Good
morning Mr. Chairman, Senator Leahy, and Members
of the Committee. I am pleased to be here today to
update you on the FBI's substantial progress in the
counterterrorism and intelligence arenas since my
last appearance before the Committee. I would also
like to acknowledge that the progress the FBI has
made in reforming our counterterrorism and intelligence
programs is due in no small part to the enactment
of the USA PATRIOT Act.
Every day, the men and women of the FBI demonstrate
their determination to fulfill the great responsibility
that you, and the public, have entrusted to them. As
a result, the FBI has made steady progress in meeting
our highest priority of preventing terrorism. The terrorist
threat presents complex challenges. Terrorists move
easily across international borders, use sophisticated
technology to recruit, network, and communicate, and
finance their operations with elaborate funding schemes.
Above all, they are patient. They are methodical. They
are determined to succeed.
But the
FBI is equally determined to succeed. To defeat these
threats, the FBI must have several critical capabilities:
First, we must develop intelligence about terrorist
activity and use that intelligence to disrupt their
plans. Second, we must be global – we must work
closely with our counterparts at home and abroad to
develop and pool our collective knowledge and expertise.
Third, we must use cutting-edge information technology
to collect, analyze, manage, and share our information
effectively. Most importantly, we must work within
the framework of the Constitution, protecting our cherished
civil liberties as we work to protect the American
people.
Today, I would like to give you a brief overview of
the steps we have taken to put these critical capabilities
in place by reforming our counterterrorism and intelligence
programs, as well as overhauling our information technology.
Before I begin, however, I would like to acknowledge
that none of our successes would have been possible
without the extraordinary efforts of our partners in
state and municipal law enforcement and our counterparts
around the world. The Muslim, Iraqi, and Arab-American
communities have also contributed a great deal to the
war on terror. On behalf of the FBI, I would like to
thank these communities for their assistance and for
their ongoing commitment to preventing acts of terrorism.
The country owes them a debt of gratitude.
PATRIOT ACT
Mr. Chairman,
for over two and a half years, the PATRIOT Act has
proved extraordinarily beneficial in the war
on terrorism and has changed the way the FBI does business.
Many of our counterterrorism successes, in fact, are
the direct results of provisions included in the Act,
a number of which are scheduled to "sunset" at
the end of next year. I strongly believe it is vital
to our national security to keep each of these provisions
intact. Without them, the FBI could be forced back
into pre-September 11 practices, attempting to fight
the war on terrorism with one hand tied behind our
backs.
Let me give you just a few examples that illustrate
the importance of the PATRIOT Act to our counterterrorism
efforts:
First and
foremost, the PATRIOT Act – along
with the revision of the Attorney General's investigative
guidelines and the 2002 decision of the Foreign Intelligence
Surveillance Court of Review – tore down the
wall that stood between the intelligence investigators
responding to terrorist threats and the criminal investigators
responding to those same threats.
• Prior to September 11, an Agent investigating
the intelligence side of a terrorism case was barred
from discussing the case with an Agent across the hall
who was working the criminal side of that same investigation.
For instance, if a court-ordered criminal wiretap turned
up intelligence information, the criminal investigator
could not share that information with the intelligence
investigator – he could not even suggest that the
intelligence investigator should seek a wiretap to collect
the information for himself. If the criminal investigator
served a grand jury subpoena to a suspect's bank, he
could not divulge any information found in those bank
records to the intelligence investigator. Instead, the
intelligence investigator would have to issue a National
Security Letter in order to procure that same information.
• The removal of the "wall" has allowed
government investigators to share information freely.
Now, criminal investigative information that contains
foreign intelligence or counterintelligence, including
grand jury and wiretap information, can be shared with
intelligence officials. This increased ability to share
information has disrupted terrorist operations in their
early stages -- such as the successful dismantling
of the "Portland Seven" terror cell -- and
has led to numerous arrests, prosecutions, and convictions
in terrorism cases.
• In
essence, prior to September 11th, criminal and intelligence
investigators were attempting to put
together a complex jigsaw puzzle at separate tables.
The Patriot Act has fundamentally changed the way we
do business. Today, those investigators sit at the
same table and work together on one team. They share
leads. They fuse information. Instead of conducting
parallel investigations, they are fully integrated
into one joint investigation.
• Because
of the creation of the Terrorist Threat Integration
Center, and because the FBI has dramatically
improved its information sharing with the CIA, the
NSA, and a host of other federal, state, local and
international partners, our resources are used more
effectively, our investigations are conducted more
efficiently, and America is immeasurably safer as a
result. We cannot afford to go back to the days when
Agents and prosecutors were afraid to share information.
Second,
the PATRIOT Act gave federal judges the authority
to issue search warrants that are valid outside the
issuing judge's district in terrorism investigations.
In the past, a court could only issue a search warrant
for premises within the same judicial district – yet
our investigations of terrorist networks often span
multiple districts. The PATRIOT Act streamlined this
process, making it possible for judges in districts
where activities related to terrorism may have occurred
to issue search warrants applicable outside their immediate
districts.
