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HOW TO DO IT? A DIFFERENT WAY OF ORGANIZING THE GOVERNMENT
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As presently configured, the national security institutions of the U.S. government
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are still the institutions constructed to win the Cold War. The United States
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confronts a very different world today. Instead of facing a few very dangerous
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adversaries, the United States confronts a number of less visible challenges that
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surpass the boundaries of traditional nation-states and call for quick, imaginative,
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and agile responses.
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The men and women of the World War II generation rose to the challenges of the 1940s
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and 1950s. They restructured the government so that it could protect the country.
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That is now the job of the generation that experienced 9/11. Those attacks showed,
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emphatically, that ways of doing business rooted in a different era are just not
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good enough. Americans should not settle for incremental, ad hoc adjustments to a
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system designed generations ago for a world that no longer exists.
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We recommend significant changes in the organization of the government. We know that
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the quality of the people is more important than the quality of the wiring diagrams.
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Some of the saddest aspects of the 9/11 story are the outstanding efforts of so many
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individual officials straining, often without success, against the boundaries of the
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possible. Good people can overcome bad structures. They should not have to.
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The United States has the resources and the people. The government should combine
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them more effectively, achieving unity of effort. We offer five major
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recommendations to do that:
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unifying strategic intelligence and operational planning against Islamist
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terrorists across the foreign-domestic divide with a National Counterterrorism
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Center;
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unifying the intelligence community with a new National Intelligence Director;
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unifying the many participants in the counterterrorism effort and their
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knowledge in a network-based information-sharing system that transcends
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traditional governmental boundaries;
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unifying and strengthening congressional oversight to improve quality and
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accountability; and
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strengthening the FBI and homeland defenders.
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UNITY OF EFFORT ACROSS THE FOREIGN-DOMESTIC DIVIDE
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Joint Action
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Much of the public commentary about the 9/11 attacks has dealt with "lost
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opportunities,"some of which we reviewed in chapter 11. These are often
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characterized as problems of "watchlisting," of "information sharing," or of
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"connecting the dots." In chapter 11 we explained that these labels are too narrow.
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They describe the symptoms, not the disease.
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In each of our examples, no one was firmly in charge of managing the case and able to
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draw relevant intelligence from anywhere in the government, assign responsibilities
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across the agencies (foreign or domestic), track progress, and quickly bring
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obstacles up to the level where they could be resolved. Responsibility and
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accountability were diffuse.
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The agencies cooperated, some of the time. But even such cooperation as there was is
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not the same thing as joint action. When agencies cooperate, one defines the problem
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and seeks help with it. When they act jointly, the problem and options for action
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are defined differently from the start. Individuals from different backgrounds come
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together in analyzing a case and planning how to manage it.
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In our hearings we regularly asked witnesses: Who is the quarterback? The other
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players are in their positions, doing their jobs. But who is calling the play that
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assigns roles to help them execute as a team?
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Since 9/11, those issues have not been resolved. In some ways joint work has gotten
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better, and in some ways worse. The effort of fighting terrorism has flooded over
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many of the usual agency boundaries because of its sheer quantity and energy.
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Attitudes have changed. Officials are keenly conscious of trying to avoid the
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mistakes of 9/11. They try to share information. They circulate-even to the
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President-practically every reported threat, however dubious.
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Partly because of all this effort, the challenge of coordinating it has multiplied.
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Before 9/11, the CIA was plainly the lead agency confronting al Qaeda. The FBI
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played a very secondary role. The engagement of the departments of Defense and State
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was more episodic.
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Today the CIA is still central. But the FBI is much more active, along with
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other parts of the Justice Department.
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The Defense Department effort is now enormous. Three of its unified commands,
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each headed by a four-star general, have counterterrorism as a primary mission:
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Special Operations Command, Central Command (both headquartered in Florida), and
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Northern Command (headquartered in Colorado).
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A new Department of Homeland Security combines formidable resources in border
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and transportation security, along with analysis of domestic vulnerability and
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other tasks.
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The State Department has the lead on many of the foreign policy tasks we
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described in chapter 12.
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At the White House, the National Security Council (NSC) now is joined by a
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parallel presidential advisory structure, the Homeland Security Council.
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So far we have mentioned two reasons for joint action-the virtue of joint planning
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and the advantage of having someone in charge to ensure a unified effort. There is a
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third: the simple shortage of experts with sufficient skills. The limited pool of
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critical experts-for example, skilled counterterrorism analysts and linguists-is
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being depleted. Expanding these capabilities will require not just money, but time.
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Primary responsibility for terrorism analysis has been assigned to the Terrorist
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Threat Integration Center (TTIC), created in 2003, based at the CIA headquarters but
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staffed with representatives of many agencies, reporting directly to the Director of
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Central Intelligence. Yet the CIA houses another intelligence "fusion" center: the
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Counterterrorist Center that played such a key role before 9/11. A third major
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analytic unit is at Defense, in the Defense Intelligence Agency. A fourth,
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concentrating more on homeland vulnerabilities, is at the Department of Homeland
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Security. The FBI is in the process of building the analytic capability it has long
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lacked, and it also has the Terrorist Screening Center.
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The U.S.government cannot afford so much duplication of effort. There are not enough
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experienced experts to go around. The duplication also places extra demands on
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already hard-pressed single-source national technical intelligence collectors like
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the National Security Agency.
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Combining Joint Intelligence and Joint Action
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A "smart" government would integrate all sources of information to see the enemy as a
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whole. Integrated all-source analysis should also inform and shape strategies to
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collect more intelligence. Yet the Terrorist Threat Integration Center, while it has
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primary responsibility for terrorism analysis, is formally proscribed from having
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any oversight or operational authority and is not part of any operational entity,
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other than reporting to the director of central intelligence.
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The government now tries to handle the problem of joint management, informed by
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analysis of intelligence from all sources, in two ways.
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First, agencies with lead responsibility for certain problems have constructed
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their own interagency entities and task forces in order to get cooperation. The
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Counterterrorist Center at CIA, for example, recruits liaison officers from
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throughout the intelligence community. The military's Central Command has its
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own interagency center, recruiting liaison officers from all the agencies from
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which it might need help. The FBI has Joint Terrorism Task Forces in 84
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locations to coordinate the activities of other agencies when action may be
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required.
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Second, the problem of joint operational planning is often passed to the White
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House, where the NSC staff tries to play this role. The national security staff
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at the White House (both NSC and new Homeland Security Council staff) has
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already become 50 percent larger since 9/11. But our impression, after talking
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to serving officials, is that even this enlarged staff is consumed by meetings
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on day-to-day issues, sifting each day's threat information and trying to
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coordinate everyday operations.
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Even as it crowds into every square inch of available office space, the NSC staff is
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still not sized or funded to be an executive agency. In chapter 3 we described some
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of the problems that arose in the 1980s when a White House staff, constitutionally
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insulated from the usual mechanisms of oversight, became involved in direct
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operations. During the 1990s Richard Clarke occasionally tried to exercise such
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authority, sometimes successfully, but often causing friction.
