Testimony of Jeffrey J. Berkin, Assistant Special Agent
in Charge, Milwaukee Division, FBI
Before the House
Committee on Governmental Reform
Subcommittee on Government Efficiency, Financial Management,
and Intergovernmental Relations
July 1, 2002
"Counterterrorism"
Good morning Chairman Horn,
Members of the Subcommittee and distinguished Members of the
Wisconsin Delegation. I appreciate the opportunity to appear
before you and discuss terrorism preparedness, including threats
involving biological, chemical and nuclear agents. I will
also describe measures taken by the Federal Bureau of Investigation
(FBI) and our law enforcement partners to address these threats
in the State of Wisconsin.
INTRODUCTION
The mission of the FBI's counterterrorism
program is to detect, deter, prevent, and rapidly respond
to terrorist actions that threaten U.S. national interests
at home or abroad, and to coordinate those efforts with local,
state, federal and foreign entities as deemed appropriate.
The counterterrorism responsibilities of the FBI include the
prevention and investigation of domestic and international
terrorism. As events of the recent past have indicated, both
domestic and international terrorist organizations represent
threats within U.S. borders.
THE MILWAUKEE DIVISION OF
THE FBI
The Milwaukee Division of the
FBI has responsibility for the State of Wisconsin which comprises
both the Eastern and Western Federal Judicial Districts. The
State of Wisconsin has 72 counties. The headquarters office
for the Division is located in Milwaukee with satellite offices
(Resident Agencies) located in Eau Claire, Green Bay, Kenosha,
La Crosse, Madison, and Wausau.
The State of Wisconsin shares
its northern border with Canada, eastern border with Lake
Michigan, western border with the Mississippi River, and southern
border with the State of Illinois. Within the state are four
nuclear power plants: the Kewaunee Nuclear Power Plant, Kewaunee;
the Point Beach Nuclear Plant, Two Rivers; the La Crosse Boiling
Water Reactor (LACBWR), Genoa; and the University of Wisconsin
Nuclear Reactor Facility, Madison. The LACBWR plant is in
a safe storage status with spent nuclear fuel on site. The
University of Wisconsin Nuclear Reactor Facility is a small
research reactor located at the University of Wisconsin.
Also, the Zion Nuclear Power
Plant in Zion, Illinois (covered by the FBI's Chicago Division)
could impact Milwaukee Division operations. The Zion plant
is an active operating nuclear power facility located approximately
50 miles south of Milwaukee. The Milwaukee Division has a
contingency plan in place in the event of a nuclear threat.
Wisconsin's largest military
base is Ft. McCoy, located in Monroe County, on the western
border. Camp Douglas/Volk Field Air National Guard Base is
also located in the western portion of the state. Other military
bases include the 440th Airlift Wing and 128th Air Refueling
Wing, both located in proximity to the state's largest airport,
General Mitchell International Airport in Milwaukee.
JOINT TERRORISM TASK FORCE
(JTTF)
Elements of the Wisconsin Joint
Terrorism Task Force (JTTF) began operating immediately following
the attacks of September 11, 2001, and the JTTF was officially
established in January 2002. The top priority of the JTTF,
as well as the entire Milwaukee Division, is prevention, through
efforts to identify and neutralize terrorists before they
attack the persons, property, or interests of the United States.
The Milwaukee Division JTTF,
which was formed specifically to address this priority, is
comprised of Federal, State, and Local agencies to include
the FBI, U.S. Marshal's Service, U.S. Customs Service, U.S.
Postal Inspection Service, Bureau of Alcohol, Tobacco and
Firearms (BATF), U.S. Secret Service, U.S. Immigration and
Naturalization Service, Wisconsin Department of Criminal Investigation
(DCI), Milwaukee Police Department, and Milwaukee County Sheriff's
Office. In the Madison Resident Agency, participants include
DCI, University of Wisconsin Police Department, Dane County
Sheriff's Office and Madison Police Department.
