Considering the Creation of a Domestic Intelligence Agency in the United States pot

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Limited Electronic Distribution Rights Visit RAND at www.rand.org Explore the RAND Homeland Security Program RAND Intelligence Policy Center View document details For More Information This PDF document was made available from www.rand.org as a public service of the RAND Corporation. 6 Jump down to document THE ARTS CHILD POLICY CIVIL JUSTICE EDUCATION ENERGY AND ENVIRONMENT HEALTH AND HEALTH CARE INTERNATIONAL AFFAIRS NATIONAL SECURITY POPULATION AND AGING PUBLIC SAFETY SCIENCE AND TECHNOLOGY SUBSTANCE ABUSE TERRORISM AND HOMELAND SECURITY TRANSPORTATION AND INFRASTRUCTURE WORKFORCE AND WORKPLACE The RAND Corporation is a nonprofit research organization providing objective analysis and effective solutions that address the challenges facing the public and private sectors around the world. Purchase this document Browse Books & Publications Make a charitable contribution Support RAND HOMELAND SECURITY PROGRAM and the INTELLIGENCE POLICY CENTER This product is part of the RAND Corporation monograph series. RAND monographs present major research findings that address the challenges facing the public and private sectors. All RAND mono- graphs undergo rigorous peer review to ensure high standards for research quality and objectivity. Contributors: Peter Chalk, Richard Warnes, Lindsay Clutterbuck, Aidan Kirby HOMELAND SECURITY PROGRAM and the INTELLIGENCE POLICY CENTER Prepared for the Department of Homeland Security Lessons from the Experiences of Australia, Canada, France, Germany, and the United Kingdom Considering the Creation of a Domestic Intelligence Agency in the United States BRIAN A. JACKSON, EDITOR The RAND Corporation is a nonprofit research organization providing objective analysis and effective solutions that address the challenges facing the public and private sectors around the world. RAND’s publications do not necessarily reflect the opinions of its research clients and sponsors. R ® is a registered trademark. © Copyright 2009 RAND Corporation All rights reserved. No part of this book may be reproduced in any form by any electronic or mechanical means (including photocopying, recording, or information storage and retrieval) without permission in writing from RAND. Published 2009 by the RAND Corporation 1776 Main Street, P.O. 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This research was sponsored by the United States Department of Homeland Security and was conducted jointly under the auspices of the Homeland Security Program within RAND Infrastructure, Safety, and Environment and the Intelligence Policy Center of the National Security Research Division. iii Preface With terrorism still prominent on the U.S. national agenda, whether the country’s prevention efforts match the threat it faces continues to be central in policy debate. One element of this debate is questioning whether the United States, like some other countries, needs a dedi- cated domestic intelligence agency. To examine this question, Con- gress directed that the U.S. Department of Homeland Security Office of Intelligence and Analysis perform “an independent study on the fea- sibility of creating a counter terrorism intelligence agency” (U.S. Con- gress, 2006, p. 122). e results of this study are presented in three volumes: is volume contains case studies of other nations’ domestic intel-t ligence organizations and activities. An additional volume, published separately, t e Challenge of Domestic Intelligence in a Free Society: A Multidisciplinary Look at the Creation of a U.S. Domestic Counterterrorism Intelligence Agency (Jackson, 2009), presents a series of papers examining the U.S. context for domestic intelligence, current activities, and varied approaches for assessing options. e overarching policy results of the assessment, including a t discussion of the pros and cons of creating a new intelligence organization, are included in a companion volume to this work: Reorganizing U.S. Domestic Intelligence: Assessing the Options (Tr everton, 2008). iv Considering the Creation of a Domestic Intelligence Agency in the United States is volume should be of interest to homeland security policymakers, state and local governments, law enforcement orga- nizations, civil rights and civil liberties organizations, and private- sector organizations with interests in homeland security. is study is part of a larger body of RAND research related to homeland security, intelligence, and terrorism. Related RAND publications include the following: Peter Chalk and William Rosenau, t Confronting the “Enemy Within”: Security Intelligence, the Police, and Counterterrorism in Four Democracies, MG-100-RC, 2004 K. Jack Riley, Gregory F. Treverton, Jeremy M. Wilson, and Lois t M. Davis, State and Local Intelligence in the War on Terrorism, MG-394-RC, 2005 Brian A. Jackson, Peter Chalk, Kim Cragin, Bruce Newsome, t John V. Parachini, William Rosenau, Erin M. Simpson, Melanie Sisson, and Donald Temple, Breaching the Fortress Wall: Under- standing Terrorist Efforts to Overcome Defensive Technologies, MG- 481-DHS, 2007. The RAND Homeland Security Program is research was conducted jointly under the auspices of the Home- land Security Program within RAND Infrastructure, Safety, and Envi- ronment and the Intelligence Policy Center of the National Security Research Division. e mission of RAND Infrastructure, Safety, and Environment is to improve the development, operation, use, and pro- tection of society’s essential physical assets and natural resources and to enhance the related social assets of safety and security of individuals in transit and in their workplaces and communities. Homeland Secu- rity Program research supports the Department of Homeland Security and other agencies charged with preventing and mitigating the effects of terrorist activity within U.S. borders. Projects address critical infra- structure protection, emergency management, terrorism risk man- Preface v agement, border control, first responders and preparedness, domestic threat assessments, domestic intelligence, and workforce and training. Information about the Homeland Security Program is available online (http://www.rand.org/ise/security/). Inquiries about homeland security research projects should be addressed to Andrew Morral, Director Homeland Security Program, ISE RAND Corporation 1200 South Hayes Street Arlington, VA 22202-5050 703-413-1100, x5119 Andrew_Morral@rand.org The RAND Intelligence Policy Center e Intelligence Policy Center is part of the RAND National Secu- rity