HOW TO DO
IT? A DIFFERENT WAY OF ORGANIZING THE GOVERNMENT
As pre se ntly configure
d, the national security institutions of the U.S. government are still
the institutions constructed to win the Cold War. The United States
confronts a very different world today. Instead of facing a few very
dangerous adversaries, the United States confronts a number of less
visi- ble challenges that surpass the boundaries of traditional
nation-states and call for quick, imaginative, and agile responses.
The men and women of theWorldWar II generation rose to the challenges of
the 1940s and 1950s.They restructured the government so that it could
protect the country. That is now the job of the generation that
experienced 9/11. Those attacks showed, emphatically, that ways of doing
business rooted in a dif- ferent era are just not good enough. Americans
should not settle for incremen- tal, ad hoc adjustments to a system
designed generations ago for a world that no longer exists.
We recommend significant changes in the organization of the government.
We know that the quality of the people is more important than the
quality of the wiring diagrams. Some of the saddest aspects of the 9/11
story are the out- standing efforts of so many individual officials
straining, often without success, against the boundaries of the
possible. Good people can overcome bad struc- tures.They should not have
to.
The United States has the resources and the people.The government should
combine them more effectively, achieving unity of effort.We offer five
major
recommendations to do that:
o unifying strategic
intelligence and operational planning against
Islamist terrorists across the foreign-domestic divide with a National
Counterterrorism Center;
o unifying the intelligence community with a new National Intelli-
gence Director;
399
400 THE 9/11 COMMISSION
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o unifying the many
participants in the counterterrorism effort and
their knowledge in a network-based information-sharing system that
transcends traditional governmental boundaries;
o unifying and strengthening congressional oversight to improve qual-
ity and accountability; and
o strengthening the FBI and homeland defenders.
13.1 UNITY OF EFFORT
ACROSS THE
FOREIGN-DOMESTIC DIVIDE
Joint Action
Much of the public commentary about the 9/11 attacks has dealt with
"lost opportunities," some of which we reviewed in chapter 11.These are
often char- acterized as problems of "watchlisting," of "information
sharing," or of "con- necting the dots." In chapter 11 we explained that
these labels are too narrow. They describe the symptoms, not the
disease.
In each of our examples, no one was firmly in charge of managing the
case and able to draw relevant intelligence from anywhere in the
government, assign responsibilities across the agencies (foreign or
domestic), track progress, and quickly bring obstacles up to the level
where they could be resolved. Respon- sibility and accountability were
diffuse.
The agencies cooperated, some of the time. But even such cooperation as
there was is not the same thing as joint action.When agencies cooperate,
one defines the problem and seeks help with it.When they act jointly,
the problem and options for action are defined differently from the
start. Individuals from different backgrounds come together in analyzing
a case and planning how to manage it.
In our hearings we regularly asked witnesses:Who is the quarterback? The
other players are in their positions, doing their jobs. But who is
calling the play
that assigns roles to help them execute as a team?
Since 9/11, those issues have not been resolved. In some ways joint work
has gotten better, and in some ways worse.The effort of fighting
terrorism has flooded over many of the usual agency boundaries because
of its sheer quan- tity and energy. Attitudes have changed. Officials
are keenly conscious of try- ing to avoid the mistakes of 9/11. They try
to share information. They circulate-even to the President-practically
every reported threat, however dubious.
Partly because of all this effort, the challenge of coordinating it has
multi- plied. Before 9/11, the CIA was plainly the lead agency
confronting al Qaeda. The FBI played a very secondary role.The
engagement of the departments of Defense and State was more episodic.
HOW TO DO IT? 401
o Today the CIA is still
central. But the FBI is much more active, along
with other parts of the Justice Department.
o The Defense Department effort is now enormous.Three of its uni-
fied commands, each headed by a four-star general, have counterter-
rorism as a primary mission: Special Operations Command, Central Command
(both headquartered in Florida), and Northern Command (headquartered in
Colorado).
o A new Department of Homeland Security combines formidable
resources in border and transportation security, along with analysis of
domestic vulnerability and other tasks.
o The State Department has the lead on many of the foreign policy tasks
we described in chapter 12.
o At the White House, the National Security Council (NSC) now is
joined by a parallel presidential advisory structure, the Homeland
Security Council.
So far we have mentioned
two reasons for joint action-the virtue of joint planning and the
advantage of having someone in charge to ensure a unified effort.There
is a third: the simple shortage of experts with sufficient skills.The
limited pool of critical experts-for example, skilled counterterrorism
analysts and linguists-is being depleted. Expanding these capabilities
will require not just money, but time.
Primary responsibility for terrorism analysis has been assigned to the
Ter- rorist Threat Integration Center (TTIC), created in 2003, based at
the CIA headquarters but staffed with representatives of many agencies,
reporting directly to the Director of Central Intelligence.Yet the CIA
houses another intelligence "fusion" center: the Counterterrorist Center
that played such a key role before 9/11.A third major analytic unit is
at Defense, in the Defense Intelligence Agency. A fourth, concentrating
more on homeland vulnerabili- ties, is at the Department of Homeland
Security.The FBI is in the process of building the analytic capability
it has long lacked, and it also has the Terrorist
Screening Center.1
The U.S. government cannot afford so much duplication of effort.There
are not enough experienced experts to go around.The duplication also
places extra demands on already hard-pressed single-source national
technical intelligence collectors like the National Security Agency.
Combining Joint
Intelligence and Joint Action
A"smart"government would integrate all sources of information to see the
enemy as a whole. Integrated all-source analysis should also inform and
shape strategies to collect more intelligence.Yet the Terrorist Threat
Integration Center, while it has primary responsibility for terrorism
analysis, is formally proscribed from hav-
402 THE 9/11 COMMISSION
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ing any oversight or
operational authority and is not part of any operational
entity, other than reporting to the director of central intelligence.2
The government now tries to handle the problem of joint management,
informed by analysis of intelligence from all sources, in two ways.
o First, agencies with
lead responsibility for certain problems have con-
structed their own interagency entities and task forces in order to get
cooperation. The Counterterrorist Center at CIA, for example, recruits
liaison officers from throughout the intelligence community. The
military's Central Command has its own interagency center, recruiting
liaison officers from all the agencies from which it might need help.The
FBI has Joint Terrorism Task Forces in 84 locations to coordinate the
activities of other agencies when action may be required.
o Second, the problem of joint operational planning is often passed to
the White House, where the NSC staff tries to play this role. The
national security staff at theWhite House (both NSC and new Home- land
Security Council staff) has already become 50 percent larger since 9/11.
But our impression, after talking to serving officials, is that even
this enlarged staff is consumed by meetings on day-to-day issues, sift-
ing each day's threat information and trying to coordinate everyday
operations.
Even as it crowds into
every square inch of available office space, the NSC staff is still not
sized or funded to be an executive agency. In chapter 3 we described
some of the problems that arose in the 1980s when a White House staff,
constitutionally insulated from the usual mechanisms of oversight,
became involved in direct operations. During the 1990s Richard Clarke
occa- sionally tried to exercise such authority, sometimes successfully,
but often caus- ing friction.
