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Document Date: 12-18-2003
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Subject: Interview of Robert Bryant, former Deputy Director

,FBI

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Subject: Interview of Former FBI Director LouisFreeh

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igation Chronology, 1 Jan 98 to 31 Dec 01

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 Policy Areas of Concern
Strengthening the Law Enforcement & Justice Instrument
January 7, 2004
Prepared by Len Hawley

Overview: This paper outlines several "policy areas" that are relevant to enhancing law
enforcement to be an effective instrument of U.S. counterterrorism policy. Before 9-11,
our nation's law enforcement instrument proved to be ineffective in thwarting the
dangerous threat posed by al-Qaeda. Although much is now being attempted by Justice
and the FBI since those attacks, these efforts remain modest attempts to make required
improvements in this core instrument of U.S. counter-terrorism policy.

Role of Law Enforcement: Law enforcement should play a central role in counter-
terrorism in ways that offer near and far-term achievements in dealing with today's global
terrorist threat, particularly the al-Qaeda network. Law enforcement should play a key role
in the following areas of national strategy:

1) Defeating al-Qaeda and its affiliated terrorist groups;

2) Preventing terrorists from acquiring CBRN weapons;
3) Strengthening U.S. security from attacks both at home and abroad;
4) Bolstering international resistance to Islamist terrorism; and
5) Contributing to U.S. policy-making activities.

Overall, the rule-of-law presents an important venue for U.S. counterterrorism policies
because it builds upon American democratic principles and offers many opportunities for
international cooperation against this very complex threat to our national security as well
as a menace to international peace and stability in key regions of the world. As currently
envisioned, however, the nation's law enforcement instrument will likely be unable to
make the necessary contributions to U.S. counterterrorism policy aims.

Policy Areas of Concern

1. The U.S. National Security System: Should Justice and the FBI be formally brought
into the U.S. national security system?

The 9-11 Story: Before 9-11, it was unclear whether the Attorney General and the FBI
Director should participate in cabinet-level decisions, despite the central role their
organizations played in prosecuting U.S. counter-terrorism policy. Even after 9-11,
their formal participation remains ambiguous.

Lesson Learned: Although the terrorist threat to U.S. national security has changed
substantially since 1996, our national security system has not adapted. Defeating al-
Qaeda terrorism requires law enforcement, yet Justice and FBI are not part of the
 formal system. This situation discourages full participation by the Attorney General
and the FBI Director at the policy level and creates needless adverse consequences to
the United States in employing law enforcement tools in the war on terrorism.

Possible Recommendations:
a. Designate the Attorney General and the Director of the FBI as full members on
the National Security Council with participation in NSC Principals and
Deputies meetings.
b. Establish a Deputy National Security Advisor for Intelligence, Law
Enforcement and Counter-Terrorism within the NSC staff.
c. Assign selected Justice and FBI personnel in the NSC office responsible for
counter-terrorism, including newly-created interagency entities to strengthen
interagency management of the war on terrorism.
d. Integrate Justice and FBI within standard information systems within the U.S.
government that pertain to national security.
e. What else?

2. Legal Authorities & AG Guidelines: Should current legal authorities (e.g. Patriot Act,
FISA law, etc) and selected AG Guidelines be modified to enhance the FBI's capacity
to fight the war on terrorism?

3. Threat of Religious Fundamentalism: What legal measures and law enforcement

authorities should be adopted to diminish the terrorist threat posed by violent religious
fundamentalist groups, particularly radical Islamist terrorist groups?

4. Foreign vs. Domestic Terrorism: Should DOJ and the FBI adopt measures to close the
seams between foreign and domestic terrorism in strategy, processes and organizational
structures?

5. Intelligence Collection & Reporting: Should the FBI establish a CT intelligence

collection capacity along with a robust reporting system to support domestic and
foreign field operations to fight war on terrorism?

6. Strategic Analysis: Should the FBI establish a robust strategic analysis capability for
potential terrorist threats to the United States, a capability that integrates with the
CIA's analysis capabilities?

7. Information-Sharing: What formal systems and practices should be adopted to

institutionalize habitual and effective information-sharing activities among relevant
federal agencies?

8. Tracking & Apprehension of Terrorist Suspects: What new interagency processes

and FBI internal mechanisms and procedures should be adopted to improve discovery,
tracking and apprehension of terrorist suspects at home and abroad?
9. CBRN Capacity: What should be done to improve the FBI's capacity to thwart
potential terrorist attacks involving CBRN?

10. Cyber Terrorist Capacity: What should be the role of the FBI in relation to DHS to
thwart potential cyber attacks by terrorist groups?

11. Coercive Field Operations: What should be done to improve the conduct of coercive
joint operations against terrorist cells, particularly abroad, in ways that integrate U.S.
operational capabilities of intelligence, law enforcement, covert operations, special
operations, military activities and public diplomacy?

12. Terrorist Financing: What should be the role of DOJ and the FBI in the interagency
effort to dismantle financial support systems of terrorist groups?

13. Border Control: What should be the role of the FBI in contributing to strengthening
U.S. control of its borders and ports of entry?

14. Relationship between the FBI and DHS: What should be the relationship between the
FBI and DHS in protecting Americans against terrorism? What seams need to be
closed in domestic prevention and response?

15. Law Enforcement Cooperation: What should be done to strengthen cooperation

among federal, state, and local law enforcement officials for counterterrorism?

16. International Cooperation: What should be done within DOJ and the FBI to make
them more effective in helping foreign governments to build law enforcement capacity
to deal with indigenous terrorist threats having global reach? What should be done to
enhance international cooperation in law enforcement against global terrorist groups?

17. Legat Program Expansion: What should be the posture, roles and staffing of the legat
program in the future to better fight the war on terrorism abroad rather than at home?

18. Strategic Adaptation: What should be done within the Justice / FBI team to help U.S.
law enforcement better prepare for new forms of terrorist attacks against the United
States, given that our terrorist adversaries will seek to use surprise, uncertainty and our
open society to mount attacks against America?

19. Incentives for Cultural Change: What should be done to provide incentives and
rewards to both young and seasoned FBI career professionals to overcome resistant
cultural norms and adopt new and needed initiatives to improve the FBI's overall
performance in counterterrorism?

20. Internal Priorities for CT: How should the DOJ and FBI be postured internally over
the next several years to maintain CT as a top organizational priority in relation to
other competing priorities such as guns, drugs, or civil rights?
21. IT Infrastructure and Management Practices: What should be done to modernize the
FBI's archaic information technology infrastructure and information management
practices to improve the FBI's performance and support the FBI's integration with the
rest of the interagency?

22. Adequate Resources for Capacity-building: What resources should be allocated

(personnel, equipment, and funding) to support all reform initiatives contained herein
over the next ten years?