Research Division (NSRD). NSRD conducts research and analysis for the Office of the Secretary of Defense, the Joint Staff, the Unified Combatant Commands, the defense agencies, the Department of the Navy, the Marine Corps, the U.S. Coast Guard, the U.S. Intelligence Community, allied foreign governments, and foundations. For more information on RAND’s Intelligence Policy Center, address queries to John Parachini, Director Intelligence Policy Center RAND Corporation 1200 South Hayes Street Arlington, VA 22202-5050 703-413-1100, x5579 John_Parachini@rand.org More information about RAND is available at www.rand.org vii Contents Preface iii Figure and Tables xi Acknowledgments xiii Abbreviations xv CHAPTER ONE Introduction 1 Defining Domestic Intelligence 3 Arguments for Change in Current Domestic Intelligence Policies 6 About is Study 8 Examining Other Nations’ Experiences with Domestic Intelligence 9 About is Volume and Companion Volumes from the Study 11 CHAPTER TWO Australia 13 Peter Chalk Creation and Relevant History 14 Mission and Critical Capabilities 16 Leadership and Human Capital 23 Management and Process 24 Organizational Structure and Funding Patterns 27 Key Relationships with Other Intelligence and Law Enforcement Agencies 27 e Australian Intelligence Community 27 Law Enforcement 31 Oversight 33 viii Considering the Creation of a Domestic Intelligence Agency in the United States Performance Metrics 35 Problems or Controversies 38 Conclusion 41 CHAPTER THREE Canada 43 Peter Chalk Creation and Relevant History 44 Mission and Critical Capabilities 45 Leadership and Human Capital 51 Management and Process 52 Organizational Structure and Funding Patterns 53 Key Relationships with Other Intelligence and Law Enforcement Agencies 54 e Canadian Intelligence Community 54 Law Enforcement 55 Oversight 57 Performance Metrics 60 Problems or Controversies 61 Conclusion 64 CHAPTER FOUR France 65 Richard Warnes Creation and Relevant History 65 Mission and Critical Capabilities 73 Leadership and Human Capital 77 Management and Process 78 Organizational Structure and Funding Patterns 82 Key Relationships with Other Intelligence and Law Enforcement Agencies 82 Oversight 85 Problems or Controversies 87 Conclusion 90 [...]... that they can rapidly alter their behavior and adapt their tactics in the face of CT pressure To keep pace with an agile threat, intelligence organizations must be able to adapt as well Large, bureaucratic organizations frequently face challenges in doing 7 Of these issues, the first two the difficulty of identifying a small number of threatening individuals against a large background of other people and... by the private sector to build or defend competitive advantage in the market 4 Considering the Creation of a Domestic Intelligence Agency in the United States States or U.S persons elsewhere2 that are not related to the investigation of a known past criminal act or specific planned criminal activity.3 It is often the case that an individual or organization that carries out a terrorist attack—or has... Office AQMI Al-Qaida pour le Maghreb Islamique [al Qaeda for the Islamic Maghreb] ASALA Armenian Secret Army for the Liberation of Armenia ASIO Australian Security Intelligence Organisation ASIS Australian Secret Intelligence Service AUSTRAC Australian Transaction Reports and Analysis Centre BCRA Bureau Central de Renseignements et d’Action [Central Office of Intelligence and Operations] BfV Bundesamtes... of those activities on individuals and on the character of the nation, entities that such activities are intended to protect Since 9/11, some people have raised questions about the type of information the U.S government has gathered on individuals and organizations in the United States and about how that information has been col- 8 Considering the Creation of a Domestic Intelligence Agency in the United. .. the intent and capability to take violent action are a reality in many countries given the existence of international movements, such as al Qaeda, that have the capacity to direct or inspire violence across the world, thereby creating another source of threat and risk The threat of terrorist activity extends across a wide spectrum, from attacks causing little in the way of injury or damage to the potential... create a new domestic intelligence agency In addition, we examined the histories of several nations that already have such an agency in an effort to learn from their experiences This volume presents our case studies of other nations’ domestic intelligence organizations Examining Other Nations’ Experiences with Domestic Intelligence The United States does not have a stand-alone domestic intelligence agency, ... international a airs In recent years, the term intelligence has been integrated into domestic law enforcement and public safety agencies as part of the phrase intelligence- led policing Definitions of intelligence- led policing vary, but common elements include the use of information-gathering capabilities and the analysis and application of resulting information in crime prevention and response activities... than domestic intelligence alone Others have been specific to domestic intelligence activities The following issues that are relevant and central to the consideration of a new domestic intelligence agency have been raised:7 1 The difficulty of identifying a small number of threatening individuals in the general population of a large and diverse nation Terrorism will always be a threat posed to the many... About This Study In spite of significant changes to U.S domestic intelligence activities in recent years, questions remain about whether the United States has the right organizational and technical tools in place to protect the nation One element of this debate is the question of whether the United States needs a dedicated domestic intelligence agency The argument that such an agency is necessary has... events—i.e., on acting when the individuals or organizations planning an attack may not yet have committed any prosecutable criminal offenses Intelligence activities can be investigative in nature and may resemble law enforcement activities However, they do not have to satisfy the same legal requirements that constrain the initiation of a law enforcement investigation An example of such an intelligence activity . Email: order@rand.org Library of Congress Cataloging -in- Publication Data Considering the creation of a domestic intelligence agency in the United States. the involvement of a panel xiv Considering the Creation of a Domestic Intelligence Agency in the United States of eminent experts in intelligence, law