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Domestic Security: Confronting a Changing Threat to Ensure Public Safety and Civil Liberties 1 Domestic Security: Confronting a Changing Threat to Ensure Public Safety and Civil Liberties 1 Domestic Security: Confronting a Changing Threat to Ensure Public Safety and Civil Liberties 2 Domestic Security: Confronting a Changing Threat to Ensure Public Safety and Civil Liberties BENS Practitioners Panel Michael Allen Thomas Kean Former Majority Staff Director House Perma- Chair, The National Commission on Terrorist nent Select Committee on Intelligence United Attacks Upon the United States States House of Representatives Former Governor of New Jersey Alfred Berkeley Michael Leiter Vice Chair National Infrastructure Advisory Former Director of the National Counterter- Council rorism Center Former President NASDAQ Stock Market, Inc. Joseph Lieberman Michael Chertoff (Vice Chair) Former United States Senator (CT) Former Secretary of Homeland Security Former Chairman Homeland Security and Government Affairs Committee Commissioner Edward Davis United States Senate Former Commissioner, Boston Police Department James Locher Former Assistant Secretary of Defense for Robert Graham (Vice Chair) Special Operations and Low Intensity Conflict Former Governor of Florida Former Chairman Senate Select Committee Steven McCraw (Vice Chair) on Intelligence United States Senate Director, Texas Department of Public Safety Homeland Security Advisor to the Governor David Hall of Texas Director Missouri Information and Analysis Center Norton Schwartz (Chair) President & CEO Business Executives Lee Hamilton for National Security Former United States Representative (IN) Vice Chair The National Commission Maurice Sonnenberg on Terrorist Attacks Upon the United States Former Member President’s Intelligence Advisory Board Michael Hayden Vice Chair Report of the National Former Director CIA Commission on Terrorism Former Director NSA Frances Townsend Brian Michael Jenkins Former Assistant to the President for Home- Senior Advisor to the President RAND land Security and Counterterrorism Corporation Juan Zarate Loch K. Johnson Former Deputy Assistant to the President Regents Professor of Political Science and Deputy National Security Advisor for University of Georgia Combating Terrorism BENS Member Task Force Stephen Shapiro Jonathan Lewis Task Force Chair Task Force Member Managing Partner of BSR Investments Managing Principal Chief Investment Officer Thomas Barron Samson Capital Advisors LLC Task Force Member Chief Operating Officer (Ret.) The Episcopal Alan Silberstein Church Pension Group Task Force Member Former CEO Western Union Business Executives for National Security (BENS) is a non-profit, non-partisan organization that for over 30 years has served as the primary channel through which senior executives can help build a more secure America. Leveraging the collective expertise of its national membership, BENS applies best business practices to public sector challenges in order to help strengthen the nation’s security and improve the performance of government agencies. February 2015 Domestic Security: Confronting a Changing Threat to Ensure Public Safety and Civil Liberties 3 Contents Executive Summary ........................................................................................... 4 The Case for Change ........................................................................................ 7 What BENS Recommends ................................................................................ 10 Supporting State and Local Efforts: Creating Best Practice Integrated Fusion Centers through Scale, Collocation and Enhanced Information Sharing .................................................................... 10 Supporting State and Local Efforts through Investigatory Awareness: Real-Time Collaboration between Federal Agencies and State and Local Partners ..................................................................................... 13 Domestic Counterterrorism and Countering Violent Extremism: Enhancing Training and Interoperability at All Levels ..................................... 15 Domestic Counterterrorism and Countering Violent Extremism: Enhancing Career Paths ............................................................................. 17 Federal Leadership & Management: Office of the Director of National Intelligence.............................................................................. 18 Creating a Domestic Threat Framework ....................................................... 20 Redefine the Intelligence Community to Ensure Unity of Effort and Oversight .................................................................................. 21 Maximizing Federal Bureau of Investigation Effectiveness ............................... 23 Focusing the Department of Homeland Security Office of Intelligence & Analysis ............................................................................... 24 Aiding Congressional Oversight and Budgeting ............................................ 26 Conclusion .................................................................................................... 27 Appendix A: Glossary of Key Agencies .............................................................. 28 Appendix B: Acronyms ..................................................................................... 29 Appendix C: BENS Staff ................................................................................... 30 Appendix D: End Notes ................................................................................... 31 4 Domestic Security: Confronting a Changing Threat to Ensure Public Safety and Civil Liberties EXECUTIVE SUMMARY Domestic Security: Confronting a Changing Threat to Ensure Public Safety and Civil Liberties The terrorist threat to the United States has not Business Executives for National Security abated. Instead, it is fundamentally different (BENS) undertook a project to assess whether than it was on September 11, 2001: greater the many reforms enacted after the September numbers; more sophisticated communications 11, 2001 terror attacks are still effective at strategies, including through the use of tech- confronting a changing terrorist threat. This nology; decentralized leadership and geo- report considers the extent to which informa- graphic dispersal; homegrown radicalization; tion sharing between federal, state, and local and returning foreign fighters. agencies is efficient and responsive; organi- zational missions are clearly defined; federal As the terrorist threat to the United States leadership is effective at articulating national continues to evolve and adapt, so too must domestic counterterrorism priorities and sup- our domestic counterterrorism efforts. An ef- porting state and local efforts; and workforce fective domestic counterterrorism strategy that initiatives at the federal, state, and local levels can enhance public safety requires a stronger are effective at maintaining a cadre of skilled linkage with state and local law enforcement intelligence analysts. While this report primar- and clear federal leadership. The efforts con- ily examines U.S. domestic counterterrorism ducted pursuant to this strategy cannot violate systems and processes, it does explore broad- our society’s expectations for personal privacy er issues associated with domestic intelligence and must be conducted within constitutional efforts in connection with other domestic standards, complementing and reinforcing national security threats. our civil liberties. To address these objectives, a Member Task The changing nature of the terrorist threat Force composed of four New York based puts ever-greater emphasis on the need for BENS members conducted a dedicated pri- the domestic counterterrorism posture to mary research effort. Over a period of three be as agile and as effective as possible. It years, the Task Force met with over 100 senior places heightened importance on the abil- and knowledgeable people in the intelligence ity of federal, state, and local governments community, its overseers, managers, and to acquire, process, and share high-value consumers, including visits to fusion centers in information rapidly and securely, using com- six states and meeting with a number of state mon standards and procedures. Although and local law enforcement agencies. Among it is unrealistic to expect that every attack the federal agencies, the Task Force met with can be prevented, it is vital to improve the senior leaders in the Office of the Director preparedness of our domestic counterterror- of National Intelligence (ODNI), the Depart- ism enterprise, including the private sector, to ment of Homeland Security (DHS), the Federal better ensure domestic security and resiliency Bureau of Investigation (FBI), the National in the face of these evolving and persistent Counterterrorism Center (NCTC), the Na- terrorist threats. tional Security Council staff, and the profes- Domestic Security: Confronting a Changing Threat to Ensure Public Safety and Civil Liberties 5 sional staff of the Intelligence and Homeland duct domestic intelligence activities in support Security oversight committees in both houses of counterterrorism and related missions and to of Congress. This effort was complemented provide effective oversight of these activities. It by a review of the relevant literature, including also hinders its ability to fully support and use the after action reviews of the 2009 Fort Hood the 800,000 law enforcement officers at the and 2013 Boston Marathon attacks. state and local levels in the national effort. From
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