MILNET: U.S. Intelligence Agencies - The FBI

Updated July 2005

The FBI conducts counter-intelligence activities in the U.S. (among its other, more visible duties). The FBI is also concerned with anti-terrorism as a subset of counter-intelligence.

The structure of the FBI is based roughly on their assigned tasks (as defined in the National Security Act of 1947):

Counter-Intelligence - Investigation, Surveillance, Tracking, Capturing, and otherwise Disabling espionage in the U.S.
Persuing Federal Offenders - Investigation, Surveillance, Tracking, and Capture of those criminals breaking federal criminal statutes.
Assisting local authorities in crimes suspected of crossing state boundaries.
Anti-Terrorism (classed as a federal crime)

Here is the official (June 2004) organizational chart for the FBI:

Note that on June 29, 2005, President George Bush directed the Department of Justice and the Director of the FBI to reorganize the Intelligence Directorate as well as the Counterterrorism and Counterintelligence Directorates under a new Executive Assistant Director for the FBI National Security Service (MILNET Mirror of memo). This will undoubtedly play havoc with the org chart above.

Here is the official (pre NSS) FBI website overview of the FBI:

"In 1908 Attorney General Charles Joseph Bonaparte issued an Order creating an investigative agency within the Department of Justice. The Order was confirmed in 1909 by Attorney General George W. Wickersham who ordered the establishment of the Bureau of Investigation. The present name, Federal Bureau of Investigation (FBI), was designated by Congress in 1935.

The mission of the FBI is to protect and defend the United States against terrorist and foreign intelligence threats, to uphold and enforce the criminal laws of the United States, and to provide leadership and criminal justice services to federal, state, municipal, and international agencies and partners; and to perform these responsibilities in a manner that is responsive to the needs of the public and is faithful to the Constitution of the United States.

The FBI’s major priorities are to:

Protect the United States from terrorist attack;
Protect the United States against foreign intelligence operations and espionage;
Protect the United States against cyber-based attacks and high-technology crimes;
Combat public corruption at all levels;
Protect civil rights;
Combat transnational and national criminal organizations and enterprises;
Combat major white-collar crime;
Combat significant violent crime;
Support federal, state, county, municipal, and international partners; and to
Upgrade technology to successfully perform the FBI’s mission.

The major functions of the FBI are to:

Conduct professional investigations and authorized intelligence collection to identify and counter the threat posed by domestic and international terrorists and their supporters within the United States, and to pursue extraterritorial criminal investigations to bring the perpetrators of terrorist acts to justice. In furtherance of this function, the FBI designs, develops and implements counterterrorism initiatives which enhance the FBI’s ability to minimize the terrorist threat.
Conduct counterintelligence activities and coordinate counterintelligence activities of other agencies in the intelligence community within the United States. (Executive Order 12333 includes international terrorist activities in its definition of counterintelligence.)
Coordinate the efforts of U.S. Government agencies and departments in protecting the nation’s critical infrastructure by identifying and investigating criminal and terrorist group intrusions through physical and cyber attacks.
Investigate violations of the laws of the United States and collect evidence in cases in which the United States is or may be a party in interest, except in cases in which such responsibility is by statute or otherwise specifically assigned to another investigative agency.
Locate and apprehend fugitives for violations of specified federal laws and, when so requested, state and local fugitives pursuant to federal statutory authority as the sole federal agency so mandated.
Conduct professional investigations to identify, disrupt, and dismantle existing and emerging criminal enterprises whose activities affect the United States. Address international criminal organizations and terrorist groups, which threaten the American people and their property, through expanded international liaison and through the conduct of extraterritorial investigations as mandated by laws and Executive Order.
Gather, analyze and assess information and intelligence of planned or committed criminal acts.
Establish and implement quality outreach programs that will ensure FBI and community partnerships and sharing.
Conduct personnel investigations requisite to the work of the Department of Justice and whenever required by statute or otherwise.
Establish and conduct law enforcement training programs and conduct research to provide assistance to state and local law enforcement personnel. Participate in interagency law enforcement initiatives which address crime problems common to federal/state/local agencies.
Develop new approaches, techniques, systems, equipment and devices to improve and strengthen law enforcement and assist in conducting state, local and international law enforcement training programs.
Provide timely and relevant criminal justice information and identification services concerning individuals, stolen property, criminal organizations and activities, crime statistics, and other law enforcement related data, not only to the FBI, but to qualified law enforcement, criminal justice, civilian, academic, employment, licensing, and firearms sales organizations.
Operate the Federal Bureau of Investigation Laboratory to serve not only the FBI, but also to provide, without cost, technical and scientific assistance, including expert testimony in federal or local courts, for all duly constituted law enforcement agencies, other organizational units of the Department of Justice, and other federal agencies; and to provide identification assistance in mass disasters and for other humanitarian purposes.
Review and assess operations and work performance to ensure compliance with laws, rules, and regulations and to ensure efficiency, effectiveness, and economy of operations.
Effectively and appropriately communicate and disclose information on the FBI mission, accomplishments, operations, and values to Congress, the media, and the public."