Yet a subtler and more serious danger is that as the NSC staff is
consumed by these day-to-day tasks, it has less capacity to find the
time and detachment needed to advise a president on larger policy
issues. That means less time to work on major new initiatives, help with
legislative management to steer needed bills through Congress, and track
the design and implementation of the strategic plans for regions,
countries, and issues that we discuss in chapter 12.
Much of the job of operational coordination remains with the agencies,
especially the CIA.There DCI Tenet and his chief aides ran interagency
meet- ings nearly every day to coordinate much of the government's
day-to-day work.The DCI insisted he did not make policy and only oversaw
its imple- mentation. In the struggle against terrorism these
distinctions seem increasingly artificial. Also, as the DCI becomes a
lead coordinator of the government's
HOW TO DO IT? 403
operations, it becomes
harder to play all the position's other roles, including that of analyst
in chief.
The problem is nearly intractable because of the way the government is
cur- rently structured. Lines of operational authority run to the
expanding execu- tive departments, and they are guarded for
understandable reasons: the DCI commands the CIA's personnel overseas;
the secretary of defense will not yield to others in conveying commands
to military forces; the Justice Department will not give up the
responsibility of deciding whether to seek arrest warrants. But the
result is that each agency or department needs its own intelligence
apparatus to support the performance of its duties. It is hard to "break
down stovepipes" when there are so many stoves that are legally and
politically enti- tled to have cast-iron pipes of their own.
Recalling the Goldwater-Nichols legislation of 1986, Secretary Rumsfeld
reminded us that to achieve better joint capability, each of the armed
services had to "give up some of their turf and authorities and
prerogatives."Today, he said, the executive branch is "stove-piped much
like the four services were nearly 20 years ago." He wondered if it
might be appropriate to ask agencies to "give up some of their existing
turf and authority in exchange for a stronger, faster, more efficient
government wide joint effort."3 Privately, other key offi- cials have
made the same point to us.
We therefore propose a new institution: a civilian-led unified joint
com- mand for counterterrorism. It should combine strategic intelligence
and joint operational planning.
In the Pentagon's Joint Staff, which serves the chairman of the Joint
Chiefs of Staff, intelligence is handled by the J-2 directorate,
operational planning by J-3, and overall policy by J-5. Our concept
combines the J-2 and J-3 functions (intelligence and operational
planning) in one agency, keeping overall policy coordination where it
belongs, in the National Security Council.
Recommendation: We
recommend the establishment of a National Counterterrorism Center
(NCTC), built on the foundation of the existing Terrorist Threat
Integration Center (TTIC). Breaking the older mold of national
government organization, this NCTC should be a center for joint
operational planning and joint intelligence, staffed by personnel from
the various agencies. The head of the NCTC should have authority to
evaluate the performance of the people assigned to the Center.
o Such a joint center
should be developed in the same spirit that guided
the military's creation of unified joint commands, or the shaping of
earlier national agencies like the National Reconnaissance Office, which
was formed to organize the work of the CIA and several defense agencies
in space.
404
THE 9/11 COMMISSION
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NCTC-Intelligence. The
NCTC should lead strategic analysis, pooling all-source intelligence,
foreign and domestic, about transna- tional terrorist organizations with
global reach. It should develop net assessments (comparing enemy
capabilities and intentions against U.S. defenses and countermeasures).
It should also provide warning. It should do this work by drawing on the
efforts of the CIA, FBI, Homeland Security, and other departments and
agencies. It should task collection requirements both inside and outside
the United States.
o The intelligence
function (J-2) should build on the existing TTIC
structure and remain distinct, as a national intelligence center, within
the NCTC. As the government's principal knowledge bank on Islamist
terrorism,with the main responsibility for strategic analysis and net
assessment, it should absorb a significant portion of the analytical
talent now residing in the CIA's Counterterrorist Center and the DIA's
Joint Intelligence Task Force-Combatting Terrorism (JITF-CT).
NCTC-Operations. The NCTC should perform joint planning.
The plans would assign operational responsibilities to lead agencies,
such as State, the CIA, the FBI, Defense and its combatant commands,
Homeland Security, and other agencies.The NCTC should not direct the
actual execution of these operations, leaving that job to the agen-
cies. The NCTC would then track implementation; it would look across the
foreign-domestic divide and across agency boundaries,
updating plans to follow through on cases.4
o The joint operational planning function (J-3) will be new to theTTIC
structure.The NCTC can draw on analogous work now being done in the CIA
and every other involved department of the government, as well as
reaching out to knowledgeable officials in state and local agencies
throughout the United States.
o The NCTC should not be a policymaking body. Its operations and
planning should follow the policy direction of the president and the
National Security Council.
Consider this
hypothetical case.The NSA discovers that a suspected ter- rorist is
traveling to Bangkok and Kuala Lumpur. The NCTC should draw on joint
intelligence resources, including its own NSA counter- terrorism
experts, to analyze the identities and possible destinations of
HOW TO DO IT? 405
these individuals.
Informed by this analysis, the NCTC would then organize and plan the
management of the case, drawing on the talents and differing kinds of
experience among the several agency represen- tatives assigned to
it-assigning tasks to the CIA overseas, to Homeland Security watching
entry points into the United States, and to the FBI. If military
assistance might be needed, the Special Operations Com- mand could be
asked to develop an appropriate concept for such an operation.The NCTC
would be accountable for tracking the progress of the case, ensuring
that the plan evolved with it, and integrating the information into a
warning.The NCTC would be responsible for being sure that intelligence
gathered from the activities in the field became part of the
government's institutional memory about Islamist terrorist
personalities, organizations, and possible means of attack.
In each case the involved agency would make its own senior man- agers
aware of what it was being asked to do. If those agency heads objected,
and the issue could not easily be resolved, then the disagree- ment
about roles and missions could be brought before the National Security
Council and the president.
NCTC-Authorities. The
head of the NCTC should be appointed by the
president, and should be equivalent in rank to a deputy head of a
cabinet department.The head of the NCTC would report to the national
intelligence director, an office whose creation we recommend below,
placed in the Exec- utive Office of the President.The head of the NCTC
would thus also report indirectly to the president.This official's
nomination should be confirmed by the Senate and he or she should
testify to the Congress, as is the case now with other statutory
presidential offices, like the U.S. trade representative.
o To avoid the fate of
other entities with great nominal authority and
little real power, the head of the NCTC must have the right to con- cur
in the choices of personnel to lead the operating entities of the
departments and agencies focused on counterterrorism, specifically
including the head of the Counterterrorist Center, the head of the FBI's
Counterterrorism Division, the commanders of the Defense Department's
Special Operations Command and Northern Com- mand, and the State
Department's coordinator for counterterrorism.5 The head of the NCTC
should also work with the director of the Office of Management and
Budget in developing the president's counterterrorism budget.
406 THE 9/11 COMMISSION
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o There are precedents
for surrendering authority for joint planning
while preserving an agency's operational control. In the international
context, NATO commanders may get line authority over forces assigned by
other nations. In U.S. unified commands, commanders plan operations that
may involve units belonging to one of the serv- ices. In each case,
procedures are worked out, formal and informal, to define the limits of
the joint commander's authority.
