DOS BRIEFING REQUEST NO.

The National Commission on Terrorist Attacks Upon the United

States (the "Commission") requests informal background briefings
Thomas H. Kean
CHAIR from appropriate officials at the U.S. Department of State, Office
of the Coordinator for Counterterrorism (S/CT) and Bureaus of
Lee H. Hamilton
VICE CHAIR Diplomatic Security (DS), Population, Refugees and Migration
Richard Ben-Veniste (PRM), and International Narcotics and Law Enforcement (INL),
and any other relevant bureau or office, on the following topics:
Max Cleland
(1) Office of the Coordinator for Counterterrorism (S/CT):
Fred F. Fielding
Role and mission of the office, with specific regard to
Jamie S. Gorelick designation of terrorist groups, visa and refugee policy and
procedures, document fraud, watch lists, and databases, as
Slade Gorton well as how S/CT interfaces with other bureaus and agencies
John Lehman
dealing with border security issues.

Timothy J. Roemer (2) Bureau of Diplomatic Security (DS): An overview of DS

authority and mission with regard to terrorists, especially in
James R. Thompson
relation to visa issuance and to visa and passport fraud.
Philip D. Zelikow
(3) Bureau of Population, Refugees and Migration (PRM): Role
E X E C U T I V E DIRECTOR
and mission of the bureau, with specific regard to policy and
processing of refugees, watchlist/clearances processes, and
how PRM interfaces with other bureaus and agencies on
border security issues.

(4) Bureau of International Narcotics and Law Enforcement

Affairs (INL): Role and mission of the bureau, with specific
regard to terrorists, especially narcoterrorists, and
watchlists/clearance processes, as well as how INL interfaces
with other bureaus and agencies on border security issues.

The requested briefings are for general background purposes only

and will not be a substitute for later interviews the Commission
and its staff may wish to conduct.

July 23, 2003 Daniel Marcus

General Counsel
 WITHDRAWAL NOTICE

Series: Team 5 Files

Folder: J. Kephart Work Files: Notes, 9/3/03 - 7/30/04

Date: 8/13/03

Pages: 5

Description: Handwritten notes of interview with Cofer Black, DoS CT

Reason for withdrawal: classification review pending

Box 41

Withdrawn by: K.M., 01/08/2009

 'a
Coordinator
for Counterterrorism
Amb. Cofer Black

Personal Assistant
Libby Braun

Principal Deputy
Coordinator
William Pope

Personal Assistant
Sandy Phelps

Special Assistant Staff Assistant

James Neel Kathleen H.-Floyd

Homeland
Security Unit
1 Mitch Optican
• Rob Dolce

Regional Program, Administration Operations Liaison Officers

Multilateral Legislation, PD R. Gain (Amb. J. Dinger) • K. Gedney
Designations K. Wycoff (DS)
K. Aguilar
•K. Carpenter
(FBI)

•P. Stout
See Page 2 See Page 3 See Page 4 (Current Intel)

Budget Assistant
Planner S. Bell

Budget Conferences
Implementer

08/11/2003
 Deputy Coordinator
Regional and Multilateral
Affairs and Designations
Karen Aguilar

QMS QMS
M. Jablonsky Pat Chambers

Office Director
Brent Hartley

Multilateral / G-8
Chris Ensley
Sally Schlegel

.1

Regionals Designations

•S. Fox • T. Navratil

EAP WHA
•Erik Rye •Tom Cooney
•Paul Fujimura •Everett Kaplan
•Karen Chandler •Adam Frankel
Exec Order FTO
Ms. Sarraf M Jacks

SA
EUR
• Mark Wildermuth
• (Marc Norman) FTO
• Ruth Parent
• (John Sullivan) •GS • T.Bacon-
• Stephanie Molnar
to be advertised Gonzalez

AF NEA
•Lee MacTaggart • Mark Shaheen FTO
•FS to be Advertised • Miller GS Position Rob Goodson
•Katy Gore

