Testimony of Louis J. Freeh,
Director, FBI
Before the Senate Committee
on Appropriations, Subcommittee for the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
March 7, 2000
"Fiscal Year 2001 Budget
Request"
Good morning, Mr. Chairman and
members of the Subcommittee. Once again, I am pleased to discuss
the Fiscal Year (FY) 2001 budget request for the Federal Bureau
of Investigation (FBI). It is a privilege to be joined by
Donnie Marshall, the Acting Administrator for the Drug Enforcement
Administration, and Doris Meissner, the Commissioner for the
Immigration and Naturalization Service.
The work of the FBI, whether
it is catching criminals, drug traffickers, terrorists, and
spies; providing training, investigative assistance, and forensic
and identification services to our law enforcement partners;
or developing new crime-fighting technologies and techniques,
is made possible by the strong support of this Subcommittee.
On behalf of the men and women of the FBI, I thank you.
Overview of FY 2001 Budget
Request
For FY 2001, the FBI is requesting
a total of $3,280,749,000 and 25,635 permanent positions (10,752
agents) for its Salaries and Expenses and Construction appropriations.
This request includes direct program increases totaling 360
new positions, including 65 new agents, and $165,692,000 for
eight budget initiatives: Counterintelligence; Information
Collection, Management, and Analysis; Training; Investigative
Support; Counterterrorism; Violent Crimes; Technology/Cyber
Crimes; and Law Enforcement Services.
In addition to direct funded
resources, the FY 2001 budget request assumes a total of 3,586
reimbursable positions (1,076 agents)and 3,453 workyears.
For FY 2001, the Administration is proposing to implement
a user fee to pay for the costs of operating the National
Instant Criminal Background Check System (NICS). The FBI estimates
that the NICS program will require a total of 642 positions
and workyears to operate, at a cost of $71,552,000, which
would be provided by fees. This amount includes funding to
implement a program of notifying appropriate State or local
law enforcement when an ineligible person attempts to purchase
a firearm. Under the auspices of the Interagency Crime and
Drug Enforcement (ICDE) program, the FBI would be reimbursed
for a total of 981 positions (592 agents) and $112,468,000
for FBI drug and gang-related task force investigations and
operations. Pursuant to the Health Care Insurance Portability
and Accountability Act of 1996, the FBI will receive $88,000,000
in FY 2001 to fund 776 positions (445 agents) for health care
fraud enforcement.
Counterintelligence
Despite the fall of the Iron
Curtain and the emergence of democracy in many of the countries
formerly under the rule of communism, the threat posed to
U.S. national, military, and economic security from foreign
countries remains significant. Investigations in this area
have become more complex as the focus of foreign intelligence
services have expanded from traditional Cold War traditional
military-related targets to new areas, including technology,
intellectual property, and economic activity. The FBI continues
to work closely with the intelligence community to identify
and reduce the presence of hostile intelligence services in
the U.S. To keep pace with the changing counterintelligence
threat to the U.S., the FBI is proposing a counterintelligence
initiative that would provide an additional $19,115,000 and
138 positions (63 agents) for this mission-critical area.
Information Collection, Management,
and Analysis
To be successful, the FBI must
have the capacity for collecting, storing, managing, analyzing,
and disseminating case and intelligence information on a timely
basis to its own investigative personnel, as well as other
federal, State, and local law enforcement and the intelligence
community. Existing systems and capacities must be upgraded
to meet increased investigative demands. New technologies
also present opportunities for making for effective and timely
use of case information and intelligence currently being collected.
For FY 2001, the FBI is requesting a total of $74,227,000
and 74 positions to enhance its information collection, management,
and analysis capacities.
Digital Collection Systems. Since 1968, the Congress has provided the FBI
and other federal law enforcement agencies with authorities
that can be used under certain conditions during investigations
of criminal activities to conduct electronic surveillance,
including the interception of voice and data communications.
Authorities governing the conduct of electronic surveillance
in national security investigations were passed by the Congress
in the Foreign Intelligence Surveillance Act. These authorities
carefully balance each citizens Fourth Amendment rights
under the Constitution with law enforcements mission
to protect national security and maintain public safety.
For FY 2001, the FBI is requesting
an increase of $25,300,000 and four positions to begin a multi-year
project for replacing existing analog-based collection systems
in each of its 56 field offices with new digital collection
systems. The new digital systems will use both off-the-shelf
commercial and specially-developed technology. Digital technology
presents the means for obtaining higher quality and clearer
recordings, which, in turn, will allow the FBI to improve
the processing, translation, dissemination, and analysis of
materials. New digital systems would also be compliant with
digital-based solutions being implemented by the telecommunications
industry under the Communications Assistance for Law Enforcement
Act (CALEA) of 1994. Within a few years, analog access to
conduct court-authorized intercepts of communications will
disappear.
Additionally, the FY 2001 budget
proposes an allocation of $10,000,000 from the Department
of Justice Assets Forfeiture Fund Super Surplus, if available,
for a multi-year initiative for storing, archiving, and managing
lawfully collected electronic surveillance intelligence and
evidentiary materials. This database would facilitate integration
of electronic surveillance data with the FBIs Information
Sharing Initiative.