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Yet a subtler and more serious danger is that as the NSC staff is consumed by these
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day-to-day tasks, it has less capacity to find the time and detachment needed to
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advise a president on larger policy issues. That means less time to work on major
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new initiatives, help with legislative management to steer needed bills through
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Congress, and track the design and implementation of the strategic plans for
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regions, countries, and issues that we discuss in chapter 12. Much of the job of
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operational coordination remains with the agencies, especially the CIA. There DCI
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Tenet and his chief aides ran interagency meetings nearly every day to coordinate
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much of the government's day-to-day work. The DCI insisted he did not make policy
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and only oversaw its implementation. In the struggle against terrorism these
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distinctions seem increasingly artificial. Also, as the DCI becomes a lead
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coordinator of the government's operations, it becomes harder to play all the
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position's other roles, including that of analyst in chief.
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The problem is nearly intractable because of the way the government is currently
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structured. Lines of operational authority run to the expanding executive
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departments, and they are guarded for understandable reasons: the DCI commands the
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CIA's personnel overseas; the secretary of defense will not yield to others in
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conveying commands to military forces; the Justice Department will not give up the
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responsibility of deciding whether to seek arrest warrants. But the result is that
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each agency or department needs its own intelligence apparatus to support the
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performance of its duties. It is hard to "break down stovepipes" when there are so
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many stoves that are legally and politically entitled to have cast-iron pipes of
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their own.
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Recalling the Goldwater-Nichols legislation of 1986, Secretary Rumsfeld reminded us
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that to achieve better joint capability, each of the armed services had to "give up
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some of their turf and authorities and prerogatives." Today, he said, the executive
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branch is "stove-piped much like the four services were nearly 20 years ago." He
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wondered if it might be appropriate to ask agencies to "give up some of their
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existing turf and authority in exchange for a stronger, faster, more efficient
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government wide joint effort." Privately, other key
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officials have made the same point to us.
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We therefore propose a new institution: a civilian-led unified joint command for
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counterterrorism. It should combine strategic intelligence and joint operational
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planning.
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In the Pentagon's Joint Staff, which serves the chairman of the Joint Chiefs of
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Staff, intelligence is handled by the J-2 directorate, operational planning by J-3,
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and overall policy by J-5. Our concept combines the J-2 and J-3 functions
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(intelligence and operational planning) in one agency, keeping overall policy
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coordination where it belongs, in the National Security Council.
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Recommendation: We recommend the establishment of a National
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Counterterrorism Center (NCTC), built on the foundation of the existing
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Terrorist Threat Integration Center (TTIC). Breaking the older mold of national
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government organization, this NCTC should be a center for joint operational
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planning and joint intelligence, staffed by personnel from the various agencies.
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The head of the NCTC should have authority to evaluate the performance of the
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people assigned to the Center.
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Such a joint center should be developed in the same spirit that guided the
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military's creation of unified joint commands, or the shaping of earlier
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national agencies like the National Reconnaissance Office, which was formed to
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organize the work of the CIA and several defense agencies in space.
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NCTC-Intelligence. The NCTC should lead strategic
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analysis, pooling all-source intelligence, foreign and domestic, about
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transnational terrorist organizations with global reach. It should develop net
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assessments (comparing enemy capabilities and intentions against U.S. defenses
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and countermeasures). It should also provide warning. It should do this work by
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drawing on the efforts of the CIA, FBI, Homeland Security, and other departments
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and agencies. It should task collection requirements both inside and outside the
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United States.
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The intelligence function (J-2) should build on the existing TTIC structure
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and remain distinct, as a national intelligence center, within the NCTC. As the
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government's principal knowledge bank on Islamist terrorism, with the main
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responsibility for strategic analysis and net assessment, it should absorb a
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significant portion of the analytical talent now residing in the CIA's
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Counterterrorist Center and the DIA's Joint Intelligence Task Force-Combatting
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Terrorism (JITF-CT).
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NCTC-Operations. The NCTC should perform joint planning.
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The plans would assign operational responsibilities to lead agencies, such as
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State, the CIA, the FBI, Defense and its combatant commands, Homeland Security,
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and other agencies. The NCTC should not direct the actual execution of these
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operations, leaving that job to the agencies. The NCTC would then track
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implementation; it would look across the foreign-domestic divide and across
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agency boundaries, updating plans to follow through on cases.
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The joint operational planning function (J-3) will be new to theTTIC
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structure. The NCTC can draw on analogous work now being done in the CIA and
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every other involved department of the government, as well as reaching out to
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knowledgeable officials in state and local agencies throughout the United
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States.
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The NCTC should not be a policymaking body. Its operations and planning should
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follow the policy direction of the president and the National Security
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Council.
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Consider this hypothetical case. The NSA discovers that a suspected terrorist is
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traveling to Bangkok and Kuala Lumpur. The NCTC should draw on joint
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intelligence resources, including its own NSA counterterrorism experts, to
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analyze the identities and possible destinations of these individuals. Informed
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by this analysis, the NCTC would then organize and plan the management of the
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case, drawing on the talents and differing kinds of experience among the several
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agency representatives assigned to it-assigning tasks to the CIA overseas, to
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Homeland Security watching entry points into the United States, and to the FBI.
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If military assistance might be needed, the Special Operations Command could be
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asked to develop an appropriate concept for such an operation. The NCTC would be
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accountable for tracking the progress of the case, ensuring that the plan
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evolved with it, and integrating the information into a warning. The NCTC would
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be responsible for being sure that intelligence gathered from the activities in
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the field became part of the government's institutional memory about Islamist
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terrorist personalities, organizations, and possible means of attack.
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In each case the involved agency would make its own senior managers aware of what
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it was being asked to do. If those agency heads objected, and the issue could
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not easily be resolved, then the disagreement about roles and missions could be
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brought before the National Security Council and the president.
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NCTC-Authorities.
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The head of the NCTC should be appointed by the president, and should be equivalent
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in rank to a deputy head of a cabinet department. The head of the NCTC would report
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to the national intelligence director, an office whose creation we recommend below,
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placed in the Executive Office of the President. The head of the NCTC would thus
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also report indirectly to the president. This official's nomination should be
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confirmed by the Senate and he or she should testify to the Congress, as is the case
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now with other statutory presidential offices, like the U.S. trade representative.
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To avoid the fate of other entities with great nominal authority and little
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real power, the head of the NCTC must have the right to concur in the choices of
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personnel to lead the operating entities of the departments and agencies focused
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on counterterrorism, specifically including the head of the Counterterrorist
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Center, the head of the FBI's Counterterrorism Division, the commanders of the
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Defense Department's Special Operations Command and Northern Command, and the
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State Department's coordinator for counterterrorism.
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The head of the NCTC should also work with the director of the Office of
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Management and Budget in developing the president's counterterrorism budget.
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There are precedents for surrendering authority for joint planning while
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preserving an agency's operational control. In the international context, NATO
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commanders may get line authority over forces assigned by other nations. In U.S.
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unified commands, commanders plan operations that may involve units belonging to
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one of the services. In each case, procedures are worked out, formal and
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informal, to define the limits of the joint commander's authority.
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The most serious disadvantage of the NCTC is the reverse of its greatest virtue. The
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struggle against Islamist terrorism is so important that any clear-cut
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centralization of authority to manage and be accountable for it may concentrate too
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much power in one place. The proposed NCTC would be given the authority of planning
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the activities of other agencies. Law or executive order must define the scope of
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such line authority.
