A Report to the American People on the Work of the FBI
by FBI
A Report to the American People on the Work of the FBI
1993 - 1998
Foreword
He who walks in the way of integrity shall be in my service.
No one who practices deceit can hold a post in my court.
No one who speaks falsely can be among my advisors.
--Psalm 101
Since its formation in 1908, the FBI has had just one central mission -- to ensure domestic tranquility by protecting the American people from enemies both domestic and foreign, while honoring and defending the Constitution and the rule of law. This responsibility requires that we advise the American people of our accomplishments in ensuring their welfare and liberty; the manner in which we have utilized the resources provided by Congress; and the emergence of new threats and the FBI's plans to counteract them. In our democracy, agencies such as the FBI must inform the public that we serve and protect.
Since being sworn in as Director on September 1, 1993, the FBI and the Nation have experienced dramatic changes relating to crime, terrorism and national security. Transnational and cybercrime impact both our national and economic security. Economic espionage has transformed both the targets and strategies necessary to combat these new threats. Health care fraud, global economic crimes, Eurasian organized crime, Environmental crime, and hate crimes have been added to the FBI's enforcement priorities for public corruption, white collar crimes, traditional organized crime, violent crime and drug trafficking. Terrorism and the proliferation of weapons of mass destruction have significantly altered both our national security strategies and committed resources. Moreover, all of these changes have necessitated the critical need to enhance the FBI's relationships with our federal, state, local and foreign law enforcement and national security counterparts.
The expansion of the FBI's overseas presence, the design and implementation of vast new criminal justice and forensic services and more integrated operations with federal, state, local and foreign public safety and security agencies have been initiated to ensure the continued success of the FBI's mission as we enter a new century.
The occasion of the FBI's 90th Anniversary marked an opportunity to look back with pride and forward with confidence at the FBI's mission. Our 1998-2003 Strategic Plan outlines the FBI's current assessment of its challenges and objectives. This Report and Plan summarize the dedicated work, accomplishments, challenges and objectives of the extraordinary men and women of the FBI from 1993 to 2003. The five-year period encompassed by this Report chronicles the immense responsibilities of the FBI and the dedicated service and heroism of its 27,829 employees, past, present and future.
My continuing commitment for the FBI as we enter the new millennium is the same as when I took office. First, that the FBI maintain its Core Values of fidelity, bravery and integrity. Ninety years of changes in technology, jurisdiction and mission have only reinforced the critical requirement that FBI employees always tell the truth, promote justice, and act with fairness and compassion to protect the people and uphold the Constitution. Second, that the FBI maintain the resources and jurisdiction to ensure its competence. Third, that the FBI develop to the highest potential its cooperation and assistance with its federal, state, local and foreign law enforcement and national security counterparts. Our greatest successes will flow from the willingness to "share our toys" with our partners and avoid the dysfunctional turf-fighting that detracts from our mission. Finally, that the FBI remain free from inappropriate political interference and all attempts to politicize its work. "One of the cardinal rules enunciated at this time [1924, while the Honorable Harlan F. Stone was Attorney General of the United States] was that the Federal Bureau of Investigation should be completely divorced from the vagaries of political influence."
All of our past accomplishments and plans for the future depend on the FBI's commitment to these four basic principles. Having been associated with the FBI for the last quarter century of its history, I am completely confident that the FBI will carry out this commitment. The men and women of the FBI stand ready to serve with honor, "one Nation, under God, with liberty and justice for all."
Louis J. Freeh
Director
Executive Summary
Law Enforcement Ethics and Fairness
The Federal Bureau of Investigation is dedicated to protecting the American people from harm, and nothing is more important to achieving that goal than the integrity of its Special Agents and other employees.
In the past five years, I have established core values for all FBI employees: obedience to the Constitution, respect for the dignity of all protected by the FBI, compassion, fairness, and total integrity.
At the same time, I have developed "Bright Line" policies to which all FBI employees must adhere. Certain conduct will not be tolerated, including lying, cheating, stealing, sexual harassment, and alcohol and drug abuse.
To oversee these important areas, I created a new and separate Office of Professional Responsibility to deal with allegations of employee misconduct and to conduct rigorous, in-depth ethics training for FBI Special Agent Trainees and others.
FBI Leadership in National Security
The FBI has placed a top priority on fighting threats to the nation's national security posed by terrorists and spies. The FBI's counter-terrorism budget more than tripled from Fiscal Year 1996 to FY 1999, enhancing our ability to combat these insidious dangers to our way of life.
The FBI's counter-terrorism programs are directed against both threats originating from abroad and at home.