Information Sharing Initiative. The underlying information technology infrastructure
of the FBI is not adequate to meet either the present-day
or near-term information technology needs and capacities of
the FBIs criminal investigative and national security
programs. To establish the requisite information technology
infrastructure and develop the data processing, analysis,
and dissemination capacities considered essential to satisfy
criminal investigative and national security requirements,
the Information Sharing Initiative strategy was developed.
To date, Congress has supported
the FBI by making $80,000,000 available for investment in
the Information Sharing Initiative strategy, including $20,000,000
in FY 2000 and $60,000,000 in FY 1999. Consistent with Congressional
instructions, none of these funds have not been obligated.
The FBI continues to consult with the Congress to obtain the
necessary concurrence for the Information Sharing Initiative
strategy. The FY 2001 budget proposes an investment of $60,000,000
for the Information Sharing Initiative, consisting of $20,000,000
in base funding and $40,000,000 in new funding. Additionally,
$838,000 is requested to hire 15 new computer specialists
to support equipment installation and operations.
Language Services. FBI investigations are increasingly affected by
international criminal activities and emerging criminal enterprises
and alliances that transcend national boundaries. The FBIs
success in preventing international crime groups from establishing
criminal operations in the U.S., as well as investigating
those criminal activities that do occur, depends upon the
capability to translate both foreign language conversations
recorded during court-authorized electronic surveillance and
records, documents, and other materials obtained during the
course of an investigation.
In addition to employing a cadre
of translators, the FBI uses the services of contract linguists
for short-term, mission-critical criminal and national security
investigations. Contract services are especially critical
for supporting an increasing number of FBI cases involving
less commonly spoken languages. The FBI has not been able
to translate all of the recorded audio conversations and documents
it has obtained during investigations. To provide more timely
translation services for investigations, the FY 2001 budget
proposes an increase of $5,000,000 for contract translation
services.
Intelligence Analysts. The FBI Strategic Plan recognizes the key role
and importance of intelligence in each of its criminal investigative
and national security programs. To maximize the use of existing
intelligence resources and to develop the necessary integrated
intelligence capacity needed for the future, the FBI recently
consolidated criminal and national security intelligence analysts
under the management of the Investigative Services Division
at FBI Headquarters. An aggressive initiative to enhance FBI
analytical capabilities, the Intelligence Capabilities for
the Millennium (ICAP-2000), is being undertaken to establish
standardized core skills and competencies and to develop a
training curriculum for analysts. In addition to enhancing
the capabilities of existing analysts, there is a need for
additional analysts to support investigators at the field
level with case, or tactical, intelligence and national program
managers at FBI Headquarters with strategic intelligence.
To improve its analytical capabilities,
the FY 2001 budget proposes an increase of $3,089,000 to hire
55 new Intelligence Research Specialists (IRS) for national
security investigations. Twenty eight (28) IRSs would be allocated
to FBI field offices to assist case agents through the development
of tactical analysis and 27 IRSs would be assigned to FBI
Headquarters to support national program managers through
the development of strategic analysis.
Training
The FBI's ability to respond
to the difficult and complex challenges from crime, threats
of terrorism, and hostile intelligence services, requires
a well-trained workforce that possesses the skill sets needed
to be effective in their jobs. The importance of training
in today's law enforcement environment is further heightened
by the rapid pace of technological change and the changing
scope of the FBI's investigative mission. In April 1999, the
FBI adopted a comprehensive policy for the continuing development
and training of FBI employees that emphasizes the importance
of training and continuous learning. Under this new policy,
all FBI Agents and support employees are now required to obtain
the equivalent of no fewer than 10 hours of developmental
training annually, and over a 3-year period, not less than
50 hours of developmental training. The FBI will use traditional
"classroom" training at the FBI Academy, distance
learning, specialized training from vendors, and computer-based,
interactive technology to assist employees in satisfying this
requirement. For FY 2001, the FBI proposes increases totaling
$8,395,000 for training programs, technology, and firearms
range modernization.
FBI Academy Training. The FBI's primary training venue is the FBI Academy,
located at Quantico, Virginia. With the recent opening of
the Justice Training Center, the FBI has regained approximately
20 percent of the Academy's dormitory capacity that was previously
allocated for the Drug Enforcement Administration. This equates
to being able to provide one-week of training to an additional
7,000 FBI employees. To make full use of the training and
dormitory capacity of the FBI Academy, an additional $2,800,000
is required to pay for the travel of 7,000 additional FBI
students. Without this additional funding, the FBI will not
be able to use the FBI Academy at its full capacity level.
Interactive Multi-media Courses. Not all FBI training requirements can be satisfied
with one approach to training. Rather, a combination of classroom,
distance-learning, and computer-based, multi-media instruction
packages are needed to meet the varying needs and schedules
of both training programs and individual students. Technology-based
training methods provide an opportunity to deliver training
to employees with a high degree of effectiveness, yet at a
substantial cost savings over traditional "on-site"
training.
The FBI believes interactive,
multi-media technology offers the potential for meeting training
needs in several areas, particularly through self-paced courses
on core topics such as informant development, interviewing
and interrogation, and case management. An initial CD-rom
based multi-media course, "Interview and Interrogation,"
has proven very successful and has been incorporated into
the New Agent training curriculum. The course is also used
by more experienced field agents to refresh their knowledge
and skills. The FBI has made copies of the course available
to all federal, state, and local law enforcement. Funding
totaling $1,500,000 is requested to prepare four additional
interactive, multi-media courses on the topics of Informant
Development, Basic Criminal Investigation, Leadership and
Management, and Ethics.
