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Congressional Oversight and Resource Allocation
Resource Requirements: To conduct this part of the investigation I would recommend that a team of three officers spend about four to six months combing through materials, conducting interviews, briefing the Commission members and preparing draft recommendations for the Commission's consideration. Work Plan: I. Fact Finding (March 24 to April 30) a. Congressional Oversight of Counterterrorism Since 1985 i. House and Senate leadership oversight ii. Committees, sub-committee structures and jurisdictions with counterterrorism oversight responsibilities iii. Staff structures, roles, responsibilities, accountability iv. Congressional committee performance measures v. Academic, Think Tank, professional organization's studies on congressional oversight and performance vi. Legislation and report language on counterterrorism b. Counterterrorism Resource Allocation Since 1985 i. Annual report to Congress on counterterrorism resources ii. Resource allocation process w/in the Executive Branch iii. Resource allocation process w/in the Legislative Branch iv. Funding from 1985 to 2003 for counterterrorism v. Federal funding for counterterrorism activities of States and Local government vi. Federal funding for first responders vii. Funding by States, local and municipal governments for consequence management and infrastructure protection viii. US per capita funding compared to other countries similarly threatened by terrorism II. Interviews of Key Players and Experts (April 7 to June 13) a. Legislative Branch i. House and Senate Members & Senior Staff 1. Intelligence, Foreign Affairs, Judiciary, Armed Services, and Appropriations Committees


DRAFT b. Executive Branch i. Executive Office of the President 1. National Security Council staff 2. Office of Homeland Security staff 3. Office of Management and Budget staff ii. Federal Agencies and Departments 1. Intelligence (CIA, NSA, NIMA, DIA, INK, etc,) 2. Law Enforcement (FBI, SS, INS, Customs) 3. Defense (OSD, Special Operations Command, Central Command, Northern Command) 4. Foreign Affairs (State, AID, etc.) 5. Public Safety (FAA, FIMA, etc) c. State and Local Government Officials i. NY, NYC ii. Washington, DC III. Analysis (May through June) a. Congressional Oversight i. Map Committee oversight of counterterrorism since 1985 ii. Track substantive Committee changes to US counterterrorism policies iii. Track guidance, direction, and legislation imposed on the Executive Branch in regards to the conduct of counterterrorism activities iv. Track Executive Branch compliance with Congress' direction, guidance and the law v. Site key examples where, if at all, congress imposed its direction on the Executive Branch activities vi. Site key examples where, if at all, the Executive Branch failed to comply with Congress' direction b. Resource Allocation i. CT funding in the context of other federal spending for intelligence, law enforcement, diplomacy, and for first responders ii. Track the funding trail 1. how much was requested by which entities and how was it finally executed for intelligence, law enforcement, diplomacy, first responders. etc.

DRAFT iii. CT funding priority w/in the Executive Branch and how, if at all, it was altered by the Congress iv. Impact of congressional increases to CT funding IV. Findings and Conclusions a. Key questions that need to be addressed concerning congressional oversight: i. Was congressional oversight of US counterterrorism activities appropriate and effective? ii. What was the overall impact of congressional oversight on the government's counterterrorism efforts? iii. Did congressional oversight have a chilling effect on "risk taking" by federal intelligence and law enforcement entities, particularly in overseas operations? iv. Did Federal entities use congressional oversight as an excuse for more aggressive attempts to thwart terrorist attacks? v. Did congress "micro manage" Executive Branch agencies and if so what was the impact? vi. Was congressional direction followed? vii. Were priorities in the government's efforts to thwart terrorism altered by Congress and what were the implications? b. Key questions that need to be addressed concerning resource allocation: i. Were counterterrorism programs underfunded in relation to the knowledge the Congress had of the threat at the time? ii. Did the Intelligence Community and the Law Enforcement Community provide a clear articulation of their efforts to counter terrorism to the Congress? iii. Did the Executive Office of the President provide a clear articulation of its counterterrorism strategy and its resource requirements? iv. Did the White House significantly alter the agency's requests? v. Did Congress significantly alter the President's Budget? vi. Did the agencies executive the funds appropriated by Congress for counterterrorist efforts? vii. Were the funds allocated for counterterrorism adequate?

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