Each of the agencies participating
in the JTTF have committed resources to the investigation
and prosecution of terrorism related matters. This has ensured
maximum availability of the various expertises necessary to
pursue these investigations. The JTTF also focuses on domestic
terrorism issues such as the recent anthrax threats and concerns
posed by hate groups such as the Aryan Nations and the World
Church of the Creator. The JTTF closely coordinates terrorism
matters with the United States Attorney's Offices in Milwaukee
and Madison and their Anti Terrorism Task Forces.
WEAPONS OF MASS DESTRUCTION
Each field division has a designated
WMD coordinator whose primary responsibility is to establish
and maintain liaison with local, state, and federal crisis
and consequence management personnel. Coordination with all
entities involved in WMD matters will enable the FBI to identify
and successfully prosecute international and domestic terrorists.
The Milwaukee Division has developed
and maintains a field office crisis response plan together
with a WMD Incident Contingency Plan which is reviewed periodically
and updated as necessary.
The Milwaukee Division has taken
a very active role in its WMD program. Liaison with our federal
regional counterparts to include the Federal Emergency Management
Agency (FEMA), Department of Defense (DOD), Department of
Energy (DOE), Department of Health and Human Services (DHHS)
and Environmental Protection Agency (EPA) is strong. The Milwaukee
Division also enjoys a solid working relationship with its
local and state partners in the WMD arena to include Wisconsin
Emergency Management personnel, local health department officials,
fire, hazmat, and local law enforcement.
Since the latter part of 2000
to the present, the Milwaukee Division has hosted six regional
WMD awareness/preparedness conferences throughout the State
of Wisconsin. In each conference, experienced guest speakers
provided presentations concerning the threat of WMD and the
FBI's role as they relate to WMD matters. Conference attendees
included the first responder community, mayors, city managers,
sheriffs, county supervisors, police and fire chiefs, hazmat,
emergency management personnel, and representatives from our
federal counterparts. Most of the conferences concluded with
a tabletop exercise in the afternoon.
FBI agents who are assigned
WMD matters frequently speak and provide instruction about
the FBI's role in WMD matters to such groups as the Northwest
Wisconsin Sheriffs' Association, the Camp Douglas Anti-Terrorism/Force
Protection Class, the UW-Madison microbiology class, the Milwaukee
County paramedics continuing education program, Dairy plant
representatives, railroad and water works representatives,
and the American Society for Industrial Security.
The Milwaukee Division has actively
participated in state and county terrorism workings groups,
WMD threat assessments, public health bioterrorism preparedness
meetings, terrorism tabletops and full-field exercises. Most
recently, the Milwaukee Division participated in full scale
WMD exercises conducted in Dane, Racine, and Outagamie Counties.
The Milwaukee Division is presently planning for a tabletop
exercise in July followed by a full scale exercise in September
2002, which will incorporate scenarios involving improvised
explosive devices, an industrial chemical release, and the
detection of radiological material.
The Milwaukee Division has established
liaison with the local Milwaukee Health Department and has
recently requested the necessary background investigation
for a "top secret" clearance for the health commissioner
and health department manager in an effort to share information
vital to the WMD program.
NATIONAL INFRASTRUCTURE PROTECTION
CENTER (NIPC)
The National Infrastructure
Protection Center (NIPC) was created in 1998 as a means to
detect, deter, assess, warn, prevent, respond and investigate
attacks on the nation's critical infrastructures. The NIPC
is an interagency, public-private partnership comprised of
representatives from the FBI, Department of Defense, Intelligence
Community, other federal departments and agencies, state and
local law enforcement and private industry.