Development of Analytical
Capabilities. The
FBI cannot achieve the goals of its strategic plan without
a substantial improvement in the skills and expertise of its
existing analytical cadre. All investigative program managers
have cited weaknesses in analytical capability as a key shortfall
in their ability to undertake proactive investigations and
identify emerging groups and crime trends. To correct these
shortfalls and assure quality analysis, all FBI analysts must
achieve a high standard of professional skill and expertise.
In recognition of this situation,
the FBI has begun a multi-year initiative, the Intelligence
Capabilities for the Millennium (ICAP-2000), to overhaul the
existing analytical infrastructure. The development and implementation
of a comprehensive, standardized training program is a central
component of this effort. For FY 2001, an increase of $1,000,000
is requested for analytical training programs. This funding
will allow the FBI to provide analysts with basic training
in FBI investigative programs and techniques, analytical thinking,
briefing techniques, report writing, and critical analytical
technologies, such as telephone analysis. Additionally, analysts
would be afforded advanced training in specialized areas and
substantive issues, such as money laundering, narcotics trafficking,
denial and deception techniques, and foreign area studies,
that will enhance individual areas of expertise and knowledge.
Specialized Training. FBI criminal and national security investigations
often depend upon the use of sophisticated technical equipment,
systems, and techniques that gather evidence of illegal activities
and/or intelligence information on planned activities. Each
FBI field office requires specially trained personnel -- Technically
Trained Agents and Electronic Technicians -- who support the
use of these systems and techniques during investigations
and surveillances.
The current complement of Technically
Trained Agents is being stretched thin by both increasing
operational requirements and the loss of experience due to
recent retirements, reassignments, and promotions. Additionally,
due to the fast-pace of changes in technology, both Technically
Trained Agents and Electronic Technicians require an on-going
program of technical instruction. This specialized instruction
is provided at both the Engineering Research Facility located
at the FBI Academy and through commercial sources. An increase
of four positions and $1,195,000 is requested in FY 2001 for
FBI Technically Trained Agents and Electronic Technicians
training programs.
FBI Academy Firearms Range
Modernization. With
the support of the Congress, the FBI has undertaken a plan
to modernize the FBI Academy Firearms Ranges. The existing
ranges need modernization to increase capacity, minimize environmental
impact, and improve the safety of FBI and Drug Enforcement
Administration firearms training. With funding previously
provided, the FBI has completed an environmental assessment,
developed a master plan for the project, and completed architectural
engineering and design. Remaining funding available will also
allow us to compete a contract for construction of three 25-yard
all-weather ranges, a stress obstacle course, and lead abatement.
For FY 2001, an increase of
$1,900,000 is requested to continue the FBI Academy Firearms
Range Modernization project. This funding would allow the
FBI to continue lead abatement and construct an ammunition
storage facility. This facility would replace two existing,
makeshift storage facilities that do not comply with existing
Department of Defense safety standards, which is a requirement
due to the location of the ranges at the U.S. Marine Corps
Base, Quantico.
Investigative Support
The Investigative Support budget
initiative address increased funding requirements for the
daily basic operational requirements of field investigators
and FBI Headquarters. The FY 2001 budget proposes increases
totaling $20,534,000 for four key items: telecommunications
services, criminal case operations funds, digital body recorders,
and program management support for implementation of the Communications
Assistance for Law Enforcement Act (CALEA) of 1994.
Telecommunications Services/ATM
Circuits. The FBI
operates a telecommunications infrastructure that was designed
in 1991 to support the Systems Network Architecture (SNA)/token
ring network. This network currently serves over 600 separate
FBI locations and has been maintained with few changes. This
design is ill-suited to supporting electronic case files that,
under the proposed Information Sharing Initiative (ISI), will
include imaged documents, video/voice segments, and intelligence
analyses. To satisfy the requirement for increased bandwidth
for transmitting images, video, and voice, the FBI is migrating
to the Asynchronous Transmission Mode (ATM) adopted by the
Department's Justice Consolidated Network (J-CON).
For FY 2001, the FBI is requesting
an increase of $14,334,000 to begin the acquisition of ATM
circuits to support its telecommunications network. For FY
2001, the FBI intends to provide ATM circuits for key network
concentration sites, large field offices, FBI Headquarters,
the FBI Academy, the Clarksburg, West Virginia, fingerprint
card processing center, and larger resident agencies. The
migration to ATM circuits is being staged with the implementation
plan for the ISI project.
Criminal Case Funds. The FBI Strategic Plan recognizes the importance
of gathering, analyzing, and disseminating intelligence and
of focusing investigative efforts against criminal activities
with a regional, national, or international nexus. Information
supplied by informants and cooperating witnesses often serves
as the predicate for these types of major, long-term investigations.