08/11/2003
 Associate Coordinator
Programs, Legislation and
Public Diplomacy
Karl Wycoff

QMS QMS
J. Redfern Receptionist
Vacant

Office Director
(and R&D/TSWG)
Mike Jakub

Public Affairs TSWG Legislative

• Joe Reap Peter Dees • Mike Kraft Capacity Building
ATATraining Terror Finance
Public Affairs •DS Liaison •Celina Realuyo
Intern
TIP Program Terror Finance
• New GS •Rob Stapleton
Advertised

1 Terror Finance
•Keith McCoy • Gary Novis
•Mark
Wisniewski

Senior Policy
Workshops
•G. Stinson
•H. Medeiros

08/11/2003
 Operations
KTavy Hill Annex
Associate Coordinator
Operations
• (Amb. John Dinger)

QMS
Deborah Watson

Office Director
TOPOFF
Tom Hastings
Vacant

Intern
R. Manzanares

Director of Director Crisis

Plans/Policy Response
•Mark Thompson •Tim Walsh
•James Webster •H. Cormier
•G.Muhlner (US Air Force)
(US Navy) •Ltc. Shoemaker
•K. Churchill (US Army)
(US Marine Corps)

Reserve Augmentation
Part-Time and Full-Time
DODReservists
Commo
Support FEST
•Mike Cifarelli
•Tom McCue Sensitive Support
•Doug Rhodes •E. Beane
(IRM) •R. Bennett

08/11/2003
 S/CT Mission

The primary mission of the Office of Counterterrorism (S/CT)

is to ensure that the policies, plans and activities of foreign
governments support the United States' objectives in the Global
War on Terrorism (GWOT). S/CT will accomplish this mission
through intense diplomatic engagement with foreign governments
and comprehensive command and coordination of all USG
international counterterrorism (CT) policy and programs. S/CT's
efforts both contribute to the safety of Americans abroad, and
bolster the security of our homeland.

Roles of S/CT in Counterterrorism

The Department is the first among equals in USG agencies that

deal with international CT. The political will garnered through
diplomatic engagement is essential to the success of military,
law enforcement, intelligence and financial activities in the
GWOT. Given its importance, S/CT will focus on its primary
mission. My top priority is to induce foreign governments to
cooperate as effectively as possible in the GWOT both
bilaterally with the U.S. and multilaterally with international
and regional organizations. Our goal is to create coalitions
that identify, deter, apprehend and prosecute terrorists. S/CT
programs include:

• Anti Terrorism Assistance (ATA)

• Terrorist Interdiction Program (TIP)
• CT Public Diplomacy
• Foreign Emergency Support Team (FEST)
• Technical Support Working Group (TSWG)
• Counterterrorism Financing (CTF) Training and Technical
Assistance
• Designations of Terrorist Organizations and Supporters of
Terrorism

S/CT is pressing various policy initiatives with other

governments to combat terrorism: stopping terrorist fund-
raising; improving border controls and travel documents;
encouraging adherence to international treaties and conventions
on terrorism and new conventions against terrorist bombings and
fund raising; higher security standards for air and ground
transportation systems; and countering weapons of mass
destruction. S/CT Legislative Issues include:
Treaties: Obtain Senate ratification of convention against
terrorist bombings, and convention to suppress terrorism
fund raising. Both "have been submitted to Congress,
Justice is finalizing the implementing legislation.

Sanctions legislation: Protect CT interests and close

potential loopholes in Export Administration Act being
considered by Senate Banking Committee. Support efforts to
fix Trade Sanction and Effective Penalty Reform Act of 2000
loopholes including ones allowing exports to FTOs.

o Obtain full appropriation requested for ATA program and

TIP and support full funding of CJS appropriation -Bill
request which funds the CT R&D program.

