a S Congress of the Rnitex States bse) ~ Washington; BE 20515 COMMITTEE SENSITIVE August 19, 2002 Mr, Whit Cobb ~ = ‘Deputy General Counsel, Legal Counsel Department of Defense Washington, OC, 20201 Dear Mr. Cobb, Mr. Powell Moore forwarded the Department of Defense's answers to our 13 questions on August 15, 2002 and advised that future requests should te irected to you as the Department's Point of Contact The Department's answers are appreciated and help us complete the ‘ecord ofthe U. S. Governments response to our data call. Upon reviewing the answers provided, we do have a few additional questions to assist us in our inquiry. ‘Attached isa list of those questions. Please ask appropriate offices of the tment for an informed response by August 30, 2002. The Joint inquiry ‘ra who Can.be-reached at (202) 226-4008 for any larification you right need Sincerely, Enclosure: ‘Additional Questions for the Record COMMITTEE SENSITIVE 02407‘August 19, 2002 ‘Additional Questions for the Record Re: Response to DoD, August 15, 2002, Answers to 13 Questions. Question 2. Is the “revised strategy produced by the Department during the Spring and summer of 2001” different than the Defense Planning Guidance? if 80, please provide a copy of that revised strategy. ‘Question 4. What is the current status of DIA’s JITF-CT “negotiations with NSA, FBI, Department of Justice, and CiA to address this lack of a central repository] problem?" What role does DoD itself play in the process and what milestones, plans of action, and other management steps have bean taken to oversee the Initiative? Please provide a copy of any such management plans. Question 5. What is the most recent Office of the Secretary of Defense “[re- evaluation of] its Combating Terrorism and Anti-errorism programs? What fecommendations has the Secretary's Senior Steering Group/Ant-Terrorism Coordinating Committee made since September 11, 2001, to improve the ‘Department's abilty to combat and deter terrorism?” Please provide a copy of responsive documents, Question 7. Please make available for interview Mr, Bilingslea, Mr. Stenbit, Dr. Wells, Mr. Mellon, and Mr. Ferguson, ‘Question 8. Please provide-a'copy-of NSD-77;POD 62, PDD 63, NSPD 8, DoD — Contingency Pianning Guidance and Secretary of Defense mission statement to the U.S. Special Operations Command, Question 9: in your answer you state: “information below,” but itis not clear Whether there was intended to be additional information. Piease clarify as to What was intended; is the reference strictly to the cited pages of the DoD FY 2003 budget justiication book? The answer also states that @ separate classified ‘exhibits available. Please make arrangements with our Security Officer, John \vicic (202 226-4120), to forward a copy ofthe exhibit and to discuss access to the special program mentioned, Question 10. You mention establishing the DIA Defense Waming Office. When ‘was that office established and what is its relationship to the National Intaligence Officer (NIO) for Warning? COMMITTEE SENSITIVEDEPARTMENT OF DEFENSE OFFICE OF GENERAL COUNSEL. 1600 DEFENSE PENTAGON WASHINGTON, DC 20301-1600 SECRET NF December 2, 2002 A.R, Cinquegrana Acting Director Joint Inquiry Staff Congress of the United States Washington, DC 20515 Dear Mr. Cinquegrana: Attached are responses to a series of Additional Questions for the Record directed to the Deputy General Counsel (Legal Counsel) earlier this year. Attachment 1 contains unclassified responses to all of the questions except question 4. T he response to that question is classified and is in a separate Attachment 2 Requests for documents in questions 8 and 9 remain unresolved at this time. We are continuing to work on these requests and will contact you when we have more information. We have asked the National Security Council staff to respond to your requests for documents under their control, Attachment 3 is a document requested by your staff during an interview. We hope these answers will be helpful in your inquiry. If you have any questions, please contact me at 703-695-6804. Sincerely, Siomk & My ‘Stewart F. Aly ‘Associate Deputy General Counsel (Legal Counsel) Atchs: As stated This document is unclassified when separated from classified attachment. - SECRET NFUNCLASSIFIED RESPONSES Question 2: Is the “revised strategy produced by the Department during the spring and summer of 2001" different than the Defense Planning Guidance? If so, please provide a copy of that revised strategy. ‘Answer: The revised strategy described in the response to Question 2 is not the Defense Planning Guidance. The Department drafted the revised strategy referred to in this response during the spring and summer of 2001 as a submission to a document titled as the "National Strategy for Combating Terrorism.” This document has been revised over time, but it remains in draft as of the date of this response. As the "National Strategy for Combating Terrorism" has never been adopted or promulgated, it is not available to the Committee or staff. ‘The point we made in the initial response remains valid: that in preparing this draft, we were ‘well aware of the threat and our assessments of it were very significant in the drafting process. Question 5: What is the most recent Office of the Secretary of Defense “[re-evaluation of] its Combating Terrorism and Anti-terrorism programs? What recommendations has the Secretary’s Senior Steering Group/Anti-Terrorism Coordinating Committee made since September 11, 2001, to improve the Department’s ability to combat and deter terrorism? Please provide a