Criminal organizations of the type, scope, and complexity
investigated by the FBI have both the illicit wealth and intense
loyalty (maintained by fear of violent reprisal) that frustrate
traditional law enforcement investigative efforts. To counter
this challenge, the FBI requires funding for a range of case
operational costs, such as the lease of telephone lines to
conduct court-authorized interceptions of communications,
the rental of off-site space, lease of covert vehicles, witness
protection expenses, and covert travel by undercover agents,
informants, and cooperating witnesses.
For FY 2001, the FBI requests
an increase of $2,100,000 for criminal case operating funds
and the purchase of information.
Digital Body Recorders. Audio recordings of conversations between or among
subjects of a criminal investigation and informants, undercover
agents, or cooperating witnesses often provide clear evidence
of an individual's involvement in illegal activities. These
recordings are made in strict compliance with existing guidelines
and statutes. The evidence obtained from consensual-monitoring
is used extensively in court to demonstrate the complicity
of a person in a criminal activity. The investigative environment
in which this investigative technique is used presents a high
risk to the personal safety of the person wearing a recording
device. New digital technology allows for much smaller and
less conspicuous devices, as well as improvements in recording
clarity and capacity. Additionally, digital devices are less
susceptible to commercially-available countermeasures technology
used by criminals to detect the presence of these devices.
The FBI is requesting an increase
of $2,000,000 to replace existing analog body recorder devices
with newer digital devices.
CALEA Implementation Support. The Attorney General has delegated to the FBI
responsibility for managing the implementation of the CALEA.
The FBI has adopted a three-phase approach toward achieving
CALEA compliance. Phase One consists of working with telecommunications
manufacturers and carriers to describe law enforcement's technical
capability and capacity-related electronic surveillance needs.
Phase Two consists of resolving and finalizing the legal and
regulatory issues regarding implementation. Phase Three consists
of ensuring CALEA compliance by working with carriers as solutions
are deployed, assisting carriers as Systems Security and Integrity
rules and procedures are adopted, and seeking enforcement
against carriers for noncompliance. These phases remain consistent
regardless of the specific telecommunications technology being
pursued. The FBI's current focus is on achieving the deployment
of CALEA solutions for wireline, cellular and broadband Personal
Communications Systems (PCS) technology.
By FY 2001, emerging technologies
service providers of Enhanced Specialized Mobile Radio, two-way
paging, and Mobile Satellite Service will have grown and possibly
exceed the number of cellular and PCS carriers today. These
technologies fall within the scope of the CALEA and require
adherence to law enforcement technical and capacity requirements.
The FY 2001 budget request includes an enhancement totaling
$2,100,000 for CALEA implementation support activities, including
support for the Law Enforcement Technical Forum, facilities
operations, and travel related to consultation, standards,
regulatory, and solution development activities.
Counterterrorism
The United States continues
to face a serious, credible threat from terrorists both abroad
and at home. The number of groups and individuals capable
of carrying out a terrorist act has increased over the past
several years. Of particular concern to the FBI are groups
and individuals for which political or religious beliefs constitute
sufficient motivation for carrying out a devastating terrorist
act.
To deal effectively with domestic
and international terrorism, the FBI must concentrate on both
prevention and response. The FBIs counterterrorism strategy
is focused upon five inter-related elements to build and maintain
an operational capacity for identifying, preventing, deterring,
and investigating terrorist activities. First, the FBI must
have the capacity to respond to acts of terrorism committed
in the U.S. and abroad when those acts are directed against
the U.S. government or its interests. Second, the FBI must
have the capacity to receive, react to, and disseminate counterterrorism
information. Third, the FBI must develop its internal capacities
to support proactive counterterrorism programs and initiatives.
Fourth, the FBI must have the capacity to establish and maintain
sound and productive relationships with other domestic and
foreign law enforcement and intelligence counterparts. Fifth,
the FBI must have the capacity to use all of the necessary
assets and capabilities of the FBI and other U.S. government
agencies to support and initiate complex investigations and
operations against domestic and international terrorists and
terrorist organizations. For FY 2001, the FBI is requesting
increases totaling $13,100,000 to improve and enhance existing
counterterrorism initiatives.
Weapons of Mass Destruction
Preparedness. At the
forefront of U.S. government counterterrorism planning and
preparation efforts is the threat of chemical and biological
terrorism. Internationally, there is credible intelligence
that terrorist organizations are attempting to acquire a capability
for weapons of mass destruction. Domestically, a growing number
of individuals acting alone and splinter elements within extremist
groups have obtained or attempted to develop and employ chemical,
biological, or radiological materials. Within the spectrum
of terrorist threats, the FBI continues to believe the actual
threat of a chemical or biological terrorist attack to be
low; however, the consequences of such an act could be devastating.
To continue on going efforts to prepare for a terrorist event
using weapons of mass destruction, the FBI is requesting an
increase of $3,500,000.
The National Domestic Preparedness
Office (NDPO) was established to serve as the focal point
for federal efforts in support of the State and local emergency
responder community. The NDPO, which is managed by the FBI
and is staffed by representatives from other federal agencies
and State and local detailees, is organized around six program
areas: planning, training, exercises, equipment/research and
development, information sharing and outreach, and public
health and medical services. For FY 2001, an increase of $563,000
is requested by the FBI for NDPO principal stakeholder and
functional area conferences.