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The NCTC would not eliminate interagency policy disputes. These would still go to the
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National Security Council. To improve coordination at the White House, we believe
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the existing Homeland Security Council should soon be merged into a single National
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Security Council. The creation of the NCTC should help the NSC staff concentrate on
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its core duties of assisting the president and supporting interdepartmental
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policymaking.
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We recognize that this is a new and difficult idea precisely because the authorities
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we recommend for the NCTC really would, as Secretary Rumsfeld foresaw, ask strong
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agencies to "give up some of their turf and authority in exchange for a stronger,
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faster, more efficient government wide joint effort." Countering transnational
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Islamist terrorism will test whether the U.S. government can fashion more flexible
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models of management needed to deal with the twenty-first-century world.
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An argument against change is that the nation is at war, and cannot afford to
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reorganize in midstream. But some of the main innovations of the 1940s and 1950s,
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including the creation of the Joint Chiefs of Staff and even the construction of the
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Pentagon itself, were undertaken in the midst of war. Surely the country cannot wait
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until the struggle against Islamist terrorism is over.
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"Surprise, when it happens to a government, is likely to be a complicated, diffuse,
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bureaucratic thing. It includes neglect of responsibility, but also responsibility
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so poorly defined or so ambiguously delegated that action gets lost." That comment was made more than 40 years ago, about Pearl
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Harbor. We hope another commission, writing in the future about another attack, does
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not again find this quotation to be so apt.
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UNITY OF EFFORT IN THE INTELLIGENCE COMMUNITY
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In our first section, we concentrated on counterterrorism, discussing how to combine
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the analysis of information from all sources of intelligence with the joint planning
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of operations that draw on that analysis. In this section, we step back from looking
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just at the counterterrorism problem. We reflect on whether the government is
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organized adequately to direct resources and build the intelligence capabilities it
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will need not just for countering terrorism, but for the broader range of national
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security challenges in the decades ahead.
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The Need for a Change
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During the Cold War, intelligence agencies did not depend on seamless integration to
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track and count the thousands of military targets-such as tanks and missiles-fielded
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by the Soviet Union and other adversary states. Each agency concentrated on its
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specialized mission, acquiring its own information and then sharing it via formal,
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finished reports. The Department of Defense had given birth to and dominated the
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main agencies for technical collection of intelligence. Resources were shifted at an
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incremental pace, coping with challenges that arose over years, even decades.
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We summarized the resulting organization of the intelligence community in chapter 3.
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It is outlined below.
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Members of the U.S. Intelligence Community
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Office of the Director of Central Intelligence, which includes the Office of the
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Deputy Director of Central Intelligence for Community Management, the Community
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Management Staff, theTerrorism Threat Integration Center, the National Intelligence
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Council, and other community offices.
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The Central Intelligence Agency (CIA), which performs human source collection,
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all-source analysis, and advanced science and technology.
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National intelligence agencies:
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National Security Agency (NSA), which performs signals collection and analysis
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National Geospatial-Intelligence Agency (NGA), which performs imagery
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collection and analysis
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National Reconnaissance Office (NRO), which develops, acquires, and launches
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space systems for intelligence collection Other national reconnaissance
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programs
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Departmental intelligence agencies:
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Defense Intelligence Agency (DIA) of the Department of Defense
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Intelligence entities of the Army, Navy, Air Force, and Marines
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Bureau of Intelligence and Research (INR) of the Department of State
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Office of Terrorism and Finance Intelligence of the Department of Treasury
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Office of Intelligence and the Counterterrorism and Counterintelligence
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Divisions of the Federal Bureau of Investigation of the Department of Justice
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Office of Intelligence of the Department of Energy
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Directorate of Information Analysis and Infrastructure Protection
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(IAIP) and Directorate of Coast Guard Intelligence of the Department of
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Homeland Security
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The need to restructure the intelligence community grows out of six problems that
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have become apparent before and after 9/11:
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Structural barriers to performing joint intelligence work. National
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intelligence is still organized around the collection disciplines of the home
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agencies, not the joint mission. The importance of integrated, allsource
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analysis cannot be overstated. Without it, it is not possible to "connect the
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dots." No one component holds all the relevant information.
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By contrast, in organizing national defense, the Goldwater- Nichols
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legislation of 1986 created joint commands for operations in the field, the
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Unified Command Plan. The services-the Army, Navy, Air Force, and Marine
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Corps-organize, train, and equip their people and units to perform their
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missions. Then they assign personnel and units to the joint combatant commander,
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like the commanding general of the Central Command (CENTCOM). The Goldwater-
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Nichols Act required officers to serve tours outside their service in order to
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win promotion. The culture of the Defense Department was transformed, its
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collective mind-set moved from service-specific to "joint," and its operations
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became more integrated.
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Lack of common standards and practices across the
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foreign-domestic divide. The leadership of the intelligence community
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should be able to pool information gathered overseas with information gathered
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in the United States, holding the work-wherever it is done-to a common standard
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of quality in how it is collected, processed (e.g., translated), reported,
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shared, and analyzed. A common set of personnel standards for intelligence can
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create a group of professionals better able to operate in joint activities,
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transcending their own service-specific mind-sets.
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Divided management of national intelligence capabilities.
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While the CIA was once "central" to our national intelligence capabilities,
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following the end of the Cold War it has been less able to influence the use of
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the nation's imagery and signals intelligence capabilities in three national
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agencies housed within the Department of Defense: the National Security Agency,
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the National Geospatial-Intelligence Agency, and the National Reconnaissance
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Office. One of the lessons learned from the 1991 Gulf War was the value of
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national intelligence systems (satellites in particular) in precision warfare.
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Since that war, the department has appropriately drawn these agencies into its
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transformation of the military. Helping to orchestrate this transformation is
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the under secretary of defense for intelligence, a position established by
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Congress after 9/11. An unintended consequence of these developments has been
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the far greater demand made by Defense on technical systems, leaving the DCI
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less able to influence how these technical resources are allocated and used.
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Weak capacity to set priorities and move resources. The
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agencies are mainly organized around what they collect or the way they collect
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it. But the priorities for collection are national. As the DCI makes hard
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choices about moving resources, he or she must have the power to reach across
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agencies and reallocate effort.
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Too many jobs. The DCI now has at least three jobs. He is
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expected to run a particular agency, the CIA. He is expected to manage the loose
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confederation of agencies that is the intelligence community. He is expected to
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be the analyst in chief for the government, sifting evidence and directly
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briefing the President as his principal intelligence adviser. No recent DCI has
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been able to do all three effectively. Usually what loses out is management of
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the intelligence community, a difficult task even in the best case because the
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DCI's current authorities are weak. With so much to do, the DCI often has not
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used even the authority he has.
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Too complex and secret. Over the decades, the agencies
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and the rules surrounding the intelligence community have accumulated to a depth
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that practically defies public comprehension. There are now 15 agencies or parts
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of agencies in the intelligence community. The community and the DCI's
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authorities have become arcane matters, understood only by initiates after long
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study. Even the most basic information about how much money is actually
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allocated to or within the intelligence community and most of its key components
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is shrouded from public view.
