Testimony of Jeffrey H. Smith Senate Committee on Governmental Affairs Thank you, Madam Chair, for inviting me to appear this morning to discuss the President's new proposal to create a Terrorist Threat Integration Center (TTIC). This is a very important initiative and I am pleased that the Committee is looking carefully at it. Because this is such an important issue and because there have been so many recent changes with respect to the collection and analysis of intelligence relating to domestic threats, I thought it might be useful to begin the discussion this morning by listing a few principles that should be kept in mind as we think about the President's proposal and other proposals that have been made. Different people will have different principles, of course. But here's my list: First, there must be unity of effort and unity of command. Second, there must be clear channels among collectors, analysts, operators, and consumers. It must be a two-way channel with information flowing up and down. Third, there must also be a smooth flow of information among other sources of information, both within and without the Government. The analysts must have access to all relevant information, but there must also be counterintelligence and security checks in place. For example, we must be able to determine if somebody is trying to acquire information for which they have no legitimate need. Fourth, we should avoid overlap between intelligence agencies. The boundaries should be clear but not impervious or rigid. Some competition between intelligence analytical organizations is healthy. For example, when national intelligence estimates, or NIE's, are prepared the views of different intelligence agencies are solicited. If they dissent from the overall consensus, those views are separately reported so policymakers will know that there is a dissenting view on a given point. Fifth, intelligence analysts must be independent. Indeed, that is why CIA was created in the first place. It is imperative that any intelligence analytical organization even if it is part of a Department – must be independent and able to speak unvarnished truth to its customers. Sixth, the intelligence analysts, and all intelligence activities, must be accountable to the political leadership of this country and to the Congress. Seventh, any intelligence agency, whether it is a collection or analysis agency, must take all measures to protect the civil liberties of American citizens. Those who guard our liberties must respect our laws in letter and in spirit. Eighth, any organizational structure can be made to work, even if it looks dysfunctional on paper. The keys to success, in my judgment, are good people, strong leadership, and stability. In that regard, the recent organizational turmoil reminds me of Norm Augustine's wisdom that too frequently we check on the health of a plant by pulling it out of the ground to look at the roots. Finally, an analytical organization is only as good as the information it has available to analyze. There was much criticism after 9/11 that we had not "connected the dots." The major problem is that we just don't have enough "dots.” Therefore, renewed efforts must be made to collect more intelligence, especially human intelligence. Now let me turn to the Terrorist Threat Integration Center. I believe the President's proposal is a good idea and I support both the concept and the proposed implementation of it. You may recall, Madam Chair, that when I last appeared before this Committee, I testified in favor of an enhanced counterterrorist center under the direction of the DCI to perform this function. I am therefore pleased that the President has proposed the creation of TTIC. However, as I will discuss later, I believe this is only a first step toward what we ultimately need - a viable domestic intelligence service. The Department of Homeland Security clearly needs an intelligence function. The legislation that created DHS assigned to the Directorate for Information Analysis and Infrastructure Protection broad responsibilities to "access, receive, and analyze law enforcement information, intelligence information, and other informations from agencies of the Federal Government, State and local government agencies (including law enforcement agencies), and private sector entities." DHS was also to "integrate such information in order to identify and assess the nature and scope of terrorist threats to ... the homeland, detect and identify threats of terrorism against the United States, and understand such threats in light of actual and potential vulnerabilities." As such, many people believed that the primary responsibility within the Government to conduct intelligence analysis for homeland security would be lodged within this Directorate of DHS. At the same time, the FBI was trying hard to improve its own analytical ability. The DCI had, for example, assigned 25 analysts to the FBI to assist them in this process. It now appears that the President has determined that the principle responsibility should rest neither in the Homeland Security nor the FBI. He has decided, correctly in my view, that it should be housed in a fusion center under the direction of the DCI. I believe that is a good idea because it satisfies the elements that I outlined above. As I understand it, the TTIC will be a "fusion center" that will ultimately combine the data banks of several agencies, including the FBI and CIA. I have spoken with individuals in the intelligence community responsible for establishing the Center. They speak of creating not a new agency, but a “joint venture” that will build on the strengths of the current organizations. The recent changes in the Patriot Act now permit wide exchange of information between law enforcement and intelligence agencies. This will allow officers from both FBI and CIA to work under the same roof with common databases. They are to have unfettered access to ALL relevant information. However, I gather that the final analytical product will be approved by the Director of the TTIC and, as such, will be independent of any parochial departmental interests. This should produce dramatically improved intelligence analysis. The President's desire is to build upon what's already working. For example, I understand that the officers from the various agencies will be encouraged to maintain strong ties back to their parent agencies - including the ability to review operational traffic. This will assure maximum connectivity to the other agencies - something that has been lacking in the past. At the same time, there will be much confusion as this Center is created. The President's direction calls for elements of DHS, FBI, and CIA-CTC to be moved into this center. DoD will also support it. I know that each of these organizations have been working hard to improve their own capacity, but there has been considerable personal turmoil in some of the agencies. That is likely to be confounded by the creation of this |