Funding is proposed in the FY
2001 budget for the Department of Justice to assume responsibility
for several activities currently being performed by the Department
of Defense under the auspices of the Domestic Preparedness
Program. The budget proposes that the NDPO assume responsibility
for the Chemical and Biological Helpline which provides emergency
responders and planners across the United States with information
on a non-emergency basis to plan, mitigate, and prepare for
the effects of a chemical or biological terrorist incident.
The cost of assuming helpline operations is $731,000. Additionally,
the Weapons of Mass Destruction Operations Unit within the
Counterterrorism Division at FBI Headquarters would assume
responsibility for the Chemical and Biological Hotline operated
by the National Response Center. The hotline receives incident
information and provides technical assistance during a suspected
or actual chemical or biological incident. The cost of assuming
hotline operations is $2,206,000.
2002 Winter Olympics Preparation. The 2002 Winter Olympic Games have been designated
a National Special Security Event. Consistent with responsibilities
for intelligence collection and crisis management contained
in PDD-39 and PDD-62, the FBI is working with the United State
Secret Service and other federal, State, and local law enforcement
and consequence management agencies to plan for security and
public safety issues for the 2002 Winter Olympic Games that
will be hosted by Salt Lake City, Utah.
For FY 2001, the FBI requests
increases totaling $1,100,000 for 2002 Winter Olympic Games
preparation. This funding will support planned interagency
training exercises, the acquisition of telecommunications
and related equipment for a joint interagency operations/intelligence
center, and specialized cold weather equipment.
Hazardous Devices School. The Hazardous Devices School is the only formal
domestic training school for State and local law enforcement
to learn render safe and bomb disposal operations. Located
at Redstone Arsenal, Huntsville, Alabama, the school is managed
by the FBI Laboratory. The Hazardous Devices School is the
only location where bomb technicians receive basic training
and certification in accordance with standards established
by the National Bomb Squad Commanders Advisory Board.
After receiving initial certification, technicians are required
to be recertified every three years.
For FY 2001, there is a need
to train 1,335 students at the Hazardous Devices School. To
provide that level of training, the FBI requires an increase
of $2,900,000.
Counterterrorism Research
and Development. In
FY 1998, the Congress made available $10,500,000 to the FBI
under the Attorney Generals Counterterrorism Fund to
initiate several research and development activities, including
$5,000,000 for explosives detection and counterterrorism projects,
$2,500,000 for data exploitation projects, $1,000,000 for
cyber training curriculum development and training at the
FBI Academy, and $2,000,000 to establish a partnership with
the Southwest Surety Institute.
For FY 2001, the FBI requests
an increase of $5,000,000 to continue and expand counterterrorism
research and development projects initiated with FY 1998 funding.
Violent Crimes
The focus of the Violent Crimes
budget initiative for FY 2001 is on improving federal law
enforcement services in Indian Country. Native Americans and
others living in Indian Country are not sharing in the decline
in violent crimes that is occurring in countless other American
communities. The homicide rate in Indian Country remains three
times greater than the national average. Crimes against children,
including sexual and physical assaults, continue to plague
Indian Country. Youth gangs present a threat to public safety.
Drug trafficking is becoming a major problem. Thirty-two FBI
field offices have some degree of investigative responsibility
in Indian Country, ranging from exclusive jurisdiction --
19 field offices -- to concurrent federal and state jurisdiction.
For FY 2001, the FBI is requesting an increase of $4,639,000
and 31 Victim/Witness Specialists to improve its services
to Indian Country.
Safe Trails Task Forces. The FBI has adapted its successful Safe Streets
Task Force concept to maximize the use of limited FBI, local,
tribal, and Bureau of Indian Affairs staffing to address significant
violent crime problems in Indian Country. The first Safe Trails
Task Force was established in 1995 by the Phoenix Field Office
to work on the Navajo Nation in Arizona. Presently, the FBI
sponsors 10 Safe Trails Task Forces in Gallup, New Mexico;
Carson City, Nevada; Green Bay, Wisconsin; Flagstaff, Arizona;
Monticello, Utah; Riverton, Wyoming; Rapid City, South Dakota;
Tucson, Arizona; Phoenix, Arizona; and Glasgow, Utah. These
task forces are staffed by 31 FBI Agents, 2 Bureau of Indian
Affairs criminal investigators, 49 tribal police officers,
and 19 local police officers.
In some areas, an obstacle to
full-time participation by a local or tribal law enforcement
agency is a lack of funding for overtime and related costs.
For FY 2001, the FBI requests an increase of $634,000 for
the overtime costs of State and local law enforcement participation
on FBI-sponsored Safe Trails Task Forces.
Indian Country Forensic Examinations. The investigation and successful prosecution of
crimes committed in Indian Country depends, first, upon investigators
identifying and collecting evidence at crime scenes and, second,
the timely examination and analysis of evidence. To address
a growing workload of forensic examinations resulting from
Indian Country investigations, and to improve the timeliness
of results of forensic examinations to investigators and prosecutors,
the FBI entered into a contract with the Arizona Department
of Public Safety Laboratory for the examination of evidence
collected at Indian Country crime scenes by agents assigned
to our Phoenix Field Office. This arrangement has proven highly
effective and successful.