FTP Process: Obtain legislative improvements in Foreign

Terrorist Organization (FTO) provisions in the
Antiterrorism and Effective Death Penalty Act of 1996, to
make the implementation more workable.

oMake permanent the S Visa provisions, which facilitate

resettlement in US if necessary to protect terrorism
rewards recipient and immediate families. Current
authority expires in November.
 DESIGNATING FOREIGN TERRORIST ORGANIZATIONS UNDER
U.S. LAW

• The process of designating a Foreign Terrorist

Organization under the authorities of the Antiterrorism
and Effective Death Penalty Act of 1996, Public Law 104-
132, Section 301) is a detailed and extensive effort.
The State Department, working closely with the
intelligence community, and Departments of Justice and
Treasury, must first compile an Administrative Record --
an exhaustive dossier of evidence -- that documents the
group's involvement in terrorist activities. Both
classified and unclassified sources are used in preparing
the administrative record.

• This administrative record then undergoes an extensive

interagency review as the Secretary of State's
designations must be made in consultation with Attorney
General and the Secretary of Treasury.

• Congress also included in the 1996 law a provision that

makes a designation subject to judicial review in the
U.S. Court of Appeals for the District of Colombia.
Thus, the Administrative Record, which is usually
classified because it contains intelligence material,
must withstand court scrutiny. (Several groups have
challenged the designations. Thus far, the Court has
upheld the designations.)

Seven days before publishing an FTO designation in the

Federal Register, the Department of State provides
classified notification to Congress. The designation takes
effect upon publication.

FTO designations expire in two years unless renewed. The

law allows groups to be designated at any time following a
decision by the Secretary, in consultation with the
Attorney General and the Secretary of the Treasury. The
Secretary may also revoke designations after determining
that the statutory requirements have been met.
* Sec. 219 of the Immigration and Nationality Act, which was amended by the Antiterrorism and Effective Death
Penalty Act of 1996, defines terrorist activity to mean: any activity which is unlawful under the laws of the place
where it is committed (or which, if committed in the United States, would be unlawful under the laws of the United
States or any State) and which involves any of the following:

(I) The highjacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle).

(II) The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to
compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or
implicit condition for the release of the individual seized or detained.

(III) A violent attack upon an internationally protected person (as defined in section 1116(b)(4) of title 18, United
States Code) or upon the liberty of such a person.

(IV) An assassination.

(V) The use of any-

(a) biological agent, chemical agent, or nuclear weapon or device, or

(b) explosive or firearm (other than for mere personal monetary gain), with intent to endanger, directly or indirectly,
the safety of one or more individuals or to cause substantial damage to property.

(VI) A threat, attempt, or conspiracy to do any of the foregoing.

(iii) The term "engage in terrorist activity" means to commit, in an individual capacity or as a member of an
organization, an act of terrorist activity or an act which the actor knows, or reasonably should know, affords material
support to any individual, organization, or government in conducting a terrorist activity at any time, including any of
the following acts:

(I) The preparation or planning of a terrorist activity.

(II) The gathering of information on potential targets for terrorist activity.

(III) The providing of any type of material support, including a safe house, transportation, communications, funds,
false documentation or identification, weapons, explosives, or training, to any individual the actor knows or has
reason to believe has committed or plans to commit a terrorist activity.

(IV) The soliciting of funds or other things of value for terrorist activity or for any terrorist organization.

(V) The solicitation of any individual for membership in a terrorist organization, terrorist government, or to engage in
a terrorist activity.
TO: Office of Del. Hutchins