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The current DCI is responsible for community performance but lacks the three
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authorities critical for any agency head or chief executive officer: (1) control
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over purse strings, (2) the ability to hire or fire senior managers, and (3) the
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ability to set standards for the information infrastructure and personnel.
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The only budget power of the DCI over agencies other than the CIA lies in
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coordinating the budget requests of the various intelligence agencies into a single
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program for submission to Congress. The overall funding request of the 15
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intelligence entities in this program is then presented to the president and
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Congress in 15 separate volumes.
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When Congress passes an appropriations bill to allocate money to intelligence
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agencies, most of their funding is hidden in the Defense Department in order to keep
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intelligence spending secret. Therefore, although the House and Senate Intelligence
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committees are the authorizing committees for funding of the intelligence community,
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the final budget review is handled in the Defense Subcommittee of the Appropriations
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committees. Those committees have no subcommittees just for intelligence, and only a
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few members and staff review the requests.
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The appropriations for the CIA and the national intelligence agencies- NSA, NGA, and
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NRO-are then given to the secretary of defense. The secretary transfers the CIA's
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money to the DCI but disburses the national agencies' money directly. Money for the
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FBI's national security components falls within the appropriations for Commerce,
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Justice, and State and goes to the attorney general.
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In addition, the DCI lacks hire-and-fire authority over most of the intelligence
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community's senior managers. For the national intelligence agencies housed in the
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Defense Department, the secretary of defense must seek the DCI's concurrence
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regarding the nomination of these directors, who are presidentially appointed. But
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the secretary may submit recommendations to the president without receiving this
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concurrence. The DCI cannot fire these officials. The DCI has even less influence
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over the head of the FBI's national security component, who is appointed by the
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attorney general in consultation with the DCI.
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Combining Joint Work with Stronger Management
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We have received recommendations on the topic of intelligence reform from many
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sources. Other commissions have been over this same ground. Thoughtful bills have
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been introduced, most recently a bill by the chairman of the House Intelligence
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Committee Porter Goss (R-Fla.), and another by the ranking minority member, Jane
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Harman (D-Calif.). In the Senate, Senators Bob Graham (D-Fla.) and Dianne Feinstein
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(D-Calif.) have introduced reform proposals as well. Past efforts have foundered,
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because the president did not support them; because the DCI, the secretary of
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defense, or both opposed them; and because some proposals lacked merit. We have
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tried to take stock of these experiences, and borrow from strong elements in many of
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the ideas that have already been developed by others.
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Recommendation: The current position of Director of Central
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Intelligence should be replaced by a National Intelligence Director with two
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main areas of responsibility: (1) to oversee national intelligence centers on
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specific subjects of interest across the U.S. government and (2) to manage the
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national intelligence program and oversee the agencies that contribute to
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it.
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First, the National Intelligence Director should oversee national intelligence
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centers to provide all-source analysis and plan intelligence operations for the
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whole government on major problems.
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One such problem is counterterrorism. In this case, we believe that the center
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should be the intelligence entity (formerly TTIC) inside the National
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Counterterrorism Center we have proposed. It would sit there alongside the
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operations management unit we described earlier, with both making up the NCTC,
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in the Executive Office of the President. Other national intelligence
471
centers-for instance, on counterproliferation, crime and narcotics, and
472
China-would be housed in whatever department or agency is best suited for them.
473
The National Intelligence Director would retain the present DCI's role as the
474
principal intelligence adviser to the president. We hope the president will come
475
to look directly to the directors of the national intelligence centers to
476
provide all-source analysis in their areas of responsibility, balancing the
477
advice of these intelligence chiefs against the contrasting viewpoints that may
478
be offered by department heads at State, Defense, Homeland Security, Justice,
479
and other agencies.
480
481
Second, the National Intelligence Director should manage the national intelligence
482
program and oversee the component agencies of the intelligence community. (See
483
diagram.)
484
485
486
The National Intelligence Director would submit a unified budget for national
487
intelligence that reflects priorities chosen by the National Security Council,
488
an appropriate balance among the varieties of technical and human intelligence
489
collection, and analysis. He or she would receive an appropriation for national
490
intelligence and apportion the funds to the appropriate agencies, in line with
491
that budget, and with authority to reprogram funds among the national
492
intelligence agencies to meet any new priority (as counterterrorism was in the
493
1990s). The National Intelligence Director should approve and submit nominations
494
to the president of the individuals who would lead the CIA, DIA, FBI
495
Intelligence Office, NSA, NGA, NRO, Information Analysis and Infrastructure
496
Protection Directorate of the Department of Homeland Security, and other
497
national intelligence capabilities.
498
499
The National Intelligence Director would manage this national effort with the
500
help of three deputies, each of whom would also hold a key position in one of
501
the component agencies.
502
503
foreign intelligence (the head of the CIA)
504
defense intelligence (the under secretary of defense for intelligence)
505
506
homeland intelligence (the FBI's executive assistant director for intelligence
507
or the under secretary of homeland security for information analysis and
508
infrastructure protection) Other agencies in the intelligence community would
509
coordinate their work within each of these three areas, largely staying housed
510
in the same departments or agencies that support them now.
511
512
Returning to the analogy of the Defense Department's organization, these three
513
deputies-like the leaders of the Army, Navy, Air Force, or Marines-would have the
514
job of acquiring the systems, training the people, and executing the operations
515
planned by the national intelligence centers.
516
And, just as the combatant commanders also report to the secretary of defense, the
517
directors of the national intelligence centers-e.g., for counterproliferation, crime
518
and narcotics, and the rest-also would report to the National Intelligence Director.
519
520
The Defense Department's military intelligence programs-the joint military
521
intelligence program (JMIP) and the tactical intelligence and related activities
522
program (TIARA)-would remain part of that department's responsibility.
523
The National Intelligence Director would set personnel policies to establish
524
standards for education and training and facilitate assignments at the national
525
intelligence centers and across agency lines. The National Intelligence Director
526
also would set information sharing and information technology policies to
527
maximize data sharing, as well as policies to protect the security of
528
information.
529
Too many agencies now have an opportunity to say no to change. The National
530
Intelligence Director should participate in an NSC executive committee that can
531
resolve differences in priorities among the agencies and bring the major
532
disputes to the president for decision.
533
534
The National Intelligence Director should be located in the Executive Office of the
535
President. This official, who would be confirmed by the Senate and would testify
536
before Congress, would have a relatively small staff of several hundred people,
537
taking the place of the existing community management offices housed at the CIA.
538
In managing the whole community, the National Intelligence Director is still
539
providing a service function. With the partial exception of his or her
540
responsibilities for overseeing the NCTC, the National Intelligence Director should
541
support the consumers of national intelligence-the president and policymaking
542
advisers such as the secretaries of state, defense, and homeland security and the
543
attorney general.
544
We are wary of too easily equating government management problems with those of the
545
private sector. But we have noticed that some very large private firms rely on a
546
powerful CEO who has significant control over how money is spent and can hire or
547
fire leaders of the major divisions, assisted by a relatively modest staff, while
548
leaving responsibility for execution in the operating divisions. There are
549
disadvantages to separating the position of National Intelligence Director from the
550
job of heading the CIA. For example, the National Intelligence Director will not
551
head a major agency of his or her own and may have a weaker base of support. But we
552
believe that these disadvantages are outweighed by several other considerations:
553
554
The National Intelligence Director must be able to directly oversee
555
intelligence collection inside the United States. Yet law and custom has
556
counseled against giving such a plain domestic role to the head of the CIA.