The most serious
disadvantage of the NCTC is the reverse of its greatest virtue. The
struggle against Islamist terrorism is so important that any clear-cut
cen- tralization of authority to manage and be accountable for it may
concentrate too much power in one place. The proposed NCTC would be
given the authority of planning the activities of other agencies. Law or
executive order must define the scope of such line authority.
The NCTC would not eliminate interagency policy disputes.These would
still go to the National Security Council.To improve coordination at
theWhite House, we believe the existing Homeland Security Council should
soon be merged into a single National Security Council.The creation of
the NCTC should help the NSC staff concentrate on its core duties of
assisting the pres- ident and supporting interdepartmental policymaking.
We recognize that this is a new and difficult idea precisely because the
authorities we recommend for the NCTC really would, as Secretary Rums-
feld foresaw, ask strong agencies to "give up some of their turf and
authority in exchange for a stronger, faster, more efficient government
wide joint effort." Countering transnational Islamist terrorism will
test whether the U.S. govern- ment can fashion more flexible models of
management needed to deal with the twenty-first-century world.
An argument against change is that the nation is at war, and cannot
afford to reorganize in midstream. But some of the main innovations of
the 1940s and 1950s, including the creation of the Joint Chiefs of Staff
and even the construc- tion of the Pentagon itself, were undertaken in
the midst of war. Surely the country cannot wait until the struggle
against Islamist terrorism is over.
"Surprise, when it happens to a government, is likely to be a
complicated, diffuse, bureaucratic thing. It includes neglect of
responsibility, but also respon- sibility so poorly defined or so
ambiguously delegated that action gets lost."6 That comment was made
more than 40 years ago, about Pearl Harbor.We hope another commission,
writing in the future about another attack, does not again find this
quotation to be so apt.
HOW TO DO IT? 407
13.2 UNITY OF EFFORT IN
THE
INTELLIGENCE COMMUNITY
In our first section, we
concentrated on counterterrorism, discussing how to combine the analysis
of information from all sources of intelligence with the joint planning
of operations that draw on that analysis. In this section, we step back
from looking just at the counterterrorism problem. We reflect on whether
the government is organized adequately to direct resources and build the
intelligence capabilities it will need not just for countering
terrorism, but for the broader range of national security challenges in
the decades ahead.
The Need for a Change
During the Cold War, intelligence agencies did not depend on seamless
inte- gration to track and count the thousands of military targets-such
as tanks and missiles-fielded by the Soviet Union and other adversary
states. Each agency concentrated on its specialized mission, acquiring
its own information and then sharing it via formal, finished reports.The
Department of Defense had given birth to and dominated the main agencies
for technical collection of intelli- gence. Resources were shifted at an
incremental pace, coping with challenges that arose over years, even
decades.
We summarized the resulting organization of the intelligence community
in chapter 3. It is outlined below.
Members of the U.S.
Intelligence Community
Office of the Director of Central Intelligence, which includes the
Office of the Deputy Director of Central Intelligence for Community Man-
agement, the Community Management Staff, theTerrorismThreat Inte-
gration Center, the National Intelligence Council, and other
community offices
The Central Intelligence
Agency (CIA), which performs human source
collection, all-source analysis, and advanced science and technology
National intelligence
agencies:
o National Security Agency (NSA), which performs signals
collection and analysis
o National Geospatial-Intelligence Agency (NGA), which
performs imagery collection and analysis
408 THE 9/11 COMMISSION
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o National Reconnaissance
Office (NRO), which develops,
acquires,and launches space systems for intelligence collection
o Other national reconnaissance programs
Departmental intelligence
agencies:
o Defense Intelligence Agency (DIA) of the Department of
Defense
o Intelligence entities of the Army, Navy, Air Force, and
Marines
o Bureau of Intelligence and Research (INR) of the Depart-
ment of State
o Office of Terrorism and Finance Intelligence of the Depart-
ment of Treasury
o Office of Intelligence and the Counterterrorism and Coun-
terintelligence Divisions of the Federal Bureau of Investiga-
tion of the Department of Justice
o Office of Intelligence of the Department of Energy
o Directorate of Information Analysis and Infrastructure Pro-
tection (IAIP) and Directorate of Coast Guard Intelligence
of the Department of Homeland Security
The need to restructure
the intelligence community grows out of six prob-
lems that have become apparent before and after 9/11:
o Structural barriers to
performing joint intelligence work. National intelli-
gence is still organized around the collection disciplines of the home
agencies, not the joint mission. The importance of integrated, all-
source analysis cannot be overstated.Without it, it is not possible to
"connect the dots." No one component holds all the relevant infor-
mation.
By contrast, in organizing national defense, the Goldwater- Nichols
legislation of 1986 created joint commands for operations in the field,
the Unified Command Plan.The services-the Army, Navy, Air Force, and
Marine Corps-organize, train, and equip their peo- ple and units to
perform their missions. Then they assign personnel and units to the
joint combatant commander, like the commanding general of the Central
Command (CENTCOM). The Goldwater- Nichols Act required officers to serve
tours outside their service in order to win promotion.The culture of the
Defense Department was
HOW TO DO IT? 409
transformed, its
collective mind-set moved from service-specific to
"joint," and its operations became more integrated.7
o Lack of common standards and practices across the foreign-domestic
divide.The
leadership of the intelligence community should be able to pool infor-
mation gathered overseas with information gathered in the United States,
holding the work-wherever it is done-to a common stan- dard of quality
in how it is collected, processed (e.g., translated), reported, shared,
and analyzed. A common set of personnel standards for intelligence can
create a group of professionals better able to oper- ate in joint
activities,transcending their own service-specific mind-sets.
o Divided management of national intelligence capabilities. While the
CIA
was once "central" to our national intelligence capabilities, following
the end of the Cold War it has been less able to influence the use of
the nation's imagery and signals intelligence capabilities in three
national agencies housed within the Department of Defense: the National
Security Agency, the National Geospatial-Intelligence Agency, and the
National Reconnaissance Office. One of the lessons learned from the 1991
Gulf War was the value of national intelligence systems (satellites in
particular) in precision warfare. Since that war, the department has
appropriately drawn these agencies into its trans- formation of the
military. Helping to orchestrate this transformation is the under
secretary of defense for intelligence, a position established by
Congress after 9/11. An unintended consequence of these devel- opments
has been the far greater demand made by Defense on tech- nical systems,
leaving the DCI less able to influence how these technical resources are
allocated and used.
o Weak capacity to set priorities and move resources.The agencies are
mainly
organized around what they collect or the way they collect it. But the
priorities for collection are national. As the DCI makes hard choices
about moving resources, he or she must have the power to reach across
agencies and reallocate effort.
o Too many jobs.The DCI now has at least three jobs. He is expected to
run a particular agency, the CIA. He is expected to manage the loose
confederation of agencies that is the intelligence community. He is
expected to be the analyst in chief for the government, sifting evi-
dence and directly briefing the President as his principal intelligence
adviser. No recent DCI has been able to do all three effectively. Usu-
ally what loses out is management of the intelligence community, a
difficult task even in the best case because the DCI's current author-
ities are weak.With so much to do, the DCI often has not used even the
authority he has.
