirators and personal protective garments. The MIPT and
the ISTS are directed to work with the Technical Support Working Group and the
National Domestic Preparedness Office to develop and implement a process whereby
WMD equipment is standardized."
Broad programmatic descriptions of the application of similar funds for FY2000 are
shown in the following table.
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Office for State and Local Domestic Preparedness Support
Program/Grant FY00 Enacted
National Domestic Preparedness Consortium $10.50
Center for Domestic Preparedness 13.00
Metropolitan Firefighters and Emergency Medical Services 1.50
Training Program
WMD Awareness for Sheriffs 0.60
Personal Scene Safety Training 0.50
State Domestic Preparedness Equipment Support Program 64.50
State and Local Domestic Preparedness Exercise Program 1.20
State and Local Domestic Preparedness Technical 1.50
Assistance Program
Executive Session on Domestic Preparedness 0.75
Terrorism Policy Workshops 0.75
Totals (Dollars in Millions) $94.80
* Note: In FY01, the Domestic Preparedness Training Program, formerly at DoD will shift to DOJ,
costing approximately $31 million.
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APPENDIX O-PANEL ACTIVITIES
Calendar Year 2000
During the past year, the panel held four formal meetings:
March 29, 2000 at the Pentagon, Washington, DC
July 17-18, RAND Washington Office, Arlington, VA
September 28-29, Library of Virginia, Richmond, VA
November 27-28, RAND Washington Office, Arlington, VA
During the course of those meetings, panel members received formal presentations from
the following:
ß Barry Kelman, DePaul University School of Law, and Michael Wermuth, RAND
Project Director, on International and Domestic Law regarding Terrorism
ß Pam Berkowsky, Assistant to the Secretary of Defense-Civil Support, and BG
Bruce Lawlor, Commander, Joint Task Force-Civil Support, on DoD Terrorism
Policy and Force Structure Issues
ß Ed Plaugher, Chief, Arlington County (VA) Fire Department, Dr. Henry
Siegelson, Emory University Medical Center, and Panel Members Dr. Patricia
Quinlisk and Dr. Ken Shine, on Critical Health and Medical Issues
ß Richard Clarke, Special Assistant to the President for Transnational Threats and
National Coordinator for Infrastructure Protection and Counter-terrorism, and
Lisa Gordon Hagerty, NSC Director for Transnational Threats, with NSC
Terrorism Updates
ß Ted Macklin, Office of State and Local Domestic Preparedness Support (DOJ),
and Anne Martin, Federal Emergency Management Agency, Exercise Co-
Directors for TOPOFF 2000
ß George Goodwin and Richard Babarsky, Ph.D., Joint Assessment of Catastrophic
Events, National Ground Intelligence Center; Major Adrian Bogart and Special
Agent John Frank, InterAgency Board for Equipment Standardization and
InterOperability (IAB); Andy Mitchell, Office of State and Local Domestic
Preparedness Support, Department of Justice; and LTC Don Buley, Joint Program
Office for Biological Defense, Department of Defense, on Technology,
Equipment and Standards
ß Panel Member L. Paul "Jerry" Bremer, on the Report of the National Commission
on Terrorism
ß Panel Members Jim Clapper, Jim Greenleaf, Richard Falkenrath, George
Foresman, and Paul Maniscalco, and RAND Project Director Mike Wermuth, on
Observations from the TOPOFF 2000 Exercise
ß Ambassador Michael Sheehan, and Sam Brinkley, U.S. Department of State, on
the U.S. International Strategy for Combating Terrorism
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ß Bruce Morris, Chief Deputy Secretary, Virginia Department of Public Safety, on
the Meeting of the Advisory Committee for Assistance to State and Local
Authorities
ß The Honorable William Webster, former Director of the FBI, and former Director
of Central Intelligence on Coordination of Terrorism Intelligence and
Investigative Activities
ß Jeffrey Hunker, NSC Director for Critical Infrastructure Protection; John Tritak,
Critical Information Assurance Office (CIAO); Leslie Wiser, National
Infrastructure Protection Center (NIPC); Captain Robert West, Joint Task Force-
Computer Network Defense (US Space Command) (JTFCND); and Lee Zeichner,
LegalNetWorks, on Providing Cyber Security and Defending Other Critical
Infrastructure
At the March 2000 meeting, panel members determined that one-day meetings were
insufficient for the amount of information that needed to be presented and adequate time
to discuss the issues involved. As a result, starting with the July 2000 meeting, the panel
now conducts two-day sessions.
Under the provisions of the Federal Advisory Committee Act, meetings of the panel are
generally open to the public, except when national security classified information is being
presented or discussed, or for one of the other exceptions stated in the Act. Notices of
meetings are published in the Federal Register and posted on the panel's web page on the
RAND web site, http://www.rand.org. Unclassified minutes of panel meetings are posted
to the same web page as soon as the panel has approved them.
In addition to its regular meetings, panel members and support staff attended and
participated directly in numerous conferences, workshops ands symposia on the subject
of terrorism. In addition panel members and staff attended several Congressional
hearings on terrorism. Panel Vice Chairman Jim Clapper presented testimony on the
work of the panel before the Subcommittee on Investigations, Oversight, and Emergency
Management, Committee on Transportation and Infrastructure, U.S. House of
Representatives; and Project Director Michael Wermuth presented testimony on the work
of the panel before the Subcommittee on National Security and Veteran's Affairs,
Committee on Governmental Reform, U.S. House of Representatives.
Calendar Year 2001 Planned
Continuing Review and Analysis of Federal Programs
The panel, in conjunction with its supporting FFRDC, will continue its review and
analysis of existing Federal programs that are designed, in whole or in part, to support or
enhance domestic preparedness programs for terrorist incidents.
The review and analysis will place particular emphasis on those areas specifically
mentioned in the enabling legislation: training, communications, equipment, planning
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requirements, the needs of maritime regions, and coordination among the various levels
of government.
The review and analysis of equipment issues will continue to focus on research,
development, testing, and evaluation of equipment currently available, as well as
emerging technologies, communications interoperability, and the development and timely
dissemination of various categories of critical information between and among entities at
the Federal, State, and local level.
Most significantly, the review and analysis with concentrate on several issues:
ß Use of the military to respond domestically
ß Policies and programs for dealing with the threat of cyber terrorism
ß Health and medical issues
ß Combating Terrorism fiscal strategies at the Federal, State and local levels
Survey of Local Responders and State Emergency Management and Response
Organizations
During the coming months, the panel will complete its nationwide survey of State and
local entities. The survey will be designed to elicit the views of those surveyed with
respect to the efficacy of current Federal programs, particularly in the areas of training,
equipment, planning, communications, and Federal agency coordination among the
various levels of government. The survey will be conducted with a targeted survey
audience that will include all geographic regions of the country, and in states and
localities with a broad range of population densities.161
Interviews with Federal, State, and Local Officials
The panel members and support staff will continue to conduct interviews with
selected senior and mid-level officials at the Federal, State, and local level-including, at
the local level, law enforcement, fire services, emergency and other medical providers,
public health personnel, and other emergency service officials. The purpose of the
interviews will be to obtain more detailed information on programs and activities
currently being conducted in certain jurisdictions, as well as specific proposals or
recommendations that any of those persons interviewed may have to improve or enhance
Federal efforts designed to strengthen local emergency responses to any such incident.