ATTN: Erin
i 70
Appropriations for Fiscal Year 1999 (Public
( 91
91
tment of State Administration of Foreign Af-
91
d Consular Programs 91
(Public Law 96-449) . 93 1. State Department Basic Authorities Act of 1956
pubKc Law 84-885 [S. 2569], 70 Stat. 890, approved August 1, 1956, as
amended
AN ACT To provide certain basic authority for the Department of State.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may
be cited as the 'IState Department Basic Authorities Act of 1956".
TITLE I—BASIC AUTHORITIES GENERALLY
ORGANIZATION OF THE DEPARTMENT OF STATE
SECTION 1. (a) SECRETARY OF STATE.—
* * * * * * *
(f)1 COORDINATOR FOR COUNTERTERRORISM.—
(1) IN GENERAL.—There is within the office of the Secretary of
State a Coordinator for Counterterrorism (in this paragraph re-
ferred to as the 'Coordinator') who shall be appointed by the Presi-
dent, by and with the advice and consent of the Senate.
(2) DUTIES.—
(A) IN GENERAL.—The Coordinator shall perform such duties
and exercise such powers as the Secretary of State shall pre-
scribe.
(B) DUTIES DESCRIBED.—The principal duty of the Coordina-
tor shall be the overall supervision (including policy oversight
of resources) of international counterterrorism activities. The
Coordinator shall be the principal adviser to the Secretary of
State on international counterterrorism matters. The Coordina-
tor shall be the principal counterterrorism official within the
senior management of the Department of State and shall re-
port directly to the Secretary of State.
(3) RANK AND STATUS OF AMBASSADOR.—The Coordinator shall
have the rank and status of Ambassador at Large.".

SEC. 86.« DEPARTMENT OF STATE REWARDS PROGRAM.