410 THE 9/11 COMMISSION
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o Too complex and secret.
Over the decades, the agencies and the rules sur-
rounding the intelligence community have accumulated to a depth that
practically defies public comprehension.There are now 15 agen- cies or
parts of agencies in the intelligence community.The commu- nity and the
DCI's authorities have become arcane matters, understood only by
initiates after long study. Even the most basic information about how
much money is actually allocated to or within the intelligence community
and most of its key components is shrouded from public view.
The current DCI is
responsible for community performance but lacks the three authorities
critical for any agency head or chief executive officer: (1) control
over purse strings, (2) the ability to hire or fire senior managers, and
(3) the
ability to set standards for the information infrastructure and
personnel.8
The only budget power of the DCI over agencies other than the CIA lies
in coordinating the budget requests of the various intelligence agencies
into a single program for submission to Congress.The overall funding
request of the 15 intelligence entities in this program is then
presented to the president and Congress in 15 separate volumes.
When Congress passes an appropriations bill to allocate money to
intelli- gence agencies, most of their funding is hidden in the Defense
Department in order to keep intelligence spending secret.Therefore,
although the House and Senate Intelligence committees are the
authorizing committees for funding of the intelligence community, the
final budget review is handled in the Defense Subcommittee of the
Appropriations committees.Those committees have no subcommittees just
for intelligence, and only a few members and staff review the requests.
The appropriations for the CIA and the national intelligence agencies-
NSA, NGA, and NRO-are then given to the secretary of defense.The sec-
retary transfers the CIA's money to the DCI but disburses the national
agencies' money directly. Money for the FBI's national security
components falls within the appropriations for Commerce, Justice, and
State and goes to the
attorney general.9
In addition,the DCI lacks hire-and-fire authority over most of the
intelligence community's senior managers. For the national intelligence
agencies housed in the Defense Department, the secretary of defense must
seek the DCI's concur- rence regarding the nomination of these
directors, who are presidentially appointed.But the secretary may submit
recommendations to the president with- out receiving this
concurrence.The DCI cannot fire these officials.The DCI has even less
influence over the head of the FBI's national security component, who
is appointed by the attorney general in consultation with the DCI.10
HOW TO DO IT? 411
Combining Joint Work with
Stronger Management
We have received recommendations on the topic of intelligence reform
from many sources. Other commissions have been over this same
ground.Thought- ful bills have been introduced, most recently a bill by
the chairman of the House Intelligence Committee Porter Goss (R-Fla.),
and another by the rank- ing minority member, Jane Harman (D-Calif.). In
the Senate, Senators Bob Graham (D-Fla.) and Dianne Feinstein (D-Calif.)
have introduced reform pro- posals as well. Past efforts have foundered,
because the president did not sup- port them; because the DCI, the
secretary of defense, or both opposed them; and because some proposals
lacked merit.We have tried to take stock of these experiences, and
borrow from strong elements in many of the ideas that have already been
developed by others.
Recommendation:The
current position of Director of Central Intel- ligence should be
replaced by a National Intelligence Director with two main areas of
responsibility: (1) to oversee national intelligence centers on specific
subjects of interest across the U.S. government and (2) to manage the
national intelligence program and oversee the agencies that contribute
to it.
First, the National
Intelligence Director should oversee national intelligence centers to
provide all-source analysis and plan intelligence operations for the
whole government on major problems.
o One such problem is
counterterrorism. In this case, we believe that
the center should be the intelligence entity (formerly TTIC) inside the
National Counterterrorism Center we have proposed. It would sit there
alongside the operations management unit we described ear- lier, with
both making up the NCTC, in the Executive Office of the President. Other
national intelligence centers-for instance, on counterproliferation,
crime and narcotics, and China-would be
housed in whatever department or agency is best suited for them.
o The National Intelligence Director would retain the present DCI's
role as the principal intelligence adviser to the president.We hope the
president will come to look directly to the directors of the national
intelligence centers to provide all-source analysis in their areas of
responsibility, balancing the advice of these intelligence chiefs
against the contrasting viewpoints that may be offered by department
heads
at State, Defense, Homeland Security, Justice, and other agencies.
412 THE 9/11 COMMISSION
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Second, the National
Intelligence Director should manage the national intelligence program
and oversee the component agencies of the intelligence
community. (See diagram.)11
o The National Intelligence Director would submit a unified budget for
national intelligence that reflects priorities chosen by the National
Security Council, an appropriate balance among the varieties of tech-
nical and human intelligence collection, and analysis. He or she would
receive an appropriation for national intelligence and apportion the
funds to the appropriate agencies, in line with that budget, and with
authority to reprogram funds among the national intelligence agen- cies
to meet any new priority (as counterterrorism was in the 1990s). The
National Intelligence Director should approve and submit nom- inations
to the president of the individuals who would lead the CIA, DIA, FBI
Intelligence Office, NSA, NGA, NRO, Information Analy- sis and
Infrastructure Protection Directorate of the Department of
Homeland Security, and other national intelligence capabilities.12
o The National Intelligence Director would manage this national effort
with the help of three deputies, each of whom would also hold a key
position in one of the component agencies.13
o foreign intelligence (the head of the CIA)
o defense intelligence (the under secretary of defense for intelli-
gence)14
o homeland intelligence (the FBI's executive assistant director for
intelligence or the under secretary of homeland security for
information analysis and infrastructure protection)
Other agencies in the intelligence community would coordinate their work
within each of these three areas, largely staying housed in the same
departments or agencies that support them now.
Returning to the analogy of the Defense Department's organiza- tion,
these three deputies-like the leaders of the Army, Navy, Air Force, or
Marines-would have the job of acquiring the systems, training the
people, and executing the operations planned by the national
intelligence centers.
And, just as the combatant commanders also report to the secre- tary of
defense, the directors of the national intelligence centers-e.g., for
counterproliferation, crime and narcotics, and the rest-also would
report to the National Intelligence Director.
o The Defense Department's military intelligence programs-the joint
military intelligence program (JMIP) and the tactical intelligence and
related activities program (TIARA)-would remain part of that
department's responsibility.
414 THE 9/11 COMMISSION REPORT
o The National
Intelligence Director would set personnel policies to
establish standards for education and training and facilitate
assignments at the national intelligence centers and across agency
lines. The National Intelligence Director also would set information
sharing and information technology policies to maximize data sharing, as
well as policies to protect the security of information.
o Too many agencies now have an opportunity to say no to change.The
National Intelligence Director should participate in an NSC execu- tive
committee that can resolve differences in priorities among the agencies
and bring the major disputes to the president for decision.
The National Intelligence
Director should be located in the Executive Office of the President.
This official, who would be confirmed by the Senate and would testify
before Congress, would have a relatively small staff of several hun-
dred people, taking the place of the existing community management
offices housed at the CIA.
In managing the whole community,the National Intelligence Director is
still providing a service function.With the partial exception of his or
her responsi- bilities for overseeing the NCTC, the National
Intelligence Director should support the consumers of national
intelligence-the president and policymak- ing advisers such as the
secretaries of state, defense, and homeland security and the attorney
general.