161 For a complete description of the survey, see Appendix K.
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APPENDIX P-Glossary of Terms
ACLU American Civil Liberties Union
ACPR Ariel Center for Policy Research, Tel Aviv
ATD Anti-Terrorist Division, Los Angeles Police Department
BSD Biosensor Systems Design, Inc.
BW Biological Weapons
CB Chemical and Biological
CBO Civilian Behavior Officer
CBRN Chemical, Biological, Radiological, and Nuclear
CBW Chemical and Biological Weapons
CDC Centers for Disease Control and Prevention
CEOC County Emergency Operations Center
CERTCC Computer Emergency Response Team Coordination Center,
Carnegie Mellon University
CFR Code of Federal Regulations
CIA Central Intelligence Agency
CIAO Critical Information Assurance Office, Department of Commerce
CIP Critical Infrastructure Protection
CIPHER Common Information for Public Health Electronic Reporting
CJS Departments of Commerce, Justice, and State, and the Judiciary and
Related Agencies Appropriations Act
CoMPIO Consequence Management Program, Secretary of the Army
CONPLAN U.S. Interagency Domestic Terrorism Concept of Operations Plan
COTS Commercial Off-the-Shelf
CSEPP Chemical Stockpile Emergency Preparedness Program,
Department of the Army
CSTE Council of State and Territorial Epidemiologists
CT Counter-Terrorism
CTTS Combating Terrorism Technical Support Program,
Department of Defense
CW Chemical Weapons
DCI Director of Central Intelligence
DDOS Distributed Denial of Service
DHHS U.S. Department of Health and Human Services
DHS Department of Health Services, Los Angeles County
DNC Democratic National Convention
DOC Department of Commerce
DoD Department of Defense
DOE Department of Energy
DOJ Department of Justice
DOMS Director of Military Support, U.S. Army
DPP Domestic Preparedness Program,
Department of Defense/Department of Justice
DTRA Defense Threat Reduction Agency, Department of Defense
EMAC Emergency Management Assistance Compact
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EMS Emergency Medical Service
EOB Los Angeles County Sheriff's Department Emergency Operations Bureau
EOC Federal Emergency Operations Center
EOS Los Angeles Police Department Emergency Operations Section
EPA Environmental Protection Agency
EPI-X Epi-X, Centers for Disease Control and Prevention,
Department of Health and Human Services
FBI Federal Bureau of Investigation, Department of Justice
FCC Federal Communications Commission
FDA Food and Drug Administration, Department of Health and Human
Services
FedCIRC Federal Computer Incident Response Center,
General Services Administration
FEMA Federal Emergency Management Agency
FEST Foreign Emergency Support Teams, Department of State
FIRM First Responders Mask
FISA Foreign Intelligence Surveillance Act
FISC Foreign Intelligence Surveillance Court
FRP Federal Response Plan
FY Fiscal Year
GAO General Accounting Office
HAN Health Alert Network (CDC)
HAZMAT Hazardous Materials
HFC Home Front Command, Israel Defense Forces
HHS Department of Health and Human Services
HUMINT Human Intelligence
IAB Inter-Agency Board for Equipment Standardization and InterOperability
ICS Incident Command System
ICT International Policy Institute for Counter-Terrorism
IDF Israel Defense Forces
ISAC Information Sharing and Analysis Center
ISTS Institute for Security Technology Studies, Dartmouth
IW Information Warfare
JAMA Journal of the American Medical Association
JIC Joint Information Center
JOC Joint Operation Center
JSIVA Joint Staff Integrated Vulnerability Assessment Teams
JTFCND Joint Task Force Command
JTF-CS joint Task Force-Civil Support, U.S. Joint Forces Command
JTTF Joint Terrorism Task Force, Federal Bureau of Investigation
LACoFD Los Angeles County Fire Department
LAFD Los Angeles City Fire Department
LAPD Los Angeles Police Department
LASD Los Angeles County Sheriff's Department
LAWA Los Angeles World Airports
LAX Los Angeles International Airport
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LEO Law Enforcement Online
LFA Lead Federal Agency
MASINT Measurement and Signature Intelligence
MDA Magen David Adom, Israeli EMS
MIPT Memorial Institute for Preventing Terrorism, Oklahoma City
MMRS Metropolitan Medical Response System
MOD Israel Ministry of Defense
MOE Israel Ministry of the Environment
MOH Israel Ministry of Health
MOU Memorandum of Understanding
NAPHSIS National Association for Public Health Statistics and Information Systems
NBC Nuclear, Biological and Chemical
NDAA National Defense Authorization Act
NDPO National Domestic Preparedness Office, Federal Bureau of Investigation
NEMA National Emergency Management Association
NGA National Governors Association
NICI National Interagency Civil-Military Institute
NIH National Institutes of Health, Department of Health and Human Services
NIJ National Institute of Justice, Office of Justice Programs,
Department of Justice
NIO National Intelligence Officer
NIOSH National Institute for Occupational Safety and Health,
Department of Health and Human Services
NIPC National Infrastructure Protection Center,
Federal Bureau of Investigation,
NIST National Institute for Standards and Technology,
Department of Commerce
NLD Nunn-Lugar-Domenici Act
NMRT National Medical Response Team
NSC National Security Council
NTS Nevada Test Site
OEM Los Angeles County Office of Emergency Management
OIC Officer in Charge
OIPR Office of Intelligence Policy and Review, Department of Justice
OJP Office of Justice Programs, Department of Justice
OMB Office of Management and Budget
ONDCP Office of National Drug Control Policy
OSD Office of the Secretary of Defense, Department of Defense
OSHA Occupational Safety and Health Administration,
Department of Health and Human Services
OSINT Open source intelligence
OSLDPS Office for State and Local Domestic Preparedness Support,
Office of Justice Programs
OSTP Office of Science and Technology Policy
PCCIP President's Commission on Critical Infrastructure Protection
PDD Presidential Decision Directive
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PPE Personal Protective Equipment
PUB L Public Law
R&D Research and Development
RAID Rapid Assessment Initial Detection teams
RDT&E Research, Development, Test and Evaluation
RFW Radio Frequency Weapons
RRIS Rapid Response Information System, Department of the Army
SDN Secure Date Network (CDC)
SEMS Standardized Emergency Management System
SIS Los Angeles County Sheriff's Special Investigations Section
SO/LIC Special Operations/Low Intensity Conflict, Department of Defense
TEWG Terrorism Early Warning Group, Los Angeles Operational Area
TSWG Technical Support Working Group
TWG Terrorism Working Group, Los Angeles Operational Area
UCS Unified Command System
USAMRIID U.S. Army Medical Research Institute of Infectious Diseases
WHO World Health Organization
WMD Weapons of Mass Destruction
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APPENDIX Q-WORKING DEFINITIONS
"Weapons of Mass Destruction"
For reasons of clarity and precision, the report uses the term CBRN (chemical, biological,
radiological, and nuclear) terrorism, in preference to the more commonly used, yet
potentially misleading term, "weapons of mass destruction" or WMD, to describe the
unconventional types of weapons that terrorists may use. As recognized in at least one
Federal statute, moreover, even small amounts of conventional explosives could
potentially have "mass destructive" effects. 162 Indeed, few Americans would likely
conclude that the device used in the attack by Timothy McVeigh and his cohorts on the
Murrah Federal Building in Oklahoma City was anything other than a "weapon of mass
destruction," despite the more limited definition in the Nunn-Lugar-Domenici Act. It is
intended that the term CBRN within the construct of this report include, as an example,
potential terrorist attacks on industrial chemical facilities that do not necessarily involve
an actual CBRN weapon, where the purpose is to engineer the hazardous release of a
toxic gas or other substance intended to kill and injure surrounding populations.