In addition,
the PATRIOT Act permits similar search warrants for
electronic evidence such as email. In
the past, for example, if an Agent in one district
needed to obtain a search warrant for a subject's email
account, but the Internet service provider (ISP) was
located in another district, he or she would have to
contact an AUSA and Agent in the second district, brief
them on the details of the investigation, and ask them
to appear before a judge to obtain a search warrant – simply
because the ISP was physically based in another district.
Thanks to the PATRIOT Act, this frustrating and time-consuming
process can be averted without reducing judicial oversight.
Today, a judge anywhere in the U.S. can issue a search
warrant for a subject's email, no matter where the
ISP is based.
Third, the
PATRIOT Act updated the law to match current technology,
so that we no longer have to fight a 21st-century
battle with antiquated weapons. Terrorists exploit
modern technology such as the Internet and cell phones
to conduct and conceal their activities. The PATRIOT
Act leveled the playing field, allowing investigators
to adapt to modern techniques. For example, the PATRIOT
Act clarified our ability to use court-ordered pen
registers and trap-and-trace devices to track Internet
communications. The Act also enabled us to seek court-approved
roving wiretaps, which allow investigators to conduct
electronic surveillance on a particular suspect, not
a particular telephone – this allows them to
continuously monitor subjects without having to return
to the court repeatedly for additional authorizations.
This technique has long been used to investigate crimes
such as drug trafficking and racketeering. In a world
in which it is standard operating procedure for terrorists
to rapidly change locations and switch cell phones
to evade surveillance, terrorism investigators must
have access to the same tools.
In a final example, the PATRIOT Act expanded our ability
to pursue those who provide material support or resources
to terrorist organizations. Terrorist networks rely
on individuals for fund-raising, procurement of weapons
and explosives, training, logistics, and recruiting.
The material support statutes allow investigators to
aggressively pursue and dismantle the entire terrorist
network, from the financiers to those who carry out
terrorist plans. By criminalizing the actions of those
who provide, channel, or direct resources to terrorists,
the material support statutes provide an effective
tool to intervene at the earliest possible stage of
terrorist planning. This allows the FBI to arrest terrorists
and their supporters before their deadly plans can
be carried out.
For instance, the FBI investigated a case in Charlotte,
North Carolina, in which a group of Lebanese nationals
purchased mass quantities of cigarettes in North Carolina
and shipped them to Michigan for resale. Their scheme
was highly profitable due to the cigarette tax disparity
between the two states. The proceeds of their smuggling
were used to fund Hezbollah affiliates and operatives
in Lebanon. Similarly, the FBI investigated a case
in San Diego in which subjects allegedly negotiated
with undercover law enforcement officials the sale
of heroin and hashish in exchange for Stinger anti-aircraft
missiles, which they indicated were to be sold to Al
Qaida. In both cases, the material support provisions
allowed prosecutors to charge the subjects and secure
guilty pleas and convictions.
Mr. Chairman and Members of the Committee, the importance
of the PATRIOT Act as a valuable tool in the war against
terrorism cannot be overstated. It is critical to our
present and future success. By responsibly using the
statutes provided by Congress, the FBI has made substantial
progress in its ability to proactively investigate
and prevent terrorism and protect innocent lives, while
at the same time protecting civil liberties.
COUNTERTERRORISM AND INTELLIGENCE PROGRAM REFORMS
Let me turn for a few moments to the progress the
FBI has made in strengthening and reforming its counterterrorism
and intelligence programs to support its number one
goal of terrorism prevention. Today, the FBI is taking
full advantage of our dual role as both a law enforcement
and an intelligence agency. Let me give you just a
few examples of the progress we have made:
• We
have more than doubled the number of counterterrorism
Agents, intelligence analysts, and linguists.
• We
expanded the Terrorism Financing Operations Section,
which is dedicated to identifying, tracking,
and cutting off terrorist funds.
• We
are active participants in the Terrorist Threat Integration
Center and the Terrorist Screening
Center, which provides a new line of defense against
terrorism by making information about known or suspected
terrorists available to federal, state, and local law
enforcement.
• We have worked hard to break down the walls that
have sometimes hampered our coordination with our
partners in federal, state and local law enforcement.
Today, the FBI and CIA are integrated at virtually
every level of our operations. This cooperation will
be further enhanced when our Counterterrorism Division
co-locates with the CIA's Counter Terrorist Center
and the multi-agency Terrorist Threat Integration
Center.
• We
expanded the number of Joint Terrorism Task Forces
(JTTF) from 34 to 84 nationwide.
• We
created and refined new information sharing systems,
such as the National Alert System, that electronically
link us with our domestic partners.
• We
have sent approximately 275 FBI executives to the
Kellogg School of Management at Northwestern
University to receive training on executive leadership
and strategic change.