557
The CIA will be one among several claimants for funds in setting national
558
priorities. The National Intelligence Director should not be both one of the
559
advocates and the judge of them all.
560
Covert operations tend to be highly tactical, requiring close attention. The
561
National Intelligence Director should rely on the relevant joint mission center
562
to oversee these details, helping to coordinate closely with the White House.
563
The CIA will be able to concentrate on building the capabilities to carry out
564
such operations and on providing the personnel who will be directing and
565
executing such operations in the field.
566
Rebuilding the analytic and human intelligence collection capabilities of the
567
CIA should be a full-time effort, and the director of the CIA should focus on
568
extending its comparative advantages.
569
570
571
Recommendation: The CIA Director should emphasize (a) rebuilding the
572
CIA's analytic capabilities; (b) transforming the clandestine service by
573
building its human intelligence capabilities; (c) developing a stronger language
574
program, with high standards and sufficient financial incentives; (d) renewing
575
emphasis on recruiting diversity among operations officers so they can blend
576
more easily in foreign cities; (e) ensuring a seamless relationship between
577
human source collection and signals collection at the operational level; and (f)
578
stressing a better balance between unilateral and liaison operations.
579
580
The CIA should retain responsibility for the direction and execution of clandestine
581
and covert operations, as assigned by the relevant national intelligence center and
582
authorized by the National Intelligence Director and the president. This would
583
include propaganda, renditions, and nonmilitary disruption. We believe, however,
584
that one important area of responsibility should change.
585
586
Recommendation: Lead responsibility for directing and executing
587
paramilitary operations, whether clandestine or covert, should shift to the
588
Defense Department. There it should be consolidated with the capabilities for
589
training, direction, and execution of such operations already being developed in
590
the Special Operations Command.
591
592
593
Before 9/11, the CIA did not invest in developing a robust capability to
594
conduct paramilitary operations with U.S. personnel. It relied on proxies
595
instead, organized by CIA operatives without the requisite military training.
596
The results were unsatisfactory.
597
Whether the price is measured in either money or people, the United States
598
cannot afford to build two separate capabilities for carrying out secret
599
military operations, secretly operating standoff missiles, and secretly training
600
foreign military or paramilitary forces. The United States should concentrate
601
responsibility and necessary legal authorities in one entity.
602
The post-9/11 Afghanistan precedent of using joint CIA-military teams for
603
covert and clandestine operations was a good one. We believe this proposal to be
604
consistent with it. Each agency would concentrate on its comparative advantages
605
in building capabilities for joint missions. The operation itself would be
606
planned in common.
607
The CIA has a reputation for agility in operations. The military has a
608
reputation for being methodical and cumbersome. We do not know if these
609
stereotypes match current reality; they may also be one more symptom of the
610
civil-military misunderstandings we described in chapter 4. It is a problem to
611
be resolved in policy guidance and agency management, not in the creation of
612
redundant, overlapping capabilities and authorities in such sensitive work. The
613
CIA's experts should be integrated into the military's training, exercises, and
614
planning. To quote a CIA official now serving in the field:"One fight, one
615
team."
616
617
618
Recommendation: Finally, to combat the secrecy and complexity we
619
have described, the overall amounts of money being appropriated for national
620
intelligence and to its component agencies should no longer be kept secret.
621
Congress should pass a separate appropriations act for intelligence, defending
622
the broad allocation of how these tens of billions of dollars have been assigned
623
among the varieties of intelligence work.
624
625
The specifics of the intelligence appropriation would remain classified, as they are
626
today. Opponents of declassification argue that America's enemies could learn about
627
intelligence capabilities by tracking the top-line appropriations figure. Yet the
628
top-line figure by itself provides little insight into U.S. intelligence sources and
629
methods. The U.S. government readily provides copious information about spending on
630
its military forces, including military intelligence. The intelligence community
631
should not be subject to that much disclosure. But when even aggregate categorical
632
numbers remain hidden, it is hard to judge priorities and foster accountability.
633
UNITY OF EFFORT IN SHARING INFORMATION
634
Information Sharing
635
We have already stressed the importance of intelligence analysis that can draw on all
636
relevant sources of information. The biggest impediment to all-source analysis-to a
637
greater likelihood of connecting the dots-is the human or systemic resistance to
638
sharing information.
639
The U.S. government has access to a vast amount of information. When databases not
640
usually thought of as "intelligence," such as customs or immigration information,
641
are included, the storehouse is immense. But the U.S. government has a weak system
642
for processing and using what it has. In interviews around the government, official
643
after official urged us to call attention to frustrations with the unglamorous "back
644
office" side of government operations. In the 9/11 story, for example, we sometimes
645
see examples of information that could be accessed-like the undistributed NSA
646
information that would have helped identify Nawaf al Hazmi in January 2000. But
647
someone had to ask for it. In that case, no one did. Or, as in the episodes we
648
describe in chapter 8, the information is distributed, but in a compartmented
649
channel. Or the information is available, and someone does ask, but it cannot be
650
shared.
651
What all these stories have in common is a system that requires a demonstrated "need
652
to know" before sharing. This approach assumes it is possible to know, in advance,
653
who will need to use the information. Such a system implicitly assumes that the risk
654
of inadvertent disclosure outweighs the benefits of wider sharing. Those Cold War
655
assumptions are no longer appropriate. The culture of agencies feeling they own the
656
information they gathered at taxpayer expense must be replaced by a culture in which
657
the agencies instead feel they have a duty to the information-to repay the
658
taxpayers' investment by making that information available.
659
Each intelligence agency has its own security practices, outgrowths of the Cold War.
660
We certainly understand the reason for these practices. Counterintelligence concerns
661
are still real, even if the old Soviet enemy has been replaced by other spies.
662
But the security concerns need to be weighed against the costs. Current security
663
requirements nurture overclassification and excessive compartmentation of
664
information among agencies. Each agency's incentive structure opposes sharing, with
665
risks (criminal, civil, and internal administrative sanctions) but few rewards for
666
sharing information. No one has to pay the long-term costs of overclassifying
667
information, though these costs-even in literal financial terms- are substantial.
668
There are no punishments for not sharing information. Agencies uphold a
669
"need-to-know" culture of information protection rather than promoting a
670
"need-to-share" culture of integration.
671
672
673
Recommendation: Information procedures should provide incentives for
674
sharing, to restore a better balance between security and shared knowledge.
675
676
Intelligence gathered about transnational terrorism should be processed, turned into
677
reports, and distributed according to the same quality standards, whether it is
678
collected in Pakistan or in Texas.
679
The logical objection is that sources and methods may vary greatly in different
680
locations. We therefore propose that when a report is first created, its data be
681
separated from the sources and methods by which they are obtained. The report should
682
begin with the information in its most shareable, but still meaningful, form.
683
Therefore the maximum number of recipients can access some form of that information.
684
If knowledge of further details becomes important, any user can query further, with
685
access granted or denied according to the rules set for the network-and with queries
686
leaving an audit trail in order to determine who accessed the information. But the
687
questions may not come at all unless experts at the "edge" of the network can
688
readily discover the clues that prompt to them.