"Mass Casualties"
With the exception of nuclear weapons, none of the unconventional weapons by itself is,
in fact, capable of wreaking mass destruction, at least not in structural terms. Indeed, the
terminology "weapons of mass casualties" may be a more accurate depiction of the
potentially lethal power that could be unleashed by chemical, biological, or nonexplosive
radiological weapons. The distinction is more than rhetorical and is critical to
understanding the vastly different levels of technological skills and capabilities, weapons
expertise, production requirements, and dissemination or delivery methods needed to
162The NLD (Nunn-Lugar-Domenici) Act defines a "weapon of mass destruction" as "any weapon or
device that is intended, or has the capability, to cause death or serious bodily injury to a significant number
of people through the release, dissemination, or impact of-(A) toxic or poisonous chemicals or their
precursors; (B) a disease organism; or (C) radiation or radioactivity." Nevertheless, 18 U.S.C, Section
2332a, which makes it a Federal crime -carrying a maximum penalty of death or life imprisonment-to
use "certain weapons of mass destruction," includes in its definition of such weapons not only definitional
elements substantially similar to those contained in NLD, but also "any destructive device as defined in
section 921" of that title, which includes (A) any explosive, incendiary, or poison gas (i) bomb, (ii)
grenade, (iii) rocket having a propellant charge of more than four ounces, (iv) missile having an explosive
or incendiary charge of more than one-quarter ounce, (v) mine, or (vi) device similar to any of the devices
described in the preceding clauses; (B) any type of weapon (other than a shotgun or a shotgun shell which. .
.is generally recognized as particularly suitable for sporting purposes) by whatever name known which
will, or which may be readily converted to, expel a projectile by the action of an explosive or other
propellant, and which has any barrel with a bore of more than one-half inch in diameter; and (C) any
combination of parts either designed or intended for use in converting any device into any destructive
device described in subparagraph (A) or (B) and from any combination of parts either designed or intended
for use in converting any which a destructive device may be readily assembled."
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undertake an effective attack using either chemical or biological weapons in particular.163
Nevertheless, there continues to be no universally accepted definition of "mass
casualties." The panel has, instead, chosen to describe casualties in a range:
Terrorist acts of that fall into the category of "higher probability" (e.g., with the use of
conventional high explosives) will produce casualties of "lower consequences" in the
dozens, compared to a "lower probability" attack (the mass release of an infectious
biologic), that can cause "higher consequence" casualties in the thousands or tens of
thousands.
Terrorism
There continues to be no universally accepted definition of terrorism. The definition of
terrorism employed in this report, and used as the framework for its first report and the
Panel's deliberations to date, is essentially one used by RAND for more than a quarter of
a century:
Terrorism is violence, or the threat of violence, calculated to create an atmosphere of fear
and alarm, through acts designed to coerce others into actions they otherwise would not
undertake or into refraining from actions that they desired to take. All terrorist acts are
crimes. Many would also be violations of the rules of war, if a state of war existed. This
violence or threat of violence is generally directed against civilian targets. The motives
of all terrorists are political, and terrorist actions are generally carried out in a way that
will achieve maximum publicity. The perpetrators are usually members of an organized
group, although increasingly lone actors or individuals who may have separated from a
group can have both the motivation and potentially the capability to perpetrate a terrorist
attack. Unlike other criminals, terrorists often claim credit for their acts. Finally,
terrorist acts are intended to produce effects beyond the immediate physical damage that
they cause.164
Terrorist Group
For the purposes of this report, a terrorist group is defined as a collection of individuals
belonging to an autonomous nonstate or subnational revolutionary or antigovernment
movement who are dedicated to the use of violence to achieve their objectives. Such an
entity is seen as having at least some structure and command and control apparatus that,
no matter how loose or flexible, nonetheless provides an overall organizational
163Although biological agents "are often described as `weapons of mass destruction,' it does not follow that
the ability to inflict mass casualties is an intrinsic property. Key variables in determining the impact of a
[biological] terrorist attack are the quantity of agent employed and the means of dissemination." See
Jonathan B. Tucker and Amy Sands, "An Unlikely Threat," Bulletin of the Atomic Scientists, Vol. 55, No. 4
(July/August 1999), which can be accessed at http://www.bullatomsci.org/issues/1999/ja99/
ja99tucker.html
164From Karen Gardela and Bruce Hoffman, The RAND Chronology of International Terrorism for 1986
(Santa Monica, Calif.: RAND, R-3890-RC, 1990), p. 1 (with slight modifications), which in turn is taken
from Brian Michael Jenkins, International Terrorism: A New Kind of Warfare (Santa Monica, Calif.:
RAND , P-5261, 1974).
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framework and general strategic direction. This definition is meant to include
contemporary religion-motivated and apocalyptic groups, and other movements that seek
theological justification or divine sanction for their acts of violence.
State-Sponsored Terrorism
State-sponsored terrorism is defined here as the active involvement of a foreign
government in training, arming, and providing other logistical and intelligence assistance
as well as sanctuary to an otherwise autonomous terrorist group for the purpose of
carrying out violent acts on behalf of that government against its enemies. State-
sponsored terrorism is, therefore, regarded as a form of surrogate warfare.
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APPENDIX R-CONSTITUTIONAL AND LEGAL AUTHORITIES FOR THE USE
OF THE MILITARY DOMESTICALLY
There are several constitutional bases for the use of the military domestically in support
of civil authorities. Article One gives Congress the power to create military forces, and
provide for their regulation, and contains explicit language for "calling forth the militia"
to enforce laws, and suppress rebellions and insurrections.165
Article Two designates the President as commander in chief not only of regular Federal
forces, but also of the state militias, when in Federal service-"militia" in each of these
cases being what we now know as the National Guard of the various States.166
Article Four says that the United States shall protect each of the states not only against
invasion, but also against "domestic violence." Note the use of the word of the
obligatory "shall" and not the permissive "may."167
In the first century of the Republic, there were a number of instances in which the
military was used to enforce laws, which gave rise to some criticism of those activities,
most particularly, military actions in the reconstruction and post-reconstruction periods in
the South. It was the latter circumstances that caused Congress, in June of 1878, to pass
what has come to be called the "Posse Comitatus Act."168 Posse Comitatus translated
from Latin means "the power or force of the county."169
The Congress did not proscribe the use of the military in Title 10-the code title for
military activities generally-as a "posse comitatus," or otherwise as a means of
enforcing the laws, it made it a crime under Title 18 to do so. Moreover, the statute does
not refer to the laws "of the United States," it refers to "the laws" generally, which can
include the laws of the various States.
165 "ARTICLE I, Section 8. The Congress shall have power. . .;
"To raise and support Armies . . .;
"To provide and maintain a Navy;
"To make rules for the Government and Regulation of the land and naval Forces;
"To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel
Invasions; . . . ."
166 "ARTICLE II, Section 2. The President shall be Commander in Chief of the Army and Navy of the
United States, and of the Militia of the several States, when called into the actual Service of the United
States . . . ."