We are wary of too easily equating government management problems with
those of the private sector. But we have noticed that some very large
private firms rely on a powerful CEO who has significant control over
how money is spent and can hire or fire leaders of the major divisions,
assisted by a relatively modest staff,while leaving responsibility for
execution in the operating divisions.
There are disadvantages to separating the position of National
Intelligence Director from the job of heading the CIA. For example, the
National Intelli- gence Director will not head a major agency of his or
her own and may have a weaker base of support. But we believe that these
disadvantages are out-
weighed by several other considerations:
o The National
Intelligence Director must be able to directly oversee intel-
ligence collection inside the United States.Yet law and custom has coun-
seled against giving such a plain domestic role to the head of the CIA.
o The CIA will be one among several claimants for funds in setting
national priorities.The National Intelligence Director should not be
both one of the advocates and the judge of them all.
o Covert operations tend to be highly tactical, requiring close
attention.
The National Intelligence Director should rely on the relevant joint
HOW TO DO IT? 415
mission center to oversee
these details, helping to coordinate closely with theWhite House.The CIA
will be able to concentrate on build- ing the capabilities to carry out
such operations and on providing the personnel who will be directing and
executing such operations in the field.
o Rebuilding the analytic and human intelligence collection capabili-
ties of the CIA should be a full-time effort, and the director of the
CIA should focus on extending its comparative advantages.
Recommendation: The CIA
Director should emphasize (a) rebuild- ing the CIA's analytic
capabilities; (b) transforming the clandestine service by building its
human intelligence capabilities; (c) developing a stronger language
program, with high standards and sufficient financial incentives; (d)
renewing emphasis on recruiting diversity among operations officers so
they can blend more easily in foreign cities; (e) ensuring a seamless
relationship between human source col- lection and signals collection at
the operational level; and (f) stress- ing a better balance between
unilateral and liaison operations.
The CIA should retain
responsibility for the direction and execution of clan- destine and
covert operations, as assigned by the relevant national intelligence
center and authorized by the National Intelligence Director and the
president. This would include propaganda, renditions, and nonmilitary
disruption. We
believe, however, that one important area of responsibility should
change.
Recommendation: Lead
responsibility for directing and executing paramilitary operations,
whether clandestine or covert, should shift to the Defense
Department.There it should be consolidated with the capabilities for
training, direction, and execution of such operations already being
developed in the Special Operations Command.
o Before 9/11, the CIA
did not invest in developing a robust capability
to conduct paramilitary operations with U.S. personnel. It relied on
proxies instead, organized by CIA operatives without the requisite
military training.The results were unsatisfactory.
o Whether the price is measured in either money or people, the United
States cannot afford to build two separate capabilities for carrying out
secret military operations, secretly operating standoff missiles, and
secretly training foreign military or paramilitary forces. The United
States should concentrate responsibility and necessary legal authori-
ties in one entity.
416 THE 9/11 COMMISSION
REPORT
o The post-9/11
Afghanistan precedent of using joint CIA-military
teams for covert and clandestine operations was a good one. We believe
this proposal to be consistent with it. Each agency would con- centrate
on its comparative advantages in building capabilities for joint
missions.The operation itself would be planned in common.
o The CIA has a reputation for agility in operations.The military has a
reputation for being methodical and cumbersome.We do not know if these
stereotypes match current reality; they may also be one more symptom of
the civil-military misunderstandings we described in chapter 4. It is a
problem to be resolved in policy guidance and agency management, not in
the creation of redundant, overlapping capabili- ties and authorities in
such sensitive work.The CIA's experts should be integrated into the
military's training, exercises, and planning. To quote a CIA official
now serving in the field:"One fight, one team."
Recommendation: Finally,
to combat the secrecy and complexity we have described, the overall
amounts of money being appropriated for national intelligence and to its
component agencies should no longer be kept secret. Congress should pass
a separate appropriations act for intelligence, defending the broad
allocation of how these tens of bil- lions of dollars have been assigned
among the varieties of intelligence work.
The specifics of the
intelligence appropriation would remain classified, as they are today.
Opponents of declassification argue that America's enemies could learn
about intelligence capabilities by tracking the top-line appropria-
tions figure.Yet the top-line figure by itself provides little insight
into U.S. intel- ligence sources and methods. The U.S. government
readily provides copious information about spending on its military
forces, including military intelli- gence.The intelligence community
should not be subject to that much disclo- sure. But when even aggregate
categorical numbers remain hidden, it is hard to judge priorities and
foster accountability.
13.3 UNITY OF EFFORT IN
SHARING INFORMATION
Information Sharing
We have already stressed the importance of intelligence analysis that
can draw on all relevant sources of information. The biggest impediment
to all-source analysis-to a greater likelihood of connecting the dots-is
the human or sys- temic resistance to sharing information.
The U.S. government has access to a vast amount of information. When
databases not usually thought of as "intelligence," such as customs or
immigra-
HOW TO DO IT? 417
tion information, are
included, the storehouse is immense. But the U.S. gov- ernment has a
weak system for processing and using what it has. In interviews around
the government, official after official urged us to call attention to
frus- trations with the unglamorous "back office" side of government
operations.
In the 9/11 story, for example, we sometimes see examples of information
that could be accessed-like the undistributed NSA information that would
have helped identify Nawaf al Hazmi in January 2000. But someone had to
ask for it. In that case, no one did. Or, as in the episodes we describe
in chapter 8, the information is distributed, but in a compartmented
channel. Or the infor- mation is available, and someone does ask, but it
cannot be shared.
What all these stories have in common is a system that requires a demon-
strated "need to know" before sharing.This approach assumes it is
possible to know, in advance, who will need to use the information. Such
a system implic- itly assumes that the risk of inadvertent disclosure
outweighs the benefits of wider sharing.Those ColdWar assumptions are no
longer appropriate.The cul- ture of agencies feeling they own the
information they gathered at taxpayer expense must be replaced by a
culture in which the agencies instead feel they have a duty to the
information-to repay the taxpayers' investment by making that
information available.
Each intelligence agency has its own security practices, outgrowths of
the Cold War.We certainly understand the reason for these practices.
Counterin- telligence concerns are still real, even if the old Soviet
enemy has been replaced by other spies.
But the security concerns need to be weighed against the costs. Current
security requirements nurture overclassification and excessive
compartmenta- tion of information among agencies. Each agency's
incentive structure opposes sharing, with risks (criminal, civil, and
internal administrative sanctions) but few rewards for sharing
information. No one has to pay the long-term costs of over- classifying
information, though these costs-even in literal financial terms- are
substantial.There are no punishments for not sharing
information.Agencies uphold a "need-to-know" culture of information
protection rather than pro-
moting a "need-to-share" culture of integration.15
Recommendation:
Information procedures should provide incentives for sharing, to restore
a better balance between security and shared knowledge.
Intelligence gathered
about transnational terrorism should be processed, turned into reports,
and distributed according to the same quality standards, whether it is
collected in Pakistan or in Texas.