(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is established a program for the pay-
ment of rewards to carry out the purposes of this section.
> Sec. (0 was add«d by Sec. 2301(«) of Public Law 105-277 (112 Sut. 2681-824)
'22VS.C 2708 ^ec: 36 was added by sec. 102 of Public Law 98-533 (98 Stat. 2708). It was
«b»equently amended by Publk Law 100-690 (102 SM. 4287); by Public Law KJ3-236(108
SuTlHS); by Publk Law 104-134 (110 Stat. 1321-45); In 1998, sec. 36 was amended bothby
•ec. 2202 of Public Law 105-277 (112 Stat. 2681-805) and subsequently by sec. 101 of Pubbc
Law 105-323 (112 Stat. 3029).
(71)
 person" means a person that makes
- in section 1604(a).
nited States assistance" means
isistance under the Foreign Assistance Act of
.0. 2151 et seq.), other than urgent humani-
jjce or medicine;
^assistance under the Arms Export Control
« by the Commodity Credit Corporation for
i agricultural commodities; and
g under the Export-Import Bank Act.
'-106 (110 Stat. 494) amended and restated subpara. (A),
tign Assistance Act of 1961, other than—
rtance or medicine, and
r 11 of part I (as enacted by the Freedom for Russia and
i and Open Markets Support Act of 1992);".
5. International Security and Development Cooperation Act
of 1985
Partial text of Public Law 99-83 [S. 960], 99 Stat. 190, approved August 8,
1985 as amended
AN ACT To authorize international development and security assistance programs
and Peace Corps programs for fiscal years 1986 and 1987, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the "International
Security and Development Cooperation Act of 1985".
TITLE V—INTERNATIONAL TERRORISM AND FOREIGN
AIRPORT SECURITY1
PART A—INTERNATIONAL TERRORISM GENERALLY
SEC. 501. » * *
SEC. 502. COORDINATION OF ALL UNITED STATES TERRORISM-RELAT-
ED ASSISTANCE TO FOREIGN COUNTRIES.
(a) COORDINATION.—The Secretary of State shall be responsible
for coordinating all assistance related to international terrorism
which is provided by the United States Government.
(b) REPORTS.—Not later than February 1 each year, the Sec-
retary of State, in consultation with appropriate United States
Government agencies, shall report to the appropriate committees of
the Congress on the assistance related to international terrorism
which was provided by the United States Government during the
preceding fiscal year. Such reports may be provided on a classified
basis to file extent necessary, and shall specify the amount and na-
ture of the assistance provided.
(c) RULE OF CONSTRUCTION.—Nothing contained in this section
shall be construed to limit or impair the authority or responsibility
of any other Federal agency with respect to law enforcement, do-
mestic security operations, or intelligence activities as defined in
Executive Order 12333.2
'See Section F for the text of legislation on foreign airport security.
2 For text, see VS. Congress. House. Committee on International Relations. Legislation on
Foreign Relations Thniugh 1996, (Washington, G.P.O., 1997), vol. II, sec. D.
(35)
ions Authorization Act, Fiscal Years 1992
and 1993
.aw 102-138 [HJt u
October 28, 1991, amen approved
i appropriations for fiscal years 1992 and 1993 for the
•meat of State, and for other purposes.
£ Senate and House of Representatives of the
•tec in Congress assembled,
TLE.
Iited
and as1993".
the "Foreign Relations Authorization
* * * * *
SCELLANEOUS FOREIGN POLICY
PROVISIONS
)REIGN POLICY PROVISIONS
* * * * * *
JRRORIST ASSETS IN THE UNTIED STATES.
CRESS.—Beginning 90 days after the date of
ind every 365 days thereafter, the Secretary
saltation with the Attorney General and ap-
agencies,2 shall submit to the Committee on
"he Committee on Finance of the Senate and
eign Affairs3 and the Committee on Ways
e of Representatives a report describing the
ssets held in the United States by terrorist
oization engaged in international terrorism.
provide a detailed list and description of
Jposes of this section—
jTorist countries", refers to countries des-
retary of State under section 40(d) of the
J Act; and
national terrorism" has the meaning given
. 140(d) of the Foreign Relations Authoriza-
•s 1988 and 1989.
i Relations Authorization Act, Fiscal Years 1994 and 1995
I), struck out Treasury" and inserted in lieu thereof "TVeas-
»y General and appropriate investigative agencies,".
4 (109 Stat. 186) provided that reference* to the Committee
iepneentatives shall be treated as referring to the Commit -
House of Representatives.
. Relations
added thisAuthorization
sentence. Act, Fiscal Yean 1994 and 1996
(86)
6. Foreign Relations Authorization Act, Fiscal Years 1988
and 1989
Partial text of Public Law 100-204 [H.R. 1777], 101 Stat. 1331, approved
December 22, 1987, as amended
AN ACT To authorize appropriations for fiscal years 1988 and 1989 for the Depart-
ment of State, the Unitea States Information Agency, the Voice of America, the
Board for International Broadcasting, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION I.1 SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the "Foreign Rela-
tions Authorization Act, Fiscal Years 1988 and 1989".
TITLE I—THE DEPARTMENT OF STATE
PART B—DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
* * * * * *
SEC. 140* ANNUAL COUNTRY REPORTS ON TERRORISM.
(a) REQUIREMENT OF ANNUAL COUNTRY REPORTS ON TERROR-
ISM.—The Secretary of State shall transmit to the Speaker of the
House of Representatives and the Committee on Foreign Relations
of the Senate, by April 303 of each year, a full and complete report
providing—
(1) detailed assessments with respect to each foreign coun-
try—
(A) in which acts of international terrorism occurred
which were, in the opinion of the Secretary, of major sig-
nificance;
(B) about which the Congress was notified during the
preceding five years pursuant to section 6(j) of the Export
Administration Act of 1979; and
(C) which the Secretary determines should be the sub-
ject of such report;4
(2) all relevant information about the activities during the
preceding year of any terrorist group, and any umbrella group
under which such terrorist group falls, known to be responsible
for the kidnapping or death of an American citizen during the
122 US.C. 2651 note.
2 22 VS.C. 2656f.
•Sec. 122 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law
101-246; 104 Stat. 27), struck out "March 31" and inserted in lieu thereof "April 30".
4 Sec, 578(1) of the Foreign Operations, Export Financing, and Related Programs Appropria-
tions Act, 1997 (sec. 101(c) of title I of the Omnibus Consolidated Appropriations Act, 1997; Pub-
lic Law 104-208; 110 Stat. 3009), struck out "and" at the end of para. (1), struck out a period
at the end of para. (2) and inserted instead a semicolon, and added new paras. (3) and (4).
(87)