167 "ARTICLE IV, Section 4. The United States shall guarantee to every State in this Union a Republican
Form of Government, and shall protect each of them against Invasion; and on application of the
Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence. "
168 "18 U. S. Code, Section 1385 - Use of Army and Air Force as a posse comitatus. Whoever, except in
cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses
any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined
under this title or impris oned not more than two years, or both."
169 Black's Law Dictionary, West Publishing Company, St. Paul, MN, citing case references. See also The
American Heritage Dictionary, Second College Edition, special print for the Virginia Polytechnic Institute
and State University, Houghton Mifflin Company, Boston, 1985.
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But the Congress created an exception for those cases authorized in the Constitution or
other Acts of Congress. As noted above, there is at least one specific and preexisting
Constitutional mandate.
In the years following the enactment of the Posse Comitatus Act, the Congress has
created a number of statutory exceptions to that Act, which fall into four major
categories:
Insurrections/Civil Disturbances
Counterdrug Operations
Disaster Relief
Counter-terrorism/Weapons of Mass Destruction
There are also a number of "minor" exceptions, covering a wide range of activities.170
In 1956, Congress created broad authority for use of the military to suppress
insurrections, rebellions, and unlawful combinations and conspiracies in the various
states an extension of the Constitutional mandate to protect the states against domestic
violence.171
Beginning in 1981, and as amended in the intervening years, Congress has created a
number of authorized activities for use of the military in counterdrug operations, both
inside the United States, and extraterritorially.172 Those activities include intelligence
and information sharing; the use of military equipment and facilities; training and advice
to law enforcement agencies; the maintenance and operations of a vast array of
equipment-owned at the Federal, state and local level. There is also specific authority
in these provisions for air, sea, and ground detection and monitoring of the illegal transit
of drugs into the United States-which includes some authority for "hot pursuit" inside
U.S. borders, as well as some interception authority for vessels and aircraft detected
outside of our borders for purposes of identifying and communicating with the vessel or
aircraft, and directing them to a location specified by civilian law enforcement. That
authority also includes the transportation of domestic and foreign law enforcement and
military personnel engaged in counterdrug operations; the operation of bases of operation
inside the u.s. and extraterritorially; aerial and ground reconnaissance-but not
surveillance-operations inside and outside the U.S.; and the implementation of
procedures for civilian law enforcement agencies to procure certain military equipment
for counterdrug activities.
The military, as has been the case a number of times in recent years, may also be used for
disaster relief operations, both domestically, pursuant to provisions of the Stafford Act in
Title 42;173 and internationally, under the provisions of section 404 of Title 10.
170 See list attached at Tab 1.
171 10 U.S. Code, Section 331, et seq.
172 10 U.S. Code, Section 124, and Sections 371, et seq.
173 42 U.S. Code 5121, et seq.
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In 1988, Congress added to this series of provisions the authority to operate equipment in
the conduct of counter-terrorism operations both foreign and domestically, including
transporting suspected terrorists to the U.S. for trial.174
Most significantly in the specific terrorism context, Congress has also provided the
authority to assist in biological and chemical incident responses, which may, under
certain exceptional circumstances, include direct involvement in arrests, searches,
seizures, and the collection of specific intelligence;175 and authority in Title 18, to
provide assistance in nuclear terrorism cases, which may also include participation in
arrest, search and seizure activities.176
Some of the specific authority, and the conduct of activities pursuant to that authority,
have not of course been without their detractors. From both within and outside of
military circles, there have been concerns about the use of the military in this fashion, as
being outside of the scope of normal military operations. And military leaders have often
expressed concern about the effect of such activities on military preparedness for war and
other contingencies.
Some in Congress and elsewhere also express concern that, in times of reduced force
structure and other limitations on defense spending, the military should focus on
preparing for and participating in purely military operations.
Others raise the specter of the military engaging in widespread violations of civil rights.
As examples, in connection with anti-terrorism legislation in 1995, a group of law
professors suggested that soldiers had no grounding in the Constitution, and knew
nothing about minimum force; and the ACLU and others made vague reference to
Constitutional issues, citing the Posse Comitatus Act (which is not, of course, a
Constitutional protection).
There are, however, a number of protections against abuse that are built directly into
some of the statutes and contained in a number of Federal regulations and policy
documents. In several statutes, there are conditions precedent, which must occur or exist,
for the use of the military. Examples include:
* A Presidential Declaration of Disaster for support under the Stafford Act177
* A proclamation to persons engaged in civil disorders to disperse and retire, contained
in the Insurrections Statutes178
174 10 U.S. Code, Section 374. See statutory text at Tab 2.
175 10 U.S. Code, Section 382. See statutory text at Tab 3.
176 18 U.S. Code, Section 831. See statutory text at Tab 4.
177 See 42 U.S. Code, Section 5170, 5170b, and 5191.
178 10 U.S. Code, Section 374. There have been nine times that such proclamations have been issued,
primarily for integration of schools in the South and for the various riots in major U.S. cities in the1960s:
- Arkansas, 1957 (Little Rock public schools)
- Mississippi, 1962 (Mississippi public schools)
- Alabama, 1963 (University of Alabama)
- Alabama, 1963 (Alabama public schools)
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* A specific order from the President in cases of suppressing insurrections and other
civil disobedience;179 for foreign disaster relief; and in the case of many of the
"minor" statutes that are listed in Tab1
* Either a specific request from a State governor or legislature for assistance to
suppress an insurrection,180or a determination that others have refused, failed, or are
not capable of enforcing the laws to suppress insurrection and other civil disorder181
In a number of cases, senior Federal officials must request or approve, either individually
or jointly with others, the use of military support:
* For several activities in the counterdrug arena, a specific support request must come
from the head of a Federal law enforcement agency-the Drug Enforcement
Administration, U.S. Customs Service, U.S Coast Guard, U.S. Marshals, U.S. Border
Patrol, Federal Bureau of Investigation-even if the support is ultimately intended for
a State or local government.182
* The Secretary of Defense and the Attorney General (and for foreign operations, the
Secretary of State as well) must approve the transportation of law enforcement and
military personnel, and the operation of bases of operation for counterdrug
activities.183
* For response to biological, chemical, and nuclear terrorist incidents, as well as for
many of the minor statutes, the Secretary of Defense and the Attorney General must
approve the specific activity.184
There are also numerous statutory, regulatory, and other policy limitations on military
activities in support of civil authorities:
* There are provisions in several sections that require a determination that the activity
will not have an adverse impact on military preparedness.185
* Several sections also require reimbursement from the supported agency under
provisions of the Economy Act, although there is an exception where the activity is
conducted in the course of training or provides equivalent training.186
* Although the Legal Counsel at the Department of Justice at one point opined that
many of these statutes do not, unless stated explicitly, apply outside of the border of
the United States, the Department of Defense has consistently done so, and the key
- Alabama, 1965 (Selma to Montgomery march)
- Michigan, 1967 (Detroit riot)
- Washington, DC, 1968 (DC riot)
- Illinois, 1968 (Chicago riot)
- Maryland, 1968 (Baltimore riot)
179 10 U.S. Code, Sections 331 and 334.
180 10 U.S. Code, Section 331.
181 10 U.S. Code, Section 334.
182 10 U.S. Code, Section 374.
183 10 U.S. Code, Section 374.
184 10 U.S. Code, Section 382, and 18 U.S. Code, Section 831.