The logical objection is that sources and methods may vary greatly in
dif- ferent locations.We therefore propose that when a report is first
created, its data be separated from the sources and methods by which
they are obtained.The
418 THE 9/11 COMMISSION
REPORT
report should begin with
the information in its most shareable, but still mean- ingful, form.
Therefore the maximum number of recipients can access some form of that
information. If knowledge of further details becomes important, any user
can query further, with access granted or denied according to the rules
set for the network-and with queries leaving an audit trail in order to
deter- mine who accessed the information. But the questions may not come
at all unless experts at the "edge" of the network can readily discover
the clues that
prompt to them.16
We propose that information be shared horizontally, across new networks
that transcend individual agencies.
o The current system is
structured on an old mainframe, or hub-and-
spoke, concept. In this older approach, each agency has its own data-
base. Agency users send information to the database and then can
retrieve it from the database.
o A decentralized network model, the concept behind much of the
information revolution, shares data horizontally too. Agencies would
still have their own databases, but those databases would be searchable
across agency lines. In this system, secrets are protected through the
design of the network and an "information rights management" approach
that controls access to the data, not access to the whole net- work.An
outstanding conceptual framework for this kind of "trusted information
network" has been developed by a task force of leading professionals in
national security, information technology, and law assembled by the
Markle Foundation. Its report has been widely dis- cussed throughout the
U.S. government, but has not yet been con-
verted into action.17
Recommendation: The
president should lead the government-wide effort to bring the major
national security institutions into the infor- mation revolution. He
should coordinate the resolution of the legal, policy, and technical
issues across agencies to create a "trusted infor-
mation network."
o No one agency can do it
alone. Well-meaning agency officials are
under tremendous pressure to update their systems. Alone, they may only
be able to modernize the stovepipes, not replace them.
o Only presidential leadership can develop government-wide concepts
and standards. Currently, no one is doing this job. Backed by the Office
of Management and Budget, a new National Intelligence Director empowered
to set common standards for information use throughout the community,
and a secretary of homeland security who helps
HOW TO DO IT? 419
extend the system to
public agencies and relevant private-sector data- bases, a
government-wide initiative can succeed.
o White House leadership is also needed because the policy and legal
issues are harder than the technical ones. The necessary technology
already exists. What does not are the rules for acquiring, accessing,
sharing, and using the vast stores of public and private data that may
be available. When information sharing works, it is a powerful tool.
Therefore the sharing and uses of information must be guided by a set of
practical policy guidelines that simultaneously empower and constrain
officials, telling them clearly what is and is not permitted.
"This is government
acting in new ways, to face new threats," the most recent Markle report
explains."And while such change is necessary, it must be accomplished
while engendering the people's trust that privacy and other civil
liberties are being protected, that businesses are not being unduly
burdened with requests for extraneous or useless information, that
taxpayer money is being well spent, and that, ultimately, the network
will be effective in protect- ing our security."The authors add:
"Leadership is emerging from all levels of government and from many
places in the private sector.What is needed now is a plan to accelerate
these efforts, and public debate and consensus on the
goals."18
13.4 UNITY OF EFFORT IN
THE CONGRESS
Strengthen Congressional
Oversight of Intelligence and Homeland
Security
Of all our recommendations, strengthening congressional oversight may be
among the most difficult and important. So long as oversight is governed
by current congressional rules and resolutions, we believe the American
people will not get the security they want and need.The United States
needs a strong, stable, and capable congressional committee structure to
give America's national intelligence agencies oversight, support, and
leadership.
Few things are more difficult to change in Washington than congressional
committee jurisdiction and prerogatives. To a member, these assignments
are almost as important as the map of his or her congressional
district.The Amer- ican people may have to insist that these changes
occur, or they may well not happen. Having interviewed numerous members
of Congress from both par- ties, as well as congressional staff members,
we found that dissatisfaction with congressional oversight remains
widespread.
The future challenges of America's intelligence agencies are
daunting.They include the need to develop leading-edge technologies that
give our policy-
420 THE 9/11 COMMISSION
REPORT
makers and warfighters a
decisive edge in any conflict where the interests of the United States
are vital. Not only does good intelligence win wars, but the best
intelligence enables us to prevent them from happening altogether.
Under the terms of existing rules and resolutions the House and Senate
intelligence committees lack the power, influence, and sustained
capability to meet this challenge.While few members of Congress have the
broad knowl- edge of intelligence activities or the know-how about the
technologies employed, all members need to feel assured that good
oversight is happening. When their unfamiliarity with the subject is
combined with the need to pre- serve security, a mandate emerges for
substantial change.
Tinkering with the existing structure is not sufficient. Either Congress
should create a joint committee for intelligence, using the Joint Atomic
Energy Committee as its model, or it should create House and Senate
committees with combined authorizing and appropriations powers.
Whichever of these two forms are chosen, the goal should be a structure-
codified by resolution with powers expressly granted and carefully
limited- allowing a relatively small group of members of Congress, given
time and reason to master the subject and the agencies, to conduct
oversight of the intel- ligence establishment and be clearly accountable
for their work. The staff of this committee should be nonpartisan and
work for the entire committee and not for individual members.
The other reforms we have suggested-for a National Counterterrorism
Center and a National Intelligence Director-will not work if
congressional oversight does not change too. Unity of effort in
executive management can be lost if it is fractured by divided
congressional oversight.
Recommendation:
Congressional oversight for intelligence-and counterterrorism-is now
dysfunctional. Congress should address this problem.We have considered
various alternatives: A joint committee on the old model of the Joint
Committee on Atomic Energy is one. A single committee in each house of
Congress, combining authoriz- ing and appropriating authorities, is
another.
o The new committee or
committees should conduct continuing stud-
ies of the activities of the intelligence agencies and report problems
relating to the development and use of intelligence to all members of
the House and Senate.
o We have already recommended that the total level of funding for intel-
ligence be made public, and that the national intelligence program be
appropriated to the National Intelligence Director, not to the secre-
tary of defense.19
HOW TO DO IT? 421
We also recommend that
the intelligence committee should have a
subcommittee specifically dedicated to oversight, freed from the con-
suming responsibility of working on the budget.
o The resolution creating the new intelligence committee structure
should grant subpoena authority to the committee or committees. The
majority party's representation on this committee should never exceed
the minority's representation by more than one.
o Four of the members appointed to this committee or committees
should be a member who also serves on each of the following addi- tional
committees:Armed Services, Judiciary, Foreign Affairs, and the Defense
Appropriations subcommittee. In this way the other major congressional
interests can be brought together in the new commit- tee's work.
o Members should serve indefinitely on the intelligence committees,
without set terms, thereby letting them accumulate expertise.
o The committees should be smaller-perhaps seven or nine members
in each house-so that each member feels a greater sense of respon-
sibility, and accountability, for the quality of the committee's work.
The leaders of the
Department of Homeland Security now appear before 88 committees and
subcommittees of Congress. One expert witness (not a mem- ber of the
administration) told us that this is perhaps the single largest obstacle
impeding the department's successful development.The one attempt to con-
solidate such committee authority, the House Select Committee on Home-
land Security, may be eliminated.The Senate does not have even this.