copy of any responsive documents. Answer: After the attacks of September 11", the Department of Defense moved beyond the previous scope of combating terrorism. In addition to counterterrorism, anti-terrorism, consequence management, and terrorism related intelligence, we are now engaged in (1) a worldwide war on terrorism, (2) expanding our posture to detect, deter, defend against, and respond to terrorist employment of Chemical, Biological, Radiological, Nuclear and High Explosive attacks, and (3) enhancing activities to protect and defend our nation from a terrorist attack. ‘The Department's counterterrorism program has expanded from the limited use of special mission capabilities to an active war on terrorism using all of the resources we have available. Our efforts are part of the total U.S. effort to root out terrorist cells, disrupting their plans, and capturing or eliminating terrorists. ‘The Department is continuing to improve its anti-terrorism protective posture, to include a comprehensive approach to identifying and correcting vulnerabilities and reducing the risk to personnel and resources, We have implemented most of the recommendations from the USS COLE Commission Report that recommended closing the seams and gaps and improving protection for transiting forces. The Department has implemented new physical protection ‘measures, an improved threat methodology, standards, policy, and procedures. We are engaged ina process of continual assessment and are bringing new technology on line to enhance ourantiterrorism/force protection posture in order to reduce manpower and enhance perimeter and water/ ship side security. The Department recently approved minimum enforceable force protection standards for high-occupancy military construction pfojects, such as barracks, dining halls, and recreation facilities. Additionally, there is an ongoing effort to enhance the preparedness of installations to detect and provide emergency response to a terrorist attack using CBRNE. We are implementing a pilot program to assess plans, training and equipment needed at nine installations for detection and emergency response. The Deputy Secretary of Defense has also directed components to develop concepts of operation for Chemical, Biological, Radiological, Nuclear and High Explosive protection for all personnel assigned to and living on our military installations. . ‘The Department is improving its ability to target, collect, process, analyze and disseminate terrorist threat data and intelligence. The Joint Intelligence Task Force-Combating Terrorism GITF-CT) was formed to direct, conduct, and disseminate all-source intelligence analysis to include providing terrorist information to support tactical elements and transiting units. The Counterintelligence Field Activity was established to provide analysis, training and integration of counterintelligence within the Department. All of these initiatives are aimed at improving timely terrorist threat information sharing in DoD and among the intelligence community and federal, state, and local law enforcement officials, Domestically, the Department of Defense created Norther Command, a new combatant command, effective 1 October 2002 with the assigned mission of conducting military operations in defense of the United States (including aerospace, land and maritime defense) and providing support to civil authorities. The Department is actively involved and represented on all the policy coordinating committees of the newly formed Office of Homeland Security. We are working closely with the interagency to better secure our borders, airspace, territorial waters, and critical infrastructure. Question 7: Please make available for interview Mr. Billingslea, Mr. Stenbit, Dr. Wells, Mr. Mellon and Mr. Ferguson. Answer: Dr. Wells was interviewed by the Committee Staff on September 27, 2002. Other interviewees will be available for interviews on request of the staff at a mutually convenient time. During the interview with Dr. Wells, the staff requested a copy of a document he mentioned. This document is included in this response as Attachment 3. Question 8: We have asked the National Security Council staff to respond to your requests for NSD 77, PDD 62, PDD 63, and NSPD 8. We are still working on the other portions of this request. Question 9: We are still working on this request.Questions 10: (U) You mention establishing the DIA Defense Warning Office. When was the office established and what is its relationship to the National Intelligence Office (NIO) for Warning? Answer: (U) As directed by the Defense Planning Guidance (FY2004-2009), the Defense Warning Office (DWO) was established on 1 October, 2002. The DWO ‘examines key trends in the mid-to-long term horizon to characterize them and identify potential points of U.S. leverage or influence. It also provides a capability for strategic looks at selected issues critical to defense planning and identifies challenges and ‘opportunities for defense transformation. The DWO interfaces with various organizations, including the NIO for Warning, and does not duplicate the warning functions already performed within the community.| National Archives and Records Administratio 700 Pennsyksania Washington, DC NARA’s web site is hupsowrn archives goo ntSECRETIN Question: Please provide a copy of any such management plans. Answer: (U) To date, no formal management plans related to data sharing have been finalizedA Recommended Blueprint for the ASD(C31) and CIO in response to DRI Directive #17 March 11, 1998 Submitted by Duane P. Andrews Ateh 3