185 E.g., 10 U.S. Code, Sections 376 and 382; and 18 U.S. Code, Section 831.
186 See 10 U.S. Code, Sections 374 and 381.
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DoD Directive for such support states that exceptions to such extraterritorial
application will be considered on a case-by-case basis, and then only in "compelling
and extraordinary circumstances."187
* There is an overarching provision in the counterdrug statutes that prohibits military
involvement in search, seizure, arrest or similar activity188 (but cf 10 U.S. Code,
Section 382, and 18 U.S. Code, Section 831).
* Although the specific provisions of the Posse Comitatus Act do not apply to the U.S.
Navy and the U.S. Marines, they have been included in the provisions of the
counterdrug statute that prevents direct involvement in law enforcement; the Navy
and Marines are also covered under Posse Comitatus Act provisions by regulation;189
and other provisions require the presence on naval vessels of U.S. Coast Guard law
enforcement personnel during counterdrug operations.190
* The DoD Directive covering "military assistance to civil authorities" requires that
each such request be evaluated against the six criteria, most of which are a regulatory
expression of statutory requirements, as are many other provisions in regulatory and
policy guidance.191
The rulings and interpretations of the Federal courts, in construing the specific statutory
language and the legal implications of domestic activities conducted by the military, are
relatively few and they have been remarkably consistent. Two are notable:
In Laird v. Tatum,192 the U.S. Supreme Court very succinctly noted that the
Constitutionality of the Insurrection Statutes was not an issue; nor was the Posse
Comitatus Act a limiting factor. In Gilligan, the Supreme Court noted both
Constitutional and Federal statutory authority for the use of the National Guard for
executing the Insurrection Statutes (although the Guard was actually not Federalized at
Kent State).193
While the terrorism-specific statutes have not been tested in Federal court, there is no
reason to believe that courts would find a Constitutional deficiency in them.
187 DoD Directive 5525.5.
188 10 U.S. Code, Section 375.
189 10 U.S. Code, Section 375; 32 CFR 213.2.
190 10 U.S. Code, Section 379.
191 Legality (compliance with laws); lethality (potential use of lethal force by or against DoD forces); risk
(safety of DoD forces); cost (who pays, impact on DoD budget); appropriateness (whether the requested
mission is in the interest of the Department to conduct); and readiness (impact on the DoD's ability to
perform its primary mission). DoD Directive 3025.15.
192 Laird v. Tatum, 408 U.S. 1 (1971) (1967 Detroit riots), ruling on 10 U.S. Code, Section 333, citing Art.
IV, Sec. 4 of the Constitution.
193 Gilligan v. Morgan, 413 U.S. 1(1972) (1970 Kent State shootings), citing Congressional authority
under Art. I, Sec. 8, and Presidential authority under the Constitution, and the use of the National Guard (10
U.S. Code, Section 331, et seq.) to assist in controlling civil disorders.
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TAB 1 TO APPENDIX R-MINOR STATUTES AUTHORIZING MILITARY
SUPPORT
* Protect national parks, other Federal lands (16 USC23, 78, and 593)
* Assist in case of crimes against members of Congress (18 USC 351)
* Protect the President, Vice President, other dignitaries (18 USC 1751)
* Enforce the Fishery Conservation and Management Act (16 USC 1861)
* Support the neutrality laws (22 USC 408 and 461-462)
* Execute quarantine and certain health laws (42 USC 97)
* Support certain customs laws (50 USC 220)
* Remove persons unlawfully present on Indian lands (25 USC 180)
* Execute warrants for enforcement of civil rights laws (42 USC 1989)
* Remove unlawful inclosures from public lands (43 USC 1065)
* Protect the rights of a discoverer of a guano island (48 USC 1418)
* Support territorial governors in civil disorders (48 USC 1422 and 1591)
* Assist in case of crimes against foreign officials, official guests, other internationally
protected persons (18 USC 112 and 1116)
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TAB 2 TO APPENDIX R-TITLE 10, U.S. CODE, SECTION 374
TITLE 10 - ARMED FORCES
Subtitle A - General Military Law
PART I - ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18 - MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
Sec. 374. Maintenance and operation of equipment
(a) The Secretary of Defense may, in accordance with other applicable law, make Department
of Defense personnel available for the maintenance of equipment for Federal, State, and local
civilian law enforcement officials, including equipment made available under
section 372 of this title.
(b)(1) Subject to paragraph (2) and in accordance with other applicable law, the Secretary of
Defense may, upon request from the head of a Federal law enforcement agency, make
Department of Defense personnel available to operate equipment (including equipment made
available under section 372 of this title) with respect to -
(A) a criminal violation of a provision of law specified in paragraph (4)(A);
(B) assistance that such agency is authorized to furnish to a State, local, or foreign government
which is involved in the enforcement of similar laws;
(C) a foreign or domestic counter-terrorism operation; or
(D) a rendition of a suspected terrorist from a foreign country to the United States to stand trial.
(2) Department of Defense personnel made available to a civilian law enforcement agency
under this subsection may operate equipment for the following purposes:
(A) Detection, monitoring, and communication of the movement of air and sea traffic.
(B) Detection, monitoring, and communication of the movement of surface traffic outside of the
geographic boundary of the United States and within the United States not to exceed 25 miles of
the boundary if the initial detection occurred outside of the boundary.
(C) Aerial reconnaissance.
(D) Interception of vessels or aircraft detected outside the land area of the United States for the
purposes of communicating with such vessels and aircraft to direct such vessels and aircraft to go
to a location designated by appropriate civilian officials.
(E) Operation of equipment to facilitate communications in connection with law enforcement
programs specified in paragraph (4)(A).
(F) Subject to joint approval by the Secretary of Defense and the Attorney General (and the
Secretary of State in the case of a law enforcement operation outside of the land area of the
United States) -
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(i) the transportation of civilian law enforcement personnel along with any other civilian or
military personnel who are supporting, or conducting, a joint operation with civilian law
enforcement personnel;
(ii) the operation of a base of operations for civilian law enforcement and supporting
personnel; and
(iii) the transportation of suspected terrorists from foreign countries to the United States for
trial (so long as the requesting Federal law enforcement agency provides all security for such
transportation and maintains custody over the suspect through the duration of the transportation).
(3) Department of Defense personnel made available to operate equipment for the purpose
stated in paragraph (2)(D) may continue to operate such equipment into the land area of the
United States in cases involving the pursuit of vessels or aircraft where the detection began
outside such land area.
(4) In this subsection:
(A) The term ''Federal law enforcement agency'' means a Federal agency with jurisdiction to
enforce any of the following:
(i) The Controlled Substances Act (21 U.S.C. 801 et seq.) or the Controlled Substances
Import and Export Act (21 U.S.C. 951 et seq.).
(ii) Any of sections 274 through 278 of the Immigration and Nationality Act (8 U.S.C.
1324-1328).
(iii) A law relating to the arrival or departure of merchandise (as defined in section 401 of
the Tariff Act of 1930 (19 U.S.C. 1401) into or out of the customs territory of the United States
(as defined in general note 2 of the Harmonized Tariff Schedule of the United States) or any other
territory or possession of the United States.
(iv) The Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et seq.).
(v) Any law, foreign or domestic, prohibiting terrorist activities.
(B) The term ''land area of the United States'' includes the land area of any territory,
commonwealth, or possession of the United States.
(c) The Secretary of Defense may, in accordance with other applicable law, make Department
of Defense personnel available to any Federal, State, or local civilian law enforcement agency to
operate equipment for purposes other than described in subsection (b)(2) only to the extent that
such support does not involve direct participation by such personnel in a civilian law enforcement
operation unless such direct participation is otherwise authorized by law.