In 1998, the FBI responded with hundreds of Special Agents when American embassies in Kenya and Tanzania were bombed. A number of defendants were returned to the U.S. to face charges.
Earlier, six persons were convicted in the bombing of the World Trade Center in New York City. Another major terrorist incident was prevented when a plot to bomb other New York City targets was uncovered and 14 persons were convicted.
In other cases, three persons were convicted of plotting to bomb U.S. airliners in the Far East, a man who killed two CIA employees in Virginia was arrested abroad and returned by the FBI and convicted in state court, and the investigation continued into the bombing that killed 19 U.S. servicemen in Saudi Arabia.
The worst domestic terrorist incident in U.S. history occurred in 1995 in the bombing of the Federal Building in Oklahoma City, killing 168 persons. Two men were later convicted in the case, one receiving the death penalty and the other life in prison.
One of the FBI's longest investigations--17 years--ended in 1996 with the arrest of the UNABOMBER, whose bombs killed three persons and injured 23 others. He pleaded guilty and was sentenced to life in prison.
To combat such offenses, the FBI has created a Counter-Terrorism Center, where 18 federal enforcement agencies maintain a presence. In addition, a Presidential Decision Directive established the FBI as the lead federal agency for threats or incidents involving weapons of mass destruction. The National Infrastructure Protection Center is also located at the FBI.
In the espionage area, the FBI and CIA have developed close enforcement ties, leading to the arrest and conviction of two CIA officials and an FBI Special Agent on espionage charges. Other major cases involved 10 persons charged with spying for Cuba, an Army sergeant convicted of spying for the Soviet KGB, and the conviction of three persons for spying for the former East German Intelligence Service.
Under a new statute whose passage was strongly urged by the FBI, there are now new tools to combat economic espionage--a major threat from many nations since the end of the Cold War. A number of major cases have already been brought.
Tools and Resources to Support Investigations
New tools and resources provided by Congress have enabled the FBI to make significant strides against crime problems in the last five years and prepared the Bureau to enter the 21st Century. The new support from Congress includes:
The authorized personnel levels have grown nearly 15 percent since FY 1994, including the addition of more than 1,100 new Special Agents.
In the same period, the FBI annual budget has increased from $1.5 billion to $3.0 billion.
Congress created the Economic Espionage Act which gives the FBI the authority to combat one of the greatest threats to national and economic security since the end of the Cold War.
In addition, Congress provided funding for creation of two computerized information systems serving local, state, and federal law enforcement agencies throughout the country. NCIC 2000 provides prompt information on wanted fugitives and stolen property. IAFIS sharply reduces the time needed to check fingerprints.
The FBI has been better equipped to combat such high-priority crime problems as terrorism, organized crime, drug trafficking, new threats from abroad, health care fraud and other white collar crime, and crimes against children.
The FBI Legal Attache program has been expanded and produced significant anti-crime dividends. The Attaches are senior FBI Special Agents stationed at U.S. Embassies to work with their local counterparts against crime problems of joint concern, in the process building vital "cop-to-cop" relationships.
Another major step was the FBI's creation in 1998 of Rapid Deployment Teams made up of expert Special Agents who can be swiftly deployed when crimes involving American interests occur in other countries that are receptive to joint investigations.
The FBI Laboratory, the finest forensic facility of its type in the world, was accredited in 1998 by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board. The Laboratory then went on to introduce the National DNA Index System, a valuable new tool for fighting violent crime.
The Laboratory has pioneered the development of valuable new crime-fighting tools, including sophisticated DNA tests used in violent crime investigations and a computerized technology system that makes links in firearms-related evidence.
In the technology field, the FBI has excelled in creation of NCIC 2000, an invaluable tool that allows law enforcement agencies throughout the nation to quickly obtain computerized information on wanted and missing persons, fugitives, and stolen property. Another breakthrough on nation-wide information-sharing is IAFIS--an automated fingerprint identification system, which promptly checks fingerprints by computer.
Continuing to Respond to Protect Americans
The FBI enforces some 500 federal laws that touch vast numbers of Americans and the Bureau has established a wide range of priorities in the FBI's strategic plan to protect the public from harm.
One major program involves the FBI working closely with local authorities against violent street crime, including drug trafficking. Since the beginning of this Safe Streets Program, there have been nearly 160,000 arrests.
Another priority involves FBI efforts against traditional organized crime and its array of deadly crimes. Significant inroads have been made with the conviction of top La Cosa Nostra bosses and other high-level criminals, and the FBI in 1996 launched "Operation Button Down" as a five-year strategic program to impair LCN rebuilding efforts.
Crimes against children also are on