For FY 2001, the FBI proposes
to expand this program to include three additional field offices
-- Salt Lake City, which covers Utah, Idaho, and Montana;
Minneapolis, which covers Minnesota, South Dakota, and North
Dakota; and Albuquerque, which covers New Mexico. The estimated
annual cost for these three additional contracts is $1,405,000.
Indian Country Victim/Witness
Services. Among the
most significant obstacles for the FBI and other law enforcement
investigating crimes in Indian Country is overcoming the reluctance
of Native American victims and witnesses to cooperate in the
criminal justice system. Cooperating with the criminal justice
process can often present a hardship to Native American victims
living in Indian Country. Victims and witnesses of violent
crimes in the Indian Country often live long distances from
the offices and courtrooms of government attorneys, magistrates,
and judges, where they must appear as participants in the
judicial process. For example, a resident of the Turtle Mountain
Indian Reservation must travel 600 miles round-trip to testify
before a Federal Grand Jury in Minot, North Dakota. A child
sexually abused on the Fort Peck Reservation in Montana must
be transported 350 miles to Billings for a medical examination
and evaluation. Victim/witness services, such as assistance
with transportation, overnight lodging, and preparation of
impact statements for sentencing, which are readily available
to many citizens in urban, suburban, and rural communities
are not accessible to those living in Indian Country.
Through its Victim/Witness Assistance
Program, the FBI is working to build confidence and cooperation
in Indian Country. Presently, the FBI employs four Victim/Witness
Specialists who are assigned to resident agencies covering
Indian Country. While few in number, these individuals are
contributing in a positive way. An FBI Victim/Witness Specialist
in Billings, Montana, has helped the U.S. Probation Office
implement an adult and juvenile sex offender treatment program
on three area Indian reservations. She is also assisting the
Crow Sex Offender Registration committee draft tribal legislation
to register all sex offenders on the reservation. Victim/witness
specialists assist FBI Agents by assisting in arranging for
medical treatment, trial preparation, transportation to/from
trials and other proceedings, and securing services to which
they are entitled. For FY 2001, the FBI requests an increase
of $2,600,000 to hire 31 additional Victim/Witness Specialists
for assignment to FBI Resident Agencies serving Indian Country.
Technology/Cyber Crimes
In recent years, technological
advances have fundamentally changed the way of life in this
country. Computers and networks allow millions of individuals
to access on a daily basis a broad range of information services,
databases, commerce, and communications capabilities that
were previously unavailable. A combination of reduced cost
for computer technology and increased storage capacity allows
the accumulation, storage, and management of large amounts
of information by individuals on personal computers and peripheral
devices. Most FBI investigations, especially those in organized
crime, drug trafficking, crimes against children, white-collar
crime, counterintelligence, and counterterrorism are encountering
the use of computer technology to facilitate illegal activities.
As a result, the FBI must develop the investigative and forensic
capacities and capabilities to deal with the use of computer
technology by criminals and others to commit crimes or undermine
national security.
For FY 2001, the FBI's Technology/Cyber
Crimes budget initiative proposes increases totaling 108 positions
(2 agents) and $18,983,000 to enhance existing capabilities
in three cybercrime fighting areas: data forensics, counterencryption,
and Intellectual Property Rights investigations.
Data Forensics. One of the fastest growing demands from investigators
and prosecutors is for assistance by the FBI Laboratory Computer
Analysis and Response Team (CART) program for forensic examination
of evidence obtained from computers and computer storage media.
The data forensic process has three distinct phases: (1) acquisition,
which involves recognizing and seizing electronic data of
an evidentiary value from a computer, computer storage media,
or computer network; (2) examination, which is the process
of documenting the evidence, then locating, identifying, and
extracting the pertinent data; and (3) presentation, which
requires the formatting of relevant and technical evidence
for use by investigators and prosecutors.
The FBI's capacity for performing
CART examinations is not keeping pace with the demand for
CART assistance. In FY 1999, the FBI was only able to satisfy
1,900, or 54 percent of the 3,500 requested CART examinations,
resulting in a backlog of 10.1 months. By FY 2001, the FBI
projects the demand for assistance will increase to 6,000
requests. Compounding the growth in the number of requests
for assistance is a significant increase in the amount of
data to be examined. Recently, hard disk drives have nearly
doubled in storage capacity annually, from 4.3 gigabytes in
1997 to 8.4 gigabytes in 1998 to 17 gigabytes in 1999. It
is expected that hard disk drives of between 60 and 80 gigabytes
will be available by the end of 2000. As the capacity of storage
media grows, the amount of time needed to perform forensic
examinations also increases. Without additional CART examiners
and data forensics examination tools, the FBI will be unable
to provide support to field investigators and prosecutors.
Building a CART program capacity
that will be able to deal with the demand for data forensics
will require a commitment that includes hiring, training,
and equipping additional examiners. To initiate such a commitment
in FY 2001, the FBI is requesting $8,571,000 to hire, train,
and equip 100 new CART examiners for assignment to field offices
(83 positions) and the FBI Laboratory (17 positions).
Additionally, the FBI is requesting
an increase of $2,800,000 to continue the development of the
Automated Computer Examination System (ACES). ACES is used
by CART examiners to automatically scan and review personal
computer files for their format and type. Computer operating
systems and applications software are continually upgraded
and modified by industry. Similarly, the FBI must be able
to upgrade ACES to keep pace with these changes, otherwise,
ACES will lose its value as a forensic technique. The FBI
intends to provide ACES to all FBI field offices, as well
as other federal, State, and local law enforcement as part
of an effort to build data forensics capacities at all levels
of law enforcement.