689
690
We propose that information be shared horizontally, across new networks that
691
transcend individual agencies.
692
693
The current system is structured on an old mainframe, or hub-andspoke,
694
concept. In this older approach, each agency has its own database. Agency users
695
send information to the database and then can retrieve it from the database.
696
A decentralized network model, the concept behind much of the information
697
revolution, shares data horizontally too. Agencies would still have their own
698
databases, but those databases would be searchable across agency lines. In this
699
system, secrets are protected through the design of the network and an
700
"information rights management" approach that controls access to the data, not
701
access to the whole network. An outstanding conceptual framework for this kind
702
of "trusted information network" has been developed by a task force of leading
703
professionals in national security, information technology, and law assembled by
704
the Markle Foundation. Its report has been widely discussed throughout the U.S.
705
government, but has not yet been converted into action.
706
707
708
709
Recommendation: The president should lead the government-wide effort
710
to bring the major national security institutions into the information
711
revolution. He should coordinate the resolution of the legal, policy, and
712
technical issues across agencies to create a "trusted information network."
713
714
715
No one agency can do it alone. Well-meaning agency officials are under
716
tremendous pressure to update their systems. Alone, they may only be able to
717
modernize the stovepipes, not replace them.
718
Only presidential leadership can develop government-wide concepts and
719
standards. Currently, no one is doing this job. Backed by the Office of
720
Management and Budget, a new National Intelligence Director empowered to set
721
common standards for information use throughout the community, and a secretary
722
of homeland security who helps extend the system to public agencies and relevant
723
private-sector databases, a government-wide initiative can succeed.
724
White House leadership is also needed because the policy and legal issues are
725
harder than the technical ones. The necessary technology already exists. What
726
does not are the rules for acquiring, accessing, sharing, and using the vast
727
stores of public and private data that may be available. When information
728
sharing works, it is a powerful tool. Therefore the sharing and uses of
729
information must be guided by a set of practical policy guidelines that
730
simultaneously empower and constrain officials, telling them clearly what is and
731
is not permitted.
732
733
"This is government acting in new ways, to face new threats," the most recent Markle
734
report explains." And while such change is necessary, it must be accomplished while
735
engendering the people's trust that privacy and other civil liberties are being
736
protected, that businesses are not being unduly burdened with requests for
737
extraneous or useless information, that taxpayer money is being well spent, and
738
that, ultimately, the network will be effective in protecting our security." The
739
authors add: "Leadership is emerging from all levels of government and from many
740
places in the private sector. What is needed now is a plan to accelerate these
741
efforts, and public debate and consensus on the goals."
742
743
UNITY OF EFFORT IN THE CONGRESS
744
Strengthen Congressional Oversight of Intelligence and Homeland Security
745
Of all our recommendations, strengthening congressional oversight may be among the
746
most difficult and important. So long as oversight is governed by current
747
congressional rules and resolutions, we believe the American people will not get the
748
security they want and need. The United States needs a strong, stable, and capable
749
congressional committee structure to give America's national intelligence agencies
750
oversight, support, and leadership. Few things are more difficult to change in
751
Washington than congressional committee jurisdiction and prerogatives. To a member,
752
these assignments are almost as important as the map of his or her congressional
753
district. The American people may have to insist that these changes occur, or they
754
may well not happen. Having interviewed numerous members of Congress from both
755
parties, as well as congressional staff members, we found that dissatisfaction with
756
congressional oversight remains widespread.
757
The future challenges of America's intelligence agencies are daunting. They include
758
the need to develop leading-edge technologies that give our policymakers and
759
warfighters a decisive edge in any conflict where the interests of the United States
760
are vital. Not only does good intelligence win wars, but the best intelligence
761
enables us to prevent them from happening altogether. Under the terms of existing
762
rules and resolutions the House and Senate intelligence committees lack the power,
763
influence, and sustained capability to meet this challenge. While few members of
764
Congress have the broad knowledge of intelligence activities or the know-how about
765
the technologies employed, all members need to feel assured that good oversight is
766
happening. When their unfamiliarity with the subject is combined with the need to
767
preserve security, a mandate emerges for substantial change.
768
Tinkering with the existing structure is not sufficient. Either Congress should
769
create a joint committee for intelligence, using the Joint Atomic Energy Committee
770
as its model, or it should create House and Senate committees with combined
771
authorizing and appropriations powers.
772
Whichever of these two forms are chosen, the goal should be a structure- codified by
773
resolution with powers expressly granted and carefully limited- allowing a
774
relatively small group of members of Congress, given time and reason to master the
775
subject and the agencies, to conduct oversight of the intelligence establishment and
776
be clearly accountable for their work. The staff of this committee should be
777
nonpartisan and work for the entire committee and not for individual members.
778
The other reforms we have suggested-for a National Counterterrorism Center and a
779
National Intelligence Director-will not work if congressional oversight does not
780
change too. Unity of effort in executive management can be lost if it is fractured
781
by divided congressional oversight.
782
783
Recommendation: Congressional oversight for intelligence-and
784
counterterrorism-is now dysfunctional. Congress should address this problem. We
785
have considered various alternatives: A joint committee on the old model of the
786
Joint Committee on Atomic Energy is one. A single committee in each house of
787
Congress, combining authorizing and appropriating authorities, is another.
788
789
790
The new committee or committees should conduct continuing studies of the
791
activities of the intelligence agencies and report problems relating to the
792
development and use of intelligence to all members of the House and Senate.
793
We have already recommended that the total level of funding for intelligence
794
be made public, and that the national intelligence program be appropriated to
795
the National Intelligence Director, not to the secretary of defense.
796
797
We also recommend that the intelligence committee should have a subcommittee
798
specifically dedicated to oversight, freed from the consuming responsibility of
799
working on the budget.
800
The resolution creating the new intelligence committee structure should grant
801
subpoena authority to the committee or committees. The majority party's
802
representation on this committee should never exceed the minority's
803
representation by more than one.
804
Four of the members appointed to this committee or committees should be a
805
member who also serves on each of the following additional committees: Armed
806
Services, Judiciary, Foreign Affairs, and the Defense Appropriations
807
subcommittee. In this way the other major congressional interests can be brought
808
together in the new committee's work.
809
Members should serve indefinitely on the intelligence committees, without set
810
terms, thereby letting them accumulate expertise.
811
The committees should be smaller-perhaps seven or nine members in each
812
house-so that each member feels a greater sense of responsibility, and
813
accountability, for the quality of the committee's work.
814
815
The leaders of the Department of Homeland Security now appear before 88 committees
816
and subcommittees of Congress. One expert witness (not a member of the
817
administration) told us that this is perhaps the single largest obstacle impeding
818
the department's successful development. The one attempt to consolidate such
819
committee authority, the House Select Committee on Homeland Security, may be
820
eliminated. The Senate does not have even this. Congress needs to establish for the
821
Department of Homeland Security the kind of clear authority and responsibility that
822
exist to enable the Justice Department to deal with crime and the Defense Department
823
to deal with threats to national security. Through not more than one authorizing
824
committee and one appropriating subcommittee in each house, Congress should be able
825
to ask the secretary of homeland security whether he or she has the resources to
826
provide reasonable security against major terrorist acts within the United States
827
and to hold the secretary accountable for the department's performance.