Congress needs to establish for the Department of Homeland Security the
kind of clear authority and responsibility that exist to enable the
Justice Depart- ment to deal with crime and the Defense Department to
deal with threats to national security.Through not more than one
authorizing committee and one appropriating subcommittee in each house,
Congress should be able to ask the secretary of homeland security
whether he or she has the resources to provide reasonable security
against major terrorist acts within the United States and to hold the
secretary accountable for the department's performance.
Recommendation: Congress
should create a single, principal point of oversight and review for
homeland security. Congressional leaders are best able to judge what
committee should have jurisdiction over this department and its duties.
But we believe that Congress does have the obligation to choose one in
the House and one in the Senate, and that this committee should be a
permanent standing committee with a nonpartisan staff.
422 THE 9/11 COMMISSION
REPORT
Improve the Transitions
between Administrations
In chapter 6, we described the transition of 2000-2001. Beyond the
policy issues we described, the new administration did not have its
deputy cabinet offi- cers in place until the spring of 2001, and the
critical subcabinet officials were not confirmed until the summer-if
then. In other words, the new adminis- tration-like others before it-did
not have its team on the job until at least six months after it took
office.
Recommendation: Since a
catastrophic attack could occur with lit- tle or no notice, we should
minimize as much as possible the disrup- tion of national security
policymaking during the change of administrations by accelerating the
process for national security appointments. We think the process could
be improved significantly so transitions can work more effectively and
allow new officials to assume their new responsibilities as quickly as
possible.
o Before the election,
candidates should submit the names of selected
members of their prospective transition teams to the FBI so that, if
necessary, those team members can obtain security clearances imme-
diately after the election is over.
o A president-elect should submit lists of possible candidates for
national security positions to begin obtaining security clearances
immediately after the election, so that their background investigations
can be complete before January 20.
o A single federal agency should be responsible for providing and main-
taining security clearances, ensuring uniform standards-including
uniform security questionnaires and financial report requirements, and
maintaining a single database.This agency can also be responsible for
administering polygraph tests on behalf of organizations that require
them.
o A president-elect should submit the nominations of the entire new
national security team, through the level of under secretary of cabi-
net departments, not later than January 20. The Senate, in return,
should adopt special rules requiring hearings and votes to confirm or
reject national security nominees within 30 days of their submission.
The Senate should not require confirmation of such executive appointees
below Executive Level 3.
o The outgoing administration should provide the president-elect, as
soon as possible after election day, with a classified, compartmented
list that catalogues specific, operational threats to national security;
major military or covert operations; and pending decisions on the pos-
HOW TO DO IT? 423
sible use of force. Such
a document could provide both notice and a checklist, inviting a
president-elect to inquire and learn more.
13.5 ORGANIZING AMERICA'S
DEFENSES IN THE
UNITED STATES
The Future Role of the
FBI
We have considered proposals for a new agency dedicated to intelligence
col- lection in the United States. Some call this a proposal for an
"American MI- 5," although the analogy is weak-the actual British
Security Service is a relatively small worldwide agency that combines
duties assigned in the U.S. government to the Terrorist Threat
Integration Center, the CIA, the FBI, and the Department of Homeland
Security.
The concern about the FBI is that it has long favored its criminal
justice mission over its national security mission. Part of the reason
for this is the demand around the country for FBI help on criminal
matters. The FBI was criticized, rightly, for the overzealous domestic
intelligence investigations dis- closed during the 1970s.The pendulum
swung away from those types of inves- tigations during the 1980s and
1990s, though the FBI maintained an active counterintelligence function
and was the lead agency for the investigation of foreign terrorist
groups operating inside the United States.
We do not recommend the creation of a new domestic intelligence agency.
It is not needed if our other recommendations are adopted-to establish a
strong national intelligence center, part of the NCTC, that will oversee
coun- terterrorism intelligence work, foreign and domestic, and to
create a National Intelligence Director who can set and enforce
standards for the collection, pro- cessing, and reporting of
information.
Under the structures we recommend, the FBI's role is focused, but still
vital. The FBI does need to be able to direct its thousands of agents
and other employees to collect intelligence in America's cities and
towns-interviewing informants, conducting surveillance and searches,
tracking individuals, work- ing collaboratively with local authorities,
and doing so with meticulous atten- tion to detail and compliance with
the law.The FBI's job in the streets of the United States would thus be
a domestic equivalent, operating under the U.S. Constitution and quite
different laws and rules, to the job of the CIA's opera- tions officers
abroad.
Creating a new domestic intelligence agency has other drawbacks.
o The FBI is accustomed
to carrying out sensitive intelligence collec-
tion operations in compliance with the law. If a new domestic intel-
ligence agency were outside of the Department of Justice, the process of
legal oversight-never easy-could become even more difficult.
424 THE 9/11 COMMISSION
REPORT
Abuses of civil liberties
could create a backlash that would impair the collection of needed
intelligence.
o Creating a new domestic intelligence agency would divert attention
of the officials most responsible for current counterterrorism efforts
while the threat remains high. Putting a new player into the mix of
federal agencies with counterterrorism responsibilities would exacer-
bate existing information-sharing problems.
o A new domestic intelligence agency would need to acquire assets and
personnel.The FBI already has 28,000 employees; 56 field offices, 400
satellite offices, and 47 legal attaché offices; a laboratory,
operations center, and training facility; an existing network of
informants, coop- erating defendants, and other sources; and
relationships with state and local law enforcement, the CIA, and foreign
intelligence and law enforcement agencies.
o Counterterrorism investigations in the United States very quickly
become matters that involve violations of criminal law and possible law
enforcement action. Because the FBI can have agents working criminal
matters and agents working intelligence investigations con- cerning the
same international terrorism target, the full range of inves- tigative
tools against a suspected terrorist can be considered within one agency.
The removal of "the wall" that existed before 9/11 between intelligence
and law enforcement has opened up new opportunities for cooperative
action within the FBI.
o Counterterrorism investigations often overlap or are cued by other
criminal investigations, such as money laundering or the smuggling of
contraband. In the field, the close connection to criminal work has many
benefits.
Our recommendation to
leave counterterrorism intelligence collection in the United States with
the FBI still depends on an assessment that the FBI-if it makes an
all-out effort to institutionalize change-can do the job.As we men-
tioned in chapter 3, we have been impressed by the determination that
agents display in tracking down details, patiently going the extra mile
and working the extra month, to put facts in the place of speculation.
In our report we have shown how agents in Phoenix, Minneapolis, and
NewYork displayed initiative in pressing their investigations.
FBI agents and analysts in the field need to have sustained support and
ded- icated resources to become stronger intelligence officers. They
need to be rewarded for acquiring informants and for gathering and
disseminating infor- mation differently and more broadly than usual in a
traditional criminal inves-
HOW TO DO IT? 425
tigation. FBI employees
need to report and analyze what they have learned in ways the Bureau has
never done before.