(Added Pub. L. 97-86, title IX, Sec. 905(a)(1), Dec. 1, 1981, 95 Stat. 1115; amended Pub. L. 98-525, title XIV, Sec.
1405(9), Oct. 19, 1984, 98 Stat. 2622; Pub. L. 99-570, title III, Sec. 3056, Oct. 27, 1986, 100 Stat. 3207-77; Pub. L. 99-
661, div. A, title XIII, Sec. 1373(c), Nov. 14, 1986, 100 Stat. 4007; Pub. L. 100-418, title I, Sec. 1214(a)(1), Aug. 23,
1988, 102 Stat. 1155; Pub. L. 100-456, div. A, title XI, Sec. 1104(a), Sept. 29, 1988, 102 Stat. 2043; Pub. L. 101-189,
div. A, title XII, Sec. 1210, 1216(b), (c), Nov. 29, 1989, 103 Stat. 1566, 1569; Pub. L. 102-484, div. A, title X, Sec.
1042, Oct. 23, 1992, 106 Stat. 2492; Pub. L. 105-277, div. B, title II, Sec. 201, Oct. 21, 1998, 112 Stat. 2681-567; Pub.
L. 106-65, div. A, title X, Sec. 1066(a)(4), Oct. 5, 1999, 113 Stat. 770.)
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TAB 3 TO APPENDIX R-TITLE 10, U.S. CODE, SECTION 382
TITLE 10--ARMED FORCES
Subtitle A--General Military Law
PART I--ORGANIZATION AND GENERAL MILITARY POWERS
CHAPTER 18--MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES
Sec. 382. Emergency situations involving chemical or biological weapons of mass destruction
(a) In General.--The Secretary of Defense, upon the request of the Attorney General, may
provide assistance in support of Department of Justice activities relating to the enforcement of
section 175 or 2332c of title 18 during an emergency situation involving a biological or
chemical weapon of mass destruction. Department of Defense resources, including personnel of
the Department of Defense, may be used to provide such assistance if--
(1) the Secretary of Defense and the Attorney General jointly determine that an emergency
situation exists; and
(2) the Secretary of Defense determines that the provision of such assistance will not
adversely affect the military preparedness of the United States.
(b) Emergency Situations Covered.--In this section, the term emergency situation involving a
biological or chemical weapon of mass destruction'' means a circumstance involving a biological
or chemical weapon of mass destruction--
(1) that poses a serious threat to the interests of the United
States; and
(2) in which--
(A) civilian expertise and capabilities are not readily available to provide the required
assistance to counter the threat immediately posed by the weapon involved;
(B) special capabilities and expertise of the Department of Defense are necessary and
critical to counter the threat posed by the weapon involved; and
(C) enforcement of section 175 or 2332c of title 18 would be seriously impaired if the
Department of Defense assistance were not provided.
(c) Forms of Assistance.--The assistance referred to in subsection (a) includes the operation of
equipment (including equipment made available under section 372 of this title) to monitor,
contain, disable, or dispose of the weapon involved or elements of the weapon.
(d) Regulations.--(1) The Secretary of Defense and the Attorney General shall jointly prescribe
regulations concerning the types of assistance that may be provided under this section. Such
regulations shall also describe the actions that Department of Defense personnel may take in
circumstances incident to the provision of assistance under this section.
(2)(A) Except as provided in subparagraph (B), the regulations may not authorize the following
actions:
(i) Arrest.
(ii) Any direct participation in conducting a search for or seizure of evidence related to a
violation of section 175 or 2332c of title 18.
(iii) Any direct participation in the collection of intelligence for law enforcement purposes.
(B) The regulations may authorize an action described in subparagraph (A) to be taken under
the following conditions:
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(i) The action is considered necessary for the immediate protection of human life, and
civilian law enforcement officials are not capable of taking the action.
(ii) The action is otherwise authorized under subsection (c) or under otherwise applicable
law.
(e) Reimbursements.--The Secretary of Defense shall require reimbursement as a condition for
providing assistance under this section to the extent required under section 377 of this title.
(f) Delegations of Authority.--(1) Except to the extent otherwise provided by the Secretary of
Defense, the Deputy Secretary of Defense may exercise the authority of the Secretary of Defense
under this section. The Secretary of Defense may delegate the Secretary's authority
under this section only to an Under Secretary of Defense or an Assistant Secretary of Defense and
only if the Under Secretary or Assistant Secretary to whom delegated has been designated by the
Secretary to act for, and to exercise the general powers of, the Secretary.
(2) Except to the extent otherwise provided by the Attorney General, the Deputy Attorney
General may exercise the authority of the Attorney General under this section. The Attorney
General may delegate that authority only to the Associate Attorney General or an Assistant
Attorney General and only if the Associate Attorney General or Assistant Attorney General to
whom delegated has been designated by the Attorney General to act for, and to exercise the
general powers of, the Attorney General.
(g) Relationship to Other Authority.--Nothing in this section shall be construed to restrict any
executive branch authority regarding use of members of the armed forces or equipment of the
Department of Defense that was in effect before September 23, 1996.
(Added Pub. L. 104-201, div. A, title XIV, Sec. 1416(a)(1), Sept. 23, 1996, 110 Stat. 2721; amended Pub. L. 105-85,
div. A, title X, Sec. 1073(a)(6), Nov. 18, 1997, 111 Stat. 1900.)
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
TAB 4 TO APPENDIX R-TITLE 18, U.S. CODE, SECTION 831
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 39--EXPLOSIVES AND OTHER DANGEROUS ARTICLES
Sec. 831. Prohibited transactions involving nuclear materials
(a) Whoever, if one of the circumstances described in subsection (c) of this section occurs-
(1) without lawful authority, intentionally receives, possesses, uses, transfers, alters, disposes
of, or disperses any nuclear material and--
(A) thereby knowingly causes the death of or serious bodily injury to any person or
substantial damage to property; or
(B) knows that circumstances exist which are likely to cause the death of or serious bodily
injury to any person or substantial damage to property;
(2) with intent to deprive another of nuclear material, knowingly--
(A) takes and carries away nuclear material of another without authority;
(B) makes an unauthorized use, disposition, or transfer, of nuclear material belonging to
another; or
(C) uses fraud and thereby obtains nuclear material belonging to another;
(3) knowingly--
(A) uses force; or
(B) threatens or places another in fear that any person other than the actor will imminently
be subject to bodily injury;
and thereby takes nuclear material belonging to another from the person or presence of any other;
(4) intentionally intimidates any person and thereby obtains nuclear material belonging to
another;
(5) with intent to compel any person, international organization, or governmental entity to do
or refrain from doing any act, knowingly threatens to engage in conduct described in paragraph
(2)(A) or (3) of this subsection;
(6) knowingly threatens to use nuclear material to cause death or serious bodily injury to any
person or substantial damage to property under circumstances in which the threat may reasonably
be understood as an expression of serious purposes;
(7) attempts to commit an offense under paragraph (1), (2), (3), or (4) of this subsection; or
(8) is a party to a conspiracy of two or more persons to commit an offense under paragraph
(1), (2), (3), or (4) of this subsection, if any of the parties intentionally engages in any conduct in
furtherance of such offense;
shall be punished as provided in subsection (b) of this section.