828
829
Recommendation: Congress should create a single, principal point of
830
oversight and review for homeland security. Congressional leaders are best able
831
to judge what committee should have jurisdiction over this department and its
832
duties. But we believe that Congress does have the obligation to choose one in
833
the House and one in the Senate, and that this committee should be a permanent
834
standing committee with a nonpartisan staff.
835
836
Improve the Transitions between Administrations
837
In chapter 6, we described the transition of 2000-2001. Beyond the policy issues we
838
described, the new administration did not have its deputy cabinet officers in place
839
until the spring of 2001, and the critical subcabinet officials were not confirmed
840
until the summer-if then. In other words, the new administration- like others before
841
it-did not have its team on the job until at least six months after it took office.
842
843
Recommendation: Since a catastrophic attack could occur with little
844
or no notice, we should minimize as much as possible the disruption of national
845
security policymaking during the change of administrations by accelerating the
846
process for national security appointments. We think the process could be
847
improved significantly so transitions can work more effectively and allow new
848
officials to assume their new responsibilities as quickly as possible.
849
850
851
Before the election, candidates should submit the names of selected members of
852
their prospective transition teams to the FBI so that, if necessary, those team
853
members can obtain security clearances immediately after the election is over.
854
A president-elect should submit lists of possible candidates for national
855
security positions to begin obtaining security clearances immediately after the
856
election, so that their background investigations can be complete before January
857
20.
858
A single federal agency should be responsible for providing and maintaining
859
security clearances, ensuring uniform standards-including uniform security
860
questionnaires and financial report requirements, and maintaining a single
861
database. This agency can also be responsible for administering polygraph tests
862
on behalf of organizations that require them.
863
A president-elect should submit the nominations of the entire new national
864
security team, through the level of under secretary of cabinet departments, not
865
later than January 20. The Senate, in return, should adopt special rules
866
requiring hearings and votes to confirm or reject national security nominees
867
within 30 days of their submission. The Senate should not require confirmation
868
of such executive appointees below Executive Level 3.
869
The outgoing administration should provide the president-elect, as soon as
870
possible after election day, with a classified, compartmented list that
871
catalogues specific, operational threats to national security; major military or
872
covert operations; and pending decisions on the possible use of force. Such a
873
document could provide both notice and a checklist, inviting a president-elect
874
to inquire and learn more.
875
876
ORGANIZING AMERICA'S DEFENSES IN THE UNITED STATES
877
The Future Role of the FBI
878
We have considered proposals for a new agency dedicated to intelligence collection in
879
the United States. Some call this a proposal for an "American MI- 5," although the
880
analogy is weak-the actual British Security Service is a relatively small worldwide
881
agency that combines duties assigned in the U.S. government to the Terrorist Threat
882
Integration Center, the CIA, the FBI, and the Department of Homeland Security.
883
The concern about the FBI is that it has long favored its criminal justice mission
884
over its national security mission. Part of the reason for this is the demand around
885
the country for FBI help on criminal matters. The FBI was criticized, rightly, for
886
the overzealous domestic intelligence investigations disclosed during the 1970s. The
887
pendulum swung away from those types of investigations during the 1980s and 1990s,
888
though the FBI maintained an active counterintelligence function and was the lead
889
agency for the investigation of foreign terrorist groups operating inside the United
890
States.
891
We do not recommend the creation of a new domestic intelligence agency. It is not
892
needed if our other recommendations are adopted-to establish a strong national
893
intelligence center, part of the NCTC, that will oversee counterterrorism
894
intelligence work, foreign and domestic, and to create a National Intelligence
895
Director who can set and enforce standards for the collection, processing, and
896
reporting of information.
897
Under the structures we recommend, the FBI's role is focused, but still vital. The
898
FBI does need to be able to direct its thousands of agents and other employees to
899
collect intelligence in America's cities and towns-interviewing informants,
900
conducting surveillance and searches, tracking individuals, working collaboratively
901
with local authorities, and doing so with meticulous attention to detail and
902
compliance with the law. The FBI's job in the streets of the United States would
903
thus be a domestic equivalent, operating under the U.S. Constitution and quite
904
different laws and rules, to the job of the CIA's operations officers abroad.
905
Creating a new domestic intelligence agency has other drawbacks.
906
907
The FBI is accustomed to carrying out sensitive intelligence collection
908
operations in compliance with the law. If a new domestic intelligence agency
909
were outside of the Department of Justice, the process of legal oversight-never
910
easy-could become even more difficult. Abuses of civil liberties could create a
911
backlash that would impair the collection of needed intelligence.
912
Creating a new domestic intelligence agency would divert attention of the
913
officials most responsible for current counterterrorism efforts while the threat
914
remains high. Putting a new player into the mix of federal agencies with
915
counterterrorism responsibilities would exacerbate existing information-sharing
916
problems.
917
A new domestic intelligence agency would need to acquire assets and personnel.
918
The FBI already has 28,000 employees; 56 field offices, 400 satellite offices,
919
and 47 legal attach� offices; a laboratory, operations center, and training
920
facility; an existing network of informants, cooperating defendants, and other
921
sources; and relationships with state and local law enforcement, the CIA, and
922
foreign intelligence and law enforcement agencies.
923
Counterterrorism investigations in the United States very quickly become
924
matters that involve violations of criminal law and possible law enforcement
925
action. Because the FBI can have agents working criminal matters and agents
926
working intelligence investigations concerning the same international terrorism
927
target, the full range of investigative tools against a suspected terrorist can
928
be considered within one agency. The removal of "the wall" that existed before
929
9/11 between intelligence and law enforcement has opened up new opportunities
930
for cooperative action within the FBI.
931
Counterterrorism investigations often overlap or are cued by other criminal
932
investigations, such as money laundering or the smuggling of contraband. In the
933
field, the close connection to criminal work has many benefits.
934
935
Our recommendation to leave counterterrorism intelligence collection in the United
936
States with the FBI still depends on an assessment that the FBI-if it makes an
937
all-out effort to institutionalize change-can do the job. As we mentioned in chapter
938
3, we have been impressed by the determination that agents display in tracking down
939
details, patiently going the extra mile and working the extra month, to put facts in
940
the place of speculation. In our report we have shown how agents in Phoenix,
941
Minneapolis, and New York displayed initiative in pressing their investigations.
942
FBI agents and analysts in the field need to have sustained support and dedicated
943
resources to become stronger intelligence officers. They need to be rewarded for
944
acquiring informants and for gathering and disseminating information differently and
945
more broadly than usual in a traditional criminal invetigation. FBI employees need
946
to report and analyze what they have learned in ways the Bureau has never done
947
before.
948
Under Director Robert Mueller, the Bureau has made significant progress in improving
949
its intelligence capabilities. It now has an Office of Intelligence, overseen by the
950
top tier of FBI management. Field intelligence groups have been created in all field
951
offices to put FBI priorities and the emphasis on intelligence into practice.
952
Advances have been made in improving the Bureau's information technology systems and
953
in increasing connectivity and information sharing with intelligence community
954
agencies.