Counterencryption. The widespread use of digitally-based technologies
and the expansion of computer networks incorporating privacy
features and capabilities through the use of cryptography
presents a significant challenge to the continued ability
of law enforcement to use existing electronic surveillance
authorities. The FBI is already encountering strong encryption
in criminal and national security investigations. In 1999,
53 new investigations encountered encryption. The need for
a law enforcement cryptanalytic capability is well documented
in several studies, including the National Research Council's
1996 report entitled, "Cryptography's Role in Securing
the Information Society." The report recommends high
priority be given to the development of technical capabilities,
such as signal analysis and decryption, to assist law enforcement
in coping with technological challenges.
The Administration supports
the enhancement of a centralized law enforcement capability
within the FBI for engineering, processing, and decrypting
lawfully intercepted digital communications and electronically
stored information. For FY 2001, the FBI requests an increase
of $7,000,000 to further develop an initial operating capability
that will allow law enforcement to obtain plain text and meet
the public safety challenges posed by the criminal use of
encryption. With this funding, the FBI intends to work with
existing national laboratories and other government agencies
to ensure all existing resources are used in executing processing
functions. This approach will prevent duplication of effort.
Additionally, the FBI plans to acquire necessary computer
hardware, software tools, technical expertise, and services
to develop capacities in four counterencryption program areas:
(1) analytical engineering; (2) signal analysis research; (3) counterencryption deployment;
and (4) industry-assisted technology transfer.
Intellectual Property Rights. Currently, the U.S. is the world leader in the
development of creative, technical, and intellectual property.
The U.S. economy is increasingly dependent on the production
and distribution of intellectual property. Intellectual property
right infringement includes both violations of the Economic
Espionage Act as well as traditional copyright and trademark
violations. A growing percentage of intellectual property
right violations now have an Internet element. Web sites can
be accessed that allow individuals to distribute and download
pirated materials, resulting in substantial losses to U.S.
companies that invest millions of dollars in product development.
For FY 2001, the FBI is requesting
an increase of 8 positions (2 agents) and $612,000 to help
staff an interagency Intellectual Property Rights Center.
The center, which is expected to become operational in 2000,
was conceived by the FBI, Department of Justice, and United
States Customs Service, to improve the coordination of intellectual
property rights investigations and to enhance the exchange
and analysis of intelligence on these types of activities.
All government agencies having responsibility for intellectual
property rights matters, including the Office of the U.S.
Trade Representative, the Patent and Trademark Office, and
the Copyright Office, will be invited to participate.
Law Enforcement Services
For FY 2001, the FBI is requesting
an increase of 5 positions and $6,699,000 for its Law Enforcement
Services budget initiative.
Federal Convicted DNA Offender
Database. All 50 states
have enacted legislation that requires blood samples to be
taken from felons convicted of various qualifying offenses.
DNA profiles from these blood samples are entered into the
Combined DNA Identification System (CODIS). Presently, individuals
convicted of comparable offenses in federal courts, military
courts, and the District of Columbia are not required to submit
blood samples. Consequently, these populations of violent
criminals who may be released back into our communities, including
those convicted of sexual assaults against children, are not
in the CODIS. As a result, when a law enforcement agency compares
DNA recovered at a crime scene against CODIS, the database
will not contain samples from persons who may be logical suspects
because DNA profiles from federal, military, and District
of Columbia offenders are not available.
Funding totaling $5,335,000
and 5 positions are requested to implement the Federal Convicted
Offenders DNA Database, which was authorized by the Anti-Terrorism
and Effective Death Penalty Act of 1996. Implementation of
this database requires clarifying legislative authority, which
has been submitted to the Congress by the Department of Justice.
This funding would allow the collection and processing of
DNA samples from an estimated 20,000 individuals currently
incarcerated after being convicted in federal, military, and
District of Columbia courts of qualifying offenses.
National Integrated Ballistics
Identification Network (NIBIN).
In December 1999, the FBI and the Bureau of Alcohol, Tobacco,
and Firearms (BATF) entered into a Memorandum of Understanding
for joint agency implementation of the NIBIN, a single federal
ballistics imaging system. NIBIN will combine the best features
of the BATF Integrated Bullet Identification System and the
FBI DRUGFIRE system. Under the provisions of the agreement,
the FBI is responsible for the nationwide NIBIN communications
network and connectivity between system sites and the national
network. BATF is responsible for NIBIN hardware and software
development and installation, training, security, maintenance,
user protocols and support, and quality control. This joint,
integrated approach to ballistic imaging will benefit all
federal, state, and local law enforcement agencies by ending
the competition between systems and providing law enforcement
with enhanced crime-fighting technology from the FBI and BATF.
Under the agreement, BATF will
replace existing DRUGFIRE systems, subject to the availability
of funds. BATF plans to replace 10 DRUGFIRE units in 2000,
73 in 2001, and 68 in 2002. During the transition period,
the FBI will continue to support DRUGFIRE systems not yet
replaced and NIBIN communications requirements. For FY 2001,
the FBI requests an increase of $1,364,000 for NIBIN connectivity.