Recognizing that a strong, enterprise-wide intelligence
program is critical to our success across all investigations,
we have worked relentlessly to develop a strong intelligence
capability and to integrate intelligence into every
investigation and operation across the FBI:
• We
stood up the Office of Intelligence, under the direction
of a new Executive Assistant Director
for Intelligence. The Office of Intelligence sets unified
standards, policies, and training for analysts, who
examine intelligence and ensure it is shared with our
law enforcement and intelligence partners. The Office
of Intelligence has already provided over 2,600 intelligence
reports and other documents for the President and members
of the Intelligence Community.
• We
established a formal analyst training program. We
are accelerating the hiring and training of analytical
personnel, and developing career paths for analysts
that are commensurate with their importance to the
mission of the FBI.
• We developed and are in the process of executing
Concepts of Operations governing all aspects of the
intelligence process – from the identification
of intelligence requirements to the methodology for
intelligence assessment to the drafting and formatting
of intelligence products.
• We
established a Requirements and Collection Management
Unit to identify intelligence gaps and develop
collection strategies to fill those gaps.
• We established Reports Officers positions
and Field Intelligence Groups in the field offices,
whose members review investigative information – not
only for use in investigations in that field office – but
to disseminate it throughout the FBI and among our
law enforcement and Intelligence Community partners.
With these
changes in place, the Intelligence Program is established
and growing. We are now turning to the
last structural step in our effort to build an intelligence
capacity. In March, I authorized new procedures governing
the recruitment, training, career paths and evaluation
of our Special Agents – all of which are focused
on developing intelligence expertise among our agent
population.
The most
far-reaching of these changes will be the new agent
career path, which will guarantee that agents
get experience in intelligence investigations and with
intelligence processes. Under this plan, new agents
will spend an initial period familiarizing themselves
with all aspects of the Bureau, including intelligence
collection and analysis, and then go on to specialize
in counterterrorism, intelligence or another operational
program. A central part of this initiative will be
an Intelligence Officer Certification program that
will be available to both analysts and agents. That
program will be modeled after – and have the
same training and experience requirements as – the
existing programs in the Intelligence Community.
INFORMATION TECHNOLOGY IMPROVEMENTS
All the progress the FBI has made on all investigative
fronts rests upon a strong foundation of information
technology. Over the past two and a half years, the
FBI has made tremendous efforts to overhaul our information
technology, and we have made significant progress.
• Over
1,000 counterterrorism and counterintelligence FBI
Headquarters employees have been provided with
access to Top Secret/Sensitive Compartmented Information
(TS/SCI) information at their desks.
• We implemented the Wide Area Network and the Enterprise
Operations Center on schedule in March 2003.
• We
improved data warehousing technology to dramatically
reduce stove-piping and cut down on man-hours
that used to be devoted to manual searches.
• The
Full Site Capability deployment began in February
of this year, and was completed on April
29th. Altogether, nearly 30,000 workstations have been
converted to the new Trilogy baseline software and
new email system.
• We now have a permanent Chief Information
Officer and Chief Technology Officer, who oversee the
development and management of all IT projects and systems
throughout the FBI. It is important to keep in mind
that Trilogy is not the FBI's sole IT system – the
FBI has over 200 IT systems, all of which must be maintained,
enhanced when necessary, and certified and accredited
for security.
As you know, during the past year we have encountered
some setbacks regarding the deployment of Trilogy's
Full Site Capability (FSC) and the Virtual Case File.
Our goal is to deliver Virtual Case File capabilities
by the end of this year. You are aware that last
week, the National Research Council of the
National Academies
(NRC) released a report reviewing the Trilogy IT
Modernization program. The FBI commissioned
this review as part of
our ongoing efforts to improve our capabilities to
assemble, analyze and disseminate investigative and
operational data both internally and externally with
other intelligence and law enforcement agencies.
Many of the NRC's recommendations have already been
implemented or are a work in progress. The FBI has
repeatedly sought outside evaluation and advice throughout
its IT modernization efforts and will continue to do
so. The NRC report specifically noted that the counterterrorism
mission requires extensive information sharing, and
recommended that the FBI involve other agencies in
its modernization program. We will continue to work
closely with other Department of Justice Agencies and
members of the Homeland Security and Intelligence Communities
to ensure the FBI has the right technology to support
information sharing and other mission requirements.
CONCLUSION
With our counterterrorism, intelligence, and information
technology initiatives firmly in place, the FBI is
moving steadily forward, always looking for ways to
evolve and improve so that we remain a step ahead of
our enemies. We are looking at ways to assess and adjust
our resource needs based on threats, in order to ensure
that we have the personnel and resources to meet and
defeat all threats.
Mr. Chairman,
I would like to commend the men and women of the
FBI for their hard work and dedication – dedication
both to defeating terrorism and to upholding the Constitution.
They have embraced and implemented the counterterrorism
and intelligence reforms I have outlined for you today
and they are committed to upholding their duty to protect
the citizens of the United States.
Mr. Chairman, thank you again for the Committee's
support of the FBI and for the opportunity to be here
this morning.
I would be happy to answer any questions you might
have.
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