955
Director Mueller has also recognized that the FBI's reforms are far from complete. He
956
has outlined a number of areas where added measures may be necessary. Specifically,
957
he has recognized that the FBI needs to recruit from a broader pool of candidates,
958
that agents and analysts working on national security matters require specialized
959
training, and that agents should specialize within programs after obtaining a
960
generalist foundation. The FBI is developing career tracks for agents to specialize
961
in counterterrorism/counterintelligence, cyber crimes, criminal investigations, or
962
intelligence. It is establishing a program for certifying agents as intelligence
963
officers, a certification that will be a prerequisite for promotion to the senior
964
ranks of the Bureau. New training programs have been instituted for
965
intelligence-related subjects.
966
The Director of the FBI has proposed creating an Intelligence Directorate as a
967
further refinement of the FBI intelligence program. This directorate would include
968
units for intelligence planning and policy and for the direction of analysts and
969
linguists.
970
We want to ensure that the Bureau's shift to a preventive counterterrorism posture is
971
more fully institutionalized so that it survives beyond Director Mueller's tenure.
972
We have found that in the past the Bureau has announced its willingness to reform
973
and restructure itself to address transnational security threats, but has fallen
974
short-failing to effect the necessary institutional and cultural changes
975
organization-wide. We want to ensure that this does not happen again. Despite having
976
found acceptance of the Director's clear message that counterterrorism is now the
977
FBI's top priority, two years after 9/11 we also found gaps between some of the
978
announced reforms and the reality in the field. We are concerned that management in
979
the field offices still can allocate people and resources to local concerns that
980
diverge from the national security mission. This system could revert to a focus on
981
lower-priority criminal justice cases over national security requirements.
982
983
Recommendation: A specialized and integrated national security
984
workforce should be established at the FBI consisting of agents, analysts,
985
linguists, and surveillance specialists who are recruited, trained, rewarded,
986
and retained to ensure the development of an institutional culture imbued with a
987
deep expertise in intelligence and national security.
988
989
990
The president, by executive order or directive, should direct the FBI to
991
develop this intelligence cadre.
992
Recognizing that cross-fertilization between the criminal justice and national
993
security disciplines is vital to the success of both missions, all new agents
994
should receive basic training in both areas. Furthermore, new agents should
995
begin their careers with meaningful assignments in both areas.
996
Agents and analysts should then specialize in one of these disciplines and
997
have the option to work such matters for their entire career with the Bureau.
998
Certain advanced training courses and assignments to other intelligence agencies
999
should be required to advance within the national security discipline.
1000
In the interest of cross-fertilization, all senior FBI managers, including
1001
those working on law enforcement matters, should be certified intelligence
1002
officers.
1003
The FBI should fully implement a recruiting, hiring, and selection process for
1004
agents and analysts that enhances its ability to target and attract individuals
1005
with educational and professional backgrounds in intelligence, international
1006
relations, language, technology, and other relevant skills.
1007
The FBI should institute the integration of analysts, agents, linguists, and
1008
surveillance personnel in the field so that a dedicated team approach is brought
1009
to bear on national security intelligence operations.
1010
Each field office should have an official at the field office's deputy level
1011
for national security matters. This individual would have management oversight
1012
and ensure that the national priorities are carried out in the field.
1013
The FBI should align its budget structure according to its four main
1014
programs-intelligence, counterterrorism and counterintelligence, criminal, and
1015
criminal justice services-to ensure better transparency on program costs,
1016
management of resources, and protection of the intelligence program.
1017
1018
The FBI should report regularly to Congress in its semiannual program reviews
1019
designed to identify whether each field office is appropriately addressing FBI
1020
and national program priorities.
1021
The FBI should report regularly to Congress in detail on the qualifications,
1022
status, and roles of analysts in the field and at headquarters. Congress should
1023
ensure that analysts are afforded training and career opportunities on a par
1024
with those offered analysts in other intelligence community agencies.
1025
The Congress should make sure funding is available to accelerate the expansion
1026
of secure facilities in FBI field offices so as to increase their ability to use
1027
secure email systems and classified intelligence product exchanges. The Congress
1028
should monitor whether the FBI's information-sharing principles are implemented
1029
in practice.
1030
1031
The FBI is just a small fraction of the national law enforcement community in the
1032
United States, a community comprised mainly of state and local agencies. The network
1033
designed for sharing information, and the work of the FBI through local Joint
1034
Terrorism Task Forces, should build a reciprocal relationship, in which state and
1035
local agents understand what information they are looking for and, in return,
1036
receive some of the information being developed about what is happening, or may
1037
happen, in their communities. In this relationship, the Department of Homeland
1038
Security also will play an important part.
1039
The Homeland Security Act of 2002 gave the under secretary for information analysis
1040
and infrastructure protection broad responsibilities. In practice, this directorate
1041
has the job to map "terrorist threats to the homeland against our assessed
1042
vulnerabilities in order to drive our efforts to protect against terrorist
1043
threats." These capabilities are still embryonic. The
1044
directorate has not yet developed the capacity to perform one of its assigned jobs,
1045
which is to assimilate and analyze information from Homeland Security's own
1046
component agencies, such as the Coast Guard, Secret Service, Transportation Security
1047
Administration, Immigration and Customs Enforcement, and Customs and Border
1048
Protection. The secretary of homeland security must ensure that these components
1049
work with the Information Analysis and Infrastructure Protection Directorate so that
1050
this office can perform its mission.
1051
1052
Homeland Defense
1053
At several points in our inquiry, we asked, "Who is responsible for defending us at
1054
home?" Our national defense at home is the responsibility, first, of the Department
1055
of Defense and, second, of the Department of Homeland Security. They must have clear
1056
delineations of responsibility and authority.
1057
We found that NORAD, which had been given the responsibility for defending U.S.
1058
airspace, had construed that mission to focus on threats coming from outside
1059
America's borders. It did not adjust its focus even though the intelligence
1060
community had gathered intelligence on the possibility that terrorists might turn to
1061
hijacking and even use of planes as missiles. We have been assured that NORAD has
1062
now embraced the full mission. Northern Command has been established to assume
1063
responsibility for the defense of the domestic United States.
1064
1065
Recommendation: The Department of Defense and its oversight
1066
committees should regularly assess the adequacy of Northern Command's strategies
1067
and planning to defend the United States against military threats to the
1068
homeland.
1069
1070
The Department of Homeland Security was established to consolidate all of the
1071
domestic agencies responsible for securing America's borders and national
1072
infrastructure, most of which is in private hands. It should identify those elements
1073
of our transportation, energy, communications, financial, and other institutions
1074
that need to be protected, develop plans to protect that infrastructure, and
1075
exercise the mechanisms to enhance preparedness. This means going well beyond the
1076
preexisting jobs of the agencies that have been brought together inside the
1077
department.
1078
1079
Recommendation: The Department of Homeland Security and its
1080
oversight committees should regularly assess the types of threats the country
1081
faces to determine (a) the adequacy of the government's plans-and the progress
1082
against those plans-to protect America's critical infrastructure and (b) the
1083
readiness of the government to respond to the threats that the United States
1084
might face.
1085
1086
We look forward to a national debate on the merits of what we have recommended, and
1087
we will participate vigorously in that debate.
1088
1089
1090
1091