The FBI is using its existing nationwide Criminal Justice
Information Services - Wide Area Network (CJIS-WAN) as the
communications backbone for NIBIN.
Related Departmental Funding
Requests
Mr. Chairman, I would like to
highlight several requests for funding included within other
Department of Justice programs that are considered important
to FBI initiatives and programs.
Telecommunications Carrier
Compliance Fund. Within
the General Administration appropriation, a total of $120,000,000
is proposed for the Telecommunications Carrier Compliance
Fund (TCCF). These funds, along with another $120,000,000
proposed by the Administration under the Department of Defense,
will support ongoing efforts to implement the Communications
Assistance for Law Enforcement Act of 1994 (CALEA).
In September 1999, the FBI,
Department of Justice, Ameritech Services, Inc., and Nortel
Networks, Inc. entered into the first software right-to-use
license agreement covering one wireline switching platform.
Additionally, a license fee for three other switching platforms
was agreed to by Nortel Networks. Under the right-to-use agreement,
Nortel Networks will grant a CALEA software license to other
carriers at no charge for all switches of the same platform
type installed or deployed before January 1, 1995. The FBI
and the Department of Justice have reached an informal agreement,
subject to the availability of funds, with AG Communications,
Lucent Technologies, Motorola, and Siemens relative to nationwide
right-to-use licenses. When considered cumulatively, the switching
platforms of these five manufacturers account for approximately
90 percent of the historic lawfully-authorized electronic
surveillance activity conducted by federal, state, and local
law enforcement.
State and Local Bomb Technician
Equipment. Within
the funding proposed for the Office of Justice Programs (OJP),
$10,000,000 is included to continue an FBI Laboratory-managed
program of equipping State and local bomb technicians. Congress
provided a similar amount for this program in the FY 2000
appropriation. In FY 1999, the Department of Justice provided
$25,000,000 from the Working Capital Fund for the effort.
Continuation of funding for this program will ensure State
and local bomb squads are properly equipped to deal traditional
improvised and explosive devices, as well as the initial response
to devices that may be used by terrorists or others to release
chemical or biological agents. This initiative compliments
the State and local bomb technician training and accreditation
program that the FBI Laboratory provides at the Hazardous
Devices School, Redstone Arsenal, Alabama.
Grants for NIBIN, DNA Backlog
Reduction, and Regional Data Forensic Laboratories. Also, requested under Community Oriented Policing
Services (COPS) program is $10,000,000 for grants to reduce
the backlog of ballistic evidence in state and local agencies
for entry into the NIBIN system, $15,000,000 for grants to
reduce the backlog of DNA profiles for entry into the FBIs
national CODIS database, and $6,000,000 for grants to establish
regional data forensic laboratories. These proposals are related
to several on-going FBI Laboratory initiatives for improving
State and local crime-fighting and forensic capabilities.
Legislative Proposals
Mr. Chairman, the FY 2001 budget
requests includes two general provisions proposed by the FBI,
including: danger pay authority and foreign cooperative agreement
authority.
Danger Pay. Section 109 would extend to the FBI the same authority
that the Drug Enforcement Administration (DEA) currently enjoys
for authorizing danger pay for personnel assigned to high
risk overseas locations. For the FBI, this is both a pay equity
issue for FBI Agent assigned to DEA Country Offices and a
recognition of the increased threat facing FBI personnel performing
extraterritorial investigations in foreign locations due to
our counterterrorism responsibilities. At times, FBI personnel
are deployed to overseas locations where, due to the nature
of our work, they face a threat or hostile environment that
does not always extend to all members of the United States
diplomatic team in a particular country. This authority would
allow me to address those situations. This authority has been
requested by the Administration in each of the past three
budgets.
Foreign Cooperative Agreements. Section 110 would allow the FBI to credit to its
appropriation funding that is received from friendly foreign
governments for that countrys share of joint, cooperative
projects with the FBI. This authority would facilitate projects
with friendly foreign governments, especially in support of
our national security mission. The authority was first proposed
by the Administration last year, was adopted by the House,
but did not make its way into the final Conference bill.
Summary
Mr. Chairman, the budget proposed
for the FBI for FY 2001 addresses several of the critical
resource needs identified through our Strategic Planning process.
These important investments will allow the FBI to meet the
investigative and technological challenges we face as the
FBI enters the 21st Century. These investments will also enable
us to develop the core competencies that will allow us to
be successful in investigating crimes, protecting national
security, developing and sharing technical and forensic expertise,
and working better with our State, local, and international
law enforcement partners.
Congress, and this Subcommittee
in particular, has been extremely generous of its financial
support for the FBI over the past several years. Our successes
in the field, whether they be preventing pedophiles from luring
children over the Internet, to bringing terrorists from foreign
lands back to the U.S. to stand trial for their actions, to
protecting our nation's critical infrastructure from cyber
attacks, to fostering greater cooperation with foreign law
enforcement through new Legal Attach Offices, were made possible
because of your support for the FBI. As we look forward to
FY 2001, I am hopeful that we can continue to depend upon
your support.
Again, I thank you for this
opportunity to appear before the Subcommittee.
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