(b) The punishment for an offense under--
(1) paragraphs (1) through (7) of subsection (a) of this section is--
(A) a fine under this title; and
(B) imprisonment--
(i) for any term of years or for life (I) if, while committing the offense, the offender
knowingly causes the death of any person; or (II) if, while committing an offense under paragraph
(1) or (3) of subsection (a) of this section, the offender, under circumstances manifesting extreme
indifference to the life of an individual, knowingly engages in any conduct and thereby recklessly
causes the death of or serious bodily injury to any person; and
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(ii) for not more than 20 years in any other case; and
(2) paragraph (8) of subsection (a) of this section is--
(A) a fine under this title; and
(B) imprisonment--
(i) for not more than 20 years if the offense which is the object of the conspiracy is
punishable under paragraph (1)(B)(i); and
(ii) for not more than 10 years in any other case.
(c) The circumstances referred to in subsection (a) of this section are that--
(1) the offense is committed in the United States or the special maritime and territorial
jurisdiction of the United States, or the special aircraft jurisdiction of the United States (as
defined in section 46501 of title 49);
(2) the defendant is a national of the United States, as defined in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101);
(3) at the time of the offense the nuclear material is in use, storage, or transport, for peaceful
purposes, and after the conduct required for the offense occurs the defendant is found in the
United States, even if the conduct required for the offense occurs outside the United States; or
(4) the conduct required for the offense occurs with respect to the carriage of a consignment
of nuclear material for peaceful purposes by any means of transportation intended to go beyond
the territory of the state where the shipment originates beginning with the departure from a
facility of the shipper in that state and ending with the arrival at a facility of the receiver within
the state of ultimate destination and either of such states is the United States.
(d) The Attorney General may request assistance from the Secretary of Defense under chapter
18 of title 10 in the enforcement of this section and the Secretary of Defense may provide such
assistance in accordance with chapter 18 of title 10, except that the Secretary of Defense may
provide such assistance through any Department of Defense personnel.
(e)(1) The Attorney General may also request assistance from the Secretary of Defense under
this subsection in the enforcement of this section. Notwithstanding section 1385 of this title, the
Secretary of Defense may, in accordance with other applicable law, provide such assistance to the
Attorney General if--
(A) an emergency situation exists (as jointly determined by the Attorney General and the
Secretary of Defense in their discretion); and
(B) the provision of such assistance will not adversely affect the military preparedness of the
United States (as determined by the Secretary of Defense in such Secretary's discretion).
(2) As used in this subsection, the term emergency situation'' means a circumstance--
(A) that poses a serious threat to the interests of the United States; and
(B) in which--
(i) enforcement of the law would be seriously impaired if the assistance were not
provided; and
(ii) civilian law enforcement personnel are not capable of enforcing the law.
(3) Assistance under this section may include--
(A) use of personnel of the Department of Defense to arrest persons and conduct searches
and seizures with respect to violations of this section; and
(B) such other activity as is incidental to the enforcement of this section, or to the protection
of persons or property from conduct that violates this section.
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(4) The Secretary of Defense may require reimbursement as a condition of assistance under this
section.
(5) The Attorney General may delegate the Attorney General's function under this subsection
only to a Deputy, Associate, or Assistant Attorney General.
(f) As used in this section--
(1) the term nuclear material'' means material containing any--
(A) plutonium with an isotopic concentration not in excess of 80 percent plutonium 238;
(B) uranium not in the form of ore or ore residue that contains the mixture of isotopes as
occurring in nature;
(C) uranium that contains the isotope 233 or 235 or both in such amount that the
abundance ratio of the sum of those isotopes to the isotope 238 is greater than the ratio of the
isotope 235 to the isotope 238 occurring in nature; or
(D) uranium 233;
(2) the term international organization'' means a public international organization
designated as such pursuant to section 1 of the International Organizations Immunities Act (22
U.S.C. 288) or a public organization created pursuant to treaty or other agreement under
international law as an instrument through or by which two or more foreign governments engage
in some aspect of their conduct of international affairs;
(3) the term serious bodily injury'' means bodily injury which involves--
(A) a substantial risk of death;
(B) extreme physical pain;
(C) protracted and obvious disfigurement; or
(D) protracted loss or impairment of the function of a bodily member, organ, or mental
faculty; and
(4) the term bodily injury'' means--
(A) a cut, abrasion, bruise, burn, or disfigurement;
(B) physical pain;
(C) illness;
(D) impairment of a function of a bodily member, organ, or mental faculty; or
(E) any other injury to the body, no matter how temporary.
(Added Pub. L. 97-351, Sec. 2(a), Oct. 18, 1982, 96 Stat. 1663; amended Pub. L. 100-690, title VII, Sec. 7022, Nov.
18, 1988, 102 Stat. 4397; Pub. L. 103-272, Sec. 5(e)(6), July 5, 1994, 108 Stat. 1374; Pub. L. 103-322, title XXXIII,
Sec. 330016(2)(C), Sept. 13, 1994, 108 Stat. 2148.)
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APPENDIX S-Interagency Comments
Copies of the report were provided to the Federal Interagency on December 13, 2000, for
review and comments. The agencies have until January 12, 2000, to provide comments.
Subsequent to that date, the Advisory Panel will submit to the President and the Congress
a supplement to this report containing agency comments and Advisory Panel responses.
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
APPENDIX T-Transmittal Letters
Attached are facsimiles of the letters transmitting the report.
A copy of the report under similar covering letter was delivered to each of the following:
The President
The President-Elect
The Honorable J. Dennis Hastert
Speaker of the House
The Honorable Al Gore, Jr.
President of the Senate
The Honorable Strom Thurmond
President Pro Tempore
United States Senate
The Honorable Richard K. Armey
Majority Leader
U.S. House of Representatives
The Honorable Richard A. Gephardt
Minority Leader
U.S. House of Representatives
The Honorable Trent Lott
Majority Leader
United States Senate
The Honorable Thomas Daschle
Minority Leader
United States Senate
T-1
Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
THE ADVISORY PANEL TO ASSESS DOMESTIC RESPONSE CAPABILITIES FOR
TERRORISM INVOLVING WEAPONS OF MASS DESTRUCTION
James S. Gilmore, III December 14, 2000
Chairman
The President
James Clapper, Jr.
Vice Chairman The White House
Washington, DC 20500
L. Paul Bremer
Raymond Downey Dear Mr. President:
Richard Falkenrath
George Foresman On behalf of the Advisory Panel to Assess Domestic Response Capabilities
for Terrorism Involving Weapons of Mass Destruction, it is my pleasure to submit
William Garrison to the Congress the second of three annual reports of the advisory panel. The
Ellen M. Gordon advisory panel is authorized and the annual reports are required by Section 1405 of
James Greenleaf the National Defense Authorization Act for Fiscal Year 1999, Public Law 105-261
William Jenaway (H.R. 3616, 105th Congress, 2nd Session) (October 17, 1998).
William Dallas Jones
Paul M. Maniscalco The report provides several policy recommendations for consideration by
the President and the Congress, including matters involving the development of a
John O. Marsh, Jr. national strategy for combating terrorism, Federal coordinating structure,
Kathleen O'Brien improvements in Congressional coordination, and specific functional areas.
M. Patricia Quinlisk
Patrick Ralston The report is being simultaneously provided to the Federal Interagency for
William Reno comment. After comments are received, the advisory panel will submit a
supplement to this report, forwarding the comments and any responses to them that
Joseph Samuels, Jr. we may have.