The website also contains a nice map which links to the FBI field office info, however the FAS website contains a much more analystical and authorative look at the field offices despite the pages creation and relative static state since 1998.

The FBIs counter-intelligence performance has been likened in the recent past to "...spys fall all over themselves to get caught and occassionally the FBI is successful in their capture." There HAVE been some rather spectacular failures, however, it should be noted that counterintelligence is successful even if all that can be accomplished is that the spy is sent home. Public exposure is the next best, and of course a trial and then conviction would be the ultimate success, however, these steps are not necessarily required.

The FBI and 9/11

Prior to September 11, 2001, the FBI's counterterrorism efforts were conducted with little attention in the public eye. However, quite quickly after the attacks on 9/11, it became apparent the Bureau had major functional difficulties that prevented their "connecting the dots" in the 9/11 conspiracy. Several reports have been produced that are extremely critical of the FBI, however, well before those reports were made public, the FBI had nearly overnight made their own changes and quickly became the centerpoint, at least for some time, for counterterrorism in the U.S.

To understand the problems, one must look at FBI history. In the 1960s, the FBI was accussed of wrong doing in domestic spying. The cases, while overblown, did call to attention the rights of private citizens in the U.S. While a few laws creating limitations on any Federal Agencies surveillance of U.S. citizens at home, decades of bureaucratic abuse of rules and regulations created an environment which made the collection of information on suspected terrorists so difficult, that not only did information become untimely, but in some cases, could not be acted upon.

Prior to 9/11 it was recognized, however, that in order to follow the conduct of suspected terrorists in the U.S., relief for surveillance needed to be granted. The Foreign Intelligence Surveillance Act, provided a special federal magistrate panel to review requests for surveillance on suspected foreign agents. The FISA court, as it soon came to be known, forces the federal agency to apply for relief by providing an abundance of documentation and what some might call draconian over-abundance of probable cause. FISA relief was also temporary, in that a FISA "warrant" allowing surveillance would eventually expire and the agency would then have to apply for renewal with yet even more draconian requirements.

There is a documented case where FBI agents in one office might have had a key piece of evidence that could have exposed the 9/11 plot, however, due to the bureacracy and the draconian investigative requirements, the evidence did not come to light until well after the events on September 11, 2001.

After 9/11, several major changes occurred. First and foremost, the FBI established a new philosophy for counterterrorism (and indeed for counterintelligence) operations -- specifically a focus to protect and prevent over eventual prosecution. This also involved a central clearing house for information relative to terrorist activities inside the U.S. and much improved communications with other U.S. Intelligence Community agencies in order to stay ahead of terrorists before they entered the U.S.

However, after a number of reports highly critical of the FBI were released, the FBI has directed to reorganize the counterterrorism and counterintelligence tasks under a new Executive Assistant Director for the FBI's National Security Service.

Sources:

Presidential Memorandum Directing Creation of the NSS, President George Bush, The White House, 6/29/2005
The U.S. Department of Justice Organizational Chart, U.S. Department of Justice (MILNET Mirror)
The U.S. Department of Justice Organizational Structure, U.S. Department of Justice
The FBI Org Chart, U.S. Department of Justice, June 3, 2004 (MILNET Mirror)
The FBI Organizational Structure, U.S. Department of Justice, June 3, 2004
The Federal Burean of Investigation, John Pike, FAS, 8/18/1998
The FBI Field Office, Kaleka Net, undated