Under Director Robert Mueller, the Bureau has made significant progress
in improving its intelligence capabilities. It now has an Office of
Intelligence, overseen by the top tier of FBI management. Field
intelligence groups have been created in all field offices to put FBI
priorities and the emphasis on intel- ligence into practice. Advances
have been made in improving the Bureau's information technology systems
and in increasing connectivity and informa- tion sharing with
intelligence community agencies.
Director Mueller has also recognized that the FBI's reforms are far from
complete. He has outlined a number of areas where added measures may be
necessary. Specifically, he has recognized that the FBI needs to recruit
from a broader pool of candidates, that agents and analysts working on
national secu- rity matters require specialized training, and that
agents should specialize within programs after obtaining a generalist
foundation.The FBI is developing career tracks for agents to specialize
in counterterrorism/counterintelligence, cyber crimes, criminal
investigations, or intelligence. It is establishing a program for
certifying agents as intelligence officers, a certification that will be
a prerequi- site for promotion to the senior ranks of the Bureau. New
training programs have been instituted for intelligence-related
subjects.
The Director of the FBI has proposed creating an Intelligence
Directorate as a further refinement of the FBI intelligence program.This
directorate would include units for intelligence planning and policy and
for the direction of ana- lysts and linguists.
We want to ensure that the Bureau's shift to a preventive
counterterrorism posture is more fully institutionalized so that it
survives beyond Director Mueller's tenure.We have found that in the past
the Bureau has announced its willingness to reform and restructure
itself to address transnational security threats, but has fallen
short-failing to effect the necessary institutional and cul- tural
changes organization-wide.We want to ensure that this does not happen
again. Despite having found acceptance of the Director's clear message
that counterterrorism is now the FBI's top priority, two years after
9/11 we also found gaps between some of the announced reforms and the
reality in the field. We are concerned that management in the field
offices still can allocate peo- ple and resources to local concerns that
diverge from the national security mis- sion.This system could revert to
a focus on lower-priority criminal justice cases over national security
requirements.
Recommendation: A
specialized and integrated national security workforce should be
established at the FBI consisting of agents, ana- lysts, linguists, and
surveillance specialists who are recruited, trained, rewarded, and
retained to ensure the development of an institutional
426 THE 9/11 COMMISSION
REPORT
culture imbued with a
deep expertise in intelligence and national security.
o The president, by
executive order or directive, should direct the FBI
to develop this intelligence cadre.
o Recognizing that cross-fertilization between the criminal justice and
national security disciplines is vital to the success of both missions,
all new agents should receive basic training in both areas. Furthermore,
new agents should begin their careers with meaningful assignments in
both areas.
o Agents and analysts should then specialize in one of these disciplines
and have the option to work such matters for their entire career with
the Bureau. Certain advanced training courses and assignments to other
intelligence agencies should be required to advance within the national
security discipline.
o In the interest of cross-fertilization, all senior FBI managers,
includ-
ing those working on law enforcement matters, should be certified
intelligence officers.
o The FBI should fully implement a recruiting, hiring, and selection
process for agents and analysts that enhances its ability to target and
attract individuals with educational and professional backgrounds in
intelligence, international relations, language, technology, and other
relevant skills.
o The FBI should institute the integration of
analysts,agents,linguists,and
surveillance personnel in the field so that a dedicated team approach is
brought to bear on national security intelligence operations.
o Each field office should have an official at the field office's deputy
level
for national security matters.This individual would have management
oversight and ensure that the national priorities are carried out in the
field.
o The FBI should align its budget structure according to its four main
programs-intelligence, counterterrorism and counterintelligence,
criminal, and criminal justice services-to ensure better transparency on
program costs, management of resources, and protection of the
intelligence program.20
o The FBI should report regularly to Congress in its semiannual pro-
gram reviews designed to identify whether each field office is appro-
priately addressing FBI and national program priorities.
HOW TO DO IT? 427
o The FBI should report
regularly to Congress in detail on the qualifi-
cations, status, and roles of analysts in the field and at headquarters.
Congress should ensure that analysts are afforded training and career
opportunities on a par with those offered analysts in other intelligence
community agencies.
o The Congress should make sure funding is available to accelerate the
expansion of secure facilities in FBI field offices so as to increase
their ability to use secure email systems and classified intelligence
product exchanges. The Congress should monitor whether the FBI's
information-sharing principles are implemented in practice.
The FBI is just a small
fraction of the national law enforcement commu- nity in the United
States, a community comprised mainly of state and local agencies.The
network designed for sharing information, and the work of the FBI
through local Joint Terrorism Task Forces, should build a reciprocal
rela- tionship, in which state and local agents understand what
information they are looking for and, in return, receive some of the
information being developed about what is happening, or may happen, in
their communities. In this rela- tionship, the Department of Homeland
Security also will play an important part.
The Homeland Security Act of 2002 gave the under secretary for informa-
tion analysis and infrastructure protection broad responsibilities. In
practice, this directorate has the job to map "terrorist threats to the
homeland against our assessed vulnerabilities in order to drive our
efforts to protect against terrorist threats."21 These capabilities are
still embryonic. The directorate has not yet developed the capacity to
perform one of its assigned jobs, which is to assim- ilate and analyze
information from Homeland Security's own component agencies, such as the
Coast Guard, Secret Service, Transportation Security Administration,
Immigration and Customs Enforcement, and Customs and Border
Protection.The secretary of homeland security must ensure that these
components work with the Information Analysis and Infrastructure
Protection
Directorate so that this office can perform its mission.22
Homeland Defense
At several points in our inquiry, we asked, "Who is responsible for
defending us at home?" Our national defense at home is the
responsibility, first, of the Department of Defense and, second, of the
Department of Homeland Secu-
rity.They must have clear delineations of responsibility and authority.
We found that NORAD, which had been given the responsibility for
defending U.S. airspace, had construed that mission to focus on threats
com- ing from outside America's borders. It did not adjust its focus
even though the intelligence community had gathered intelligence on the
possibility that ter-
428 THE 9/11 COMMISSION
REPORT
rorists might turn to
hijacking and even use of planes as missiles.We have been assured that
NORAD has now embraced the full mission. Northern Com- mand has been
established to assume responsibility for the defense of the domestic
United States.
Recommendation: The
Department of Defense and its oversight committees should regularly
assess the adequacy of Northern Com- mand's strategies and planning to
defend the United States against military threats to the homeland.
The Department of
Homeland Security was established to consolidate all of the domestic
agencies responsible for securing America's borders and national
infrastructure, most of which is in private hands. It should identify
those elements of our transportation, energy, communications, financial,
and other institutions that need to be protected, develop plans to
protect that infra- structure, and exercise the mechanisms to enhance
preparedness. This means going well beyond the preexisting jobs of the
agencies that have been brought together inside the department.
Recommendation: The
Department of Homeland Security and its oversight committees should
regularly assess the types of threats the country faces to determine (a)
the adequacy of the government's plans-and the progress against those
plans-to protect America's critical infrastructure and (b) the readiness
of the government to respond to the threats that the United States might
face.
...
We look forward to a
national debate on the merits of what we have recom- mended, and we will
participate vigorously in that debate.
Credit: The 911 Commision Report
http://www.9-11commission.gov/report/index.htm
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