The Milwaukee Division has contributed
intelligence information to the NIPC's 24/7 Watch, relative
to intrusion and threat information received by the Milwaukee
Division. The community outreach efforts initiated by the
Milwaukee Division have been successful in raising the public's
awareness of infrastructure protection and computer intrusion
issues. FBI presence at public forums has helped to earn public
trust in reporting matters that traditionally were not reported
to law enforcement. The information, provided by the public
is immediately forwarded to the NIPC, which currently provides
analysis as to whether a pattern is beginning and allows threat
warning information to be disseminated in order to prevent
the problem, or attack, from being spread. However, the proposed
Department of Homeland Security (DHS) will merge under one
roof the capabilities to integrate threat analysis with vulnerability
analysis, issue appropriate warnings, and organize the right
preventive and protective response. As a result, the NIPC
(other than the Computer Investigation and Operations Section)
will be transferred to DHS.
Additionally, the Milwaukee
Division is a participant in the Wisconsin Association of
Computer Crime Investigators (WACCI), which is an organization
comprised of federal, state, and local law enforcement officers,
as well as private sector computer crime investigators, dedicated
to continuous technical training and the exchange of information
that will assist in investigating computer crimes, Internet
Fraud, Child Pornography, and computer intrusions.
INFRAGARD AND KEY ASSET PROGRAMS
Other initiatives that the Milwaukee
Division has undertaken include the InfraGard and Key Asset
Programs, which are both under the direction of the NIPC.
The Milwaukee Division has two InfraGard Chapters within its
territory, serving the eastern and western halves of the State
of Wisconsin. The Milwaukee InfraGard Chapter (serving the
eastern half of Wisconsin) meets every other month, while
the Madison InfraGard Chapter (serving the western portion
of Wisconsin) meets quarterly. The meetings allow InfraGard
participants to become acquainted with their counterparts,
who are physical and/or information security professionals,
working toward maintaining the security of their respective
facilities and systems. These meetings also feature speakers,
who provide educational presentations on security related
topics.
On May 14 and 15 of this year,
the two Wisconsin InfraGard Chapters held a Tri-State Regional
Conference, in conjunction with the Minneapolis and Chicago
InfraGard Chapters, at Wisconsin Dells, Wisconsin. InfraGard
Participants are invited and encouraged to progress to a higher
level, by completing a formal Secure Access Membership Agreement,
which allows a member (company/representative) to have access
to the Secure InfraGard Website which provides additional
information on threat warnings, recent intrusions, and research
related to infrastructure protection.
The Milwaukee Division's Key
Asset Program is also part of the NIPC. The Key Assets are
categorized into eight critical infrastructures, to include
transportation, telecommunications, banking and finance, energies
(electric and nuclear), water, oil and gas storage and transportation,
emergency services and continuity of government. The Milwaukee
Division is responsible for identifying Key Assets within
its territory, as well as the individuals who are points of
contact for the Key Asset. This and other Key Asset information
are forwarded and maintained in the FBI's National Key Asset
Database. The Milwaukee Division is in the process of concluding
a project, whereby all Emergency Management Directors in the
72 Wisconsin Counties, were (or will be) contacted to ensure
that the Key Assets in their respective counties have been
identified.
AWARENESS OF NATIONAL SECURITY
ISSUES AND RESPONSE (ANSIR) PROGRAM
The ANSIR Program is the FBI's
National Security Awareness Program. It is the "public
voice" of the FBI for espionage, counterintelligence,
counterterrorism, economic espionage, cyber and physical infrastructure
protection and all national security issues. The program is
designed to provide unclassified national security threat
and warning information via e-mail to U.S. corporate physical
and information security directors and executives, law enforcement,
and other government agencies. ANSIR advisories are event
driven and, therefore, are not disseminated on a regular basis;
rather, they are sent as events dictate.
SIGNIFICANT INVESTIGATIONS
The Milwaukee Division has played
a significant role in recent investigations which received
national attention. The Milwaukee Division was instrumental
in the arrest of Luke Helder, the individual who placed pipe
bombs in mailboxes throughout the Midwest, Colorado and Texas.