Kenneth Shine
Hubert Williams Very respectfully,
Ellen Embrey* /s/
* U.S. Department of
Defense Representative James S. Gilmore, III
Chairman
Please address comments or questions to:
RAND
1200 South Hayes Street, Arlington, Virginia 22202-5050 Telephone: 703-413-1100 FAX: 703-413-8111
The Federally-Funded Research and Development Center providing support to the Advisory Panel
T-2
Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
THE ADVISORY PANEL TO ASSESS DOMESTIC RESPONSE CAPABILITIES FOR
TERRORISM INVOLVING WEAPONS OF MASS DESTRUCTION
December 14, 2000
James S. Gilmore, III
Chairman
The Honorable J. Dennis Hastert
James Clapper, Jr. Speaker of the House
Vice Chairman U.S. House of Representatives
Washington, DC 20515
L. Paul Bremer
Raymond Downey Dear Mr. Speaker:
Richard Falkenrath On behalf of the Advisory Panel to Assess Domestic Response Capabilities
George Foresman for Terrorism Involving Weapons of Mass Destruction, it is my pleasure to submit
William Garrison to you the second of three annual reports of the advisory panel. The advisory panel
Ellen M. Gordon is authorized and the annual reports are required by Section 1405 of the National
Defense Authorization Act for Fiscal Year 1999, Public Law 105-261 (H.R. 3616,
James Greenleaf 105th Congress, 2nd Session) (October 17, 1998).
William Jenaway
William Dallas Jones The report provides several policy recommendations for consideration by
Paul M. Maniscalco the President and the Congress, including matters involving the development of a
John O. Marsh, Jr. national strategy for combating terrorism, Federal coordinating structure,
Kathleen O'Brien improvements in Congressional coordination, and specific functional areas.
M. Patricia Quinlisk The report is being simultaneously provided to the Federal Interagency for
Patrick Ralston comment. After comments are received, the advisory panel will submit a
William Reno supplement to this report, forwarding the comments and any responses to them that
Joseph Samuels, Jr. we may have.
Kenneth Shine Very respectfully,
Hubert Williams
Ellen Embrey* /s/
* U.S. Department of
Defense Representative James S. Gilmore, III
Chairman
Please address comments or questions to:
RAND
1200 South Hayes Street, Arlington, Virginia 22202-5050 Telephone: 703-413-1100 FAX: 703-413-8111
The Federally-Funded Research and Development Center providing support to the Advisory Panel
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Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction
APPENDIX U-RAND STAFF PROVIDING SUPPORT TO THE ADVISORY
PANEL
Project Director
Michael Wermuth
Research Staff for the Report
Janice Blanchard Brian Houghton
David Brannan Gerald Jacobsen
Jennifer Brower Sarah Cotton Nelson
Peter Chalk Jennifer Pace
Kim Cragin William Rosenau
Lois Davis Jonathan Schachter
Paul Davis Michael Wermuth
Margaret Harrell Traci Williams
Marvin Heinze Ron Fricker
Bruce Hoffman
Administrative Support
Nancy Rizor Priscilla Schlegel
Other RAND Staff Providing Support
Nykolle Brooks Kenneth Myers
Roger Brown Christel Osborn
Shirley Burch Carolyn Rogers
Mary Evans John Schrader
David Feliciano Deanna Webber
Tyrone Greene
RAND Corporate Leadership on the Project
Jeffrey Isaacson, Vice President, National Security Research Division, and Director, National
Defense Research Institute (NDRI)
Susan Hosek, Director (Until 1 March 2000), and Susan Everingham, Director (1 March 2000-
Present), Forces and Resources Policy Center (NDRI)
Stuart Johnson, Director, International Security and Defense Policy Center (NDRI)
U-1
LIST OF KEY RECOMMENDATIONS
Executive Branch:
Develop national strategy approved by the President Essential Characteristics of a Comprehensive
Functional Strategy for Combating Terrorism
Create a "National Office for Combating Terrorism"
- Director appointed by the President, confirmed by the Senate NATIONAL IN SCOPE, NOT JUST FEDERAL
- Located in the Executive Office of the President APPROPRIATELY RESOURCED AND BASED ON
MEASURABLE PERFORMAN CE OBJECTIVES
- Point of contact for the Congress FOCUSED ON THE FULL RANGE OF DETERRENCE,
- Strategy formulation PREVENTION, PREPAREDNESS, AND RESPONSE
- Plans Review ACROSS THE SPECTRUM OF THREATS-DOMESTIC AND
- Multidisciplinary staffing INTERNATIONAL
- No operational control FOR DOMESTIC PROGRAMS, BUILT ON REQUIREMENTS
- Specified control of Federal programs/budgets FROM AND FULLY COORDINATED WITH RELEVANT
LOCAL , STATE, AND FEDERAL AUTHORITIES
- Supported by Advisory Board for Domestic Programs
- Assistants for Domestic Preparedness, Intelligence, Health and Medical, RDT&E/National Standards, and
Management and Budget
Congress:
Create a "Special Committee for Combating Terrorism"
- Bipartisan membership with full-time staff from relevant committees
- Direct link to the new "National Office for Combating Terrorism"
- Develops consolidated legislative plan for authorization, budget, and appropriations
- Clearinghouse and first referral for relevant legislation
Functional Recommendations:
Enhance Intelligence/Threat Assessments/Information Sharing
- Improve human intelligence by rescinding CIA guidelines on certain foreign informants (DCI)
- Improve measurement and signature intelligence through enhanced RDT&E (Intelligence Community)
- Review/modify guidelines and procedures for domestic investigations (Review Panel/Attorney General)
- Review/modify authorities on certain CBRN precursors and equipment (Executive and Congress)
- Improve forensics technology/analysis, and enhance indications and warnings systems (National Office)
- Provide security clearances and more information to designated State and local entities (National Office)
- Develop single-source, protected, web-based, integrated information system (National Office)
Foster Better Planning/Coordination/Operations
- Designate Federal Response Plan as single-source "all hazards" planning document (National Office)
- Develop "model" State plan (NEMA and FEMA)
- Conduct inventories of State and local programs for nationwide application (National Office)
- Promote/facilitate the adoption of multi-jurisdiction/multi-state mutual aid compacts (National Office)
- Promote/facilitate adoption of standard ICS, UCS, and EOC (National Office)
- Designate agency other than DoD as "Lead Federal Agency" (President)
Enhance Training, Equipping, and Exercising
- Develop input to strategy and plans in close coordination with State and local entities (National Office)
- Restructure education and training opportunities to account for volunteers in critical response disciplines
- Develop realistic exercise scenarios that meet State and local needs (National Office)
Improve Health and Medical Capabilities
- Obtain strategy input/ program advice from public health/medical care representatives (National Office)
- Promote certification programs for training and facilities (National Office)
- Clarify authorities and procedures for health and medical response (All jurisdictions)
- Improve surge capacity and stockpiles (All jurisdictions)
- Evaluate and test response capabilities (All public health and medical entities)
- Establish standards for communications/mandatory reporting (All public health/medical entities)
- Establish laboratory standards and protocols (All public health/medical entities)
Promote Better Research and Development and Developing National Standards
- Develop, with OSTP, equipment testing protocols and long-range research plan (National Office)
- Establish national standards program with NIST and NIOSH as co-leads (National Office)
Enhance Efforts to Counter Agroterrorism
Improve Cyber Security Against Terrorism