A search was conducted at Helder's apartment in Menominee,
Wisconsin, which yielded valuable evidence and identified
Helder as the bomber. As the day unfolded, Helder was tracked
through "real time" cell phone information to his
location on the highway. Once his location and direction of
travel were determined, FBI agents in the Reno, Nevada, Resident
Agency were notified. They were then able to coordinate Helder's
arrest with local and state law enforcement officers.
On May 7, 2002, Joseph Daniel
Konopka, also known as "Dr. Chaos," was indicted
by a Federal Grand Jury in Milwaukee on 13 counts covering
53 Wisconsin crimes. From 1998 through 2002, Konopka wreaked
havoc in 13 counties by disrupting power and causing $800,000
in damages. He is also accused of setting fires, disrupting
radio and television broadcasts, disabling an air traffic
control system, selling counterfeit software and damaging
the computer system of an internet service provider. Konopka
remains in custody in Chicago, where he was arrested in March
after being caught with cyanide, a potentially deadly chemical,
near the Chicago subway system. If convicted, he faces up
to 30 years in prison.
In September 2000, Mickey Sauer
pled guilty and was sentenced to prison for mailing an anthrax
threat to a high school principal. Between January 5 and 18,
2000, Sauer sent 17 letters to women's reproductive centers
in Racine and Milwaukee, adoption centers in Manitowoc and
Milwaukee, two schools and a grocery store in Kenosha and
other agencies. All but one of the letters contained an anthrax
threat.
During the 2001 anthrax incidents
and until April 2002, the Milwaukee Division maintained a
database to track all reported calls of suspicious packages
and letters. Information was shared and investigations were
coordinated with the Milwaukee Fire Department and other fire
departments and law enforcement agencies throughout the state.
SPECIAL EVENTS
The Milwaukee Division has been
very active recently with respect to two major events occurring
in Wisconsin. The 2002 U.S. Conference of Mayors was held
in Madison in June. The 2002 All-Star Baseball Game and festivities
in Milwaukee will begin later this week. Preparations for
these two special events demonstrate the coordinated efforts
of our local, state, and federal partners in Wisconsin.
The U.S. Conference of Mayors
was attended by the mayors of numerous cities to include Boston,
Chicago, Detroit, and San Francisco. Homeland Security Director
Tom Ridge was one of the notable individuals who addressed
the conference. The Milwaukee Division coordinated security
efforts with the Madison Police Department, Dane County Sheriff's
Department, Wisconsin Emergency Management, the Wisconsin
and Minnesota Army National Guard Civil Support Teams (CST)
and other local law enforcement agencies. The Division also
provided FBI bomb disposal technicians, equipment, (robots,
x-ray, bomb suits, etc.) and training for the Dane County
Bomb Squad. These efforts were coordinated with and supported
the BATF canine explosive detection teams.
CONCLUSION
Terrorism represents a continuing
threat to the U.S. and a formidable challenge to the FBI.
In response to this threat, the Milwaukee Division of the
FBI has developed, and is expanding, its broad-based counterterrorism
program, which is integrated into the state and local law
enforcement and first responder network. The Milwaukee Division
intends to disrupt terrorist activities by continuing to support
and use the JTTF, and by continually expanding interagency
cooperation. While this approach has yielded successes, the
dynamic nature of the terrorist threat demands that our capabilities
continually be refined and adapted to continue to provide
the most effective response.
Within the Milwaukee Division, all of the FBI's aforementioned
investigative responsibilities are conducted jointly with
other law enforcement agencies represented on the Milwaukee
JTTF, and at times, with additional agencies from the intelligence
community, emergency response community and medical agencies.
It is impossible for the FBI to conduct investigations and
obtain intelligence without working in concert with the Wisconsin
federal, state and local agencies. Communication and coordination
are outstanding and the Milwaukee Division consistently strives
to maintain and improve that cooperation.
Chairman Horn, this concludes
my prepared remarks. I would like to again express my appreciation
for this subcommittee's concentration on the issue of terrorism
preparedness and I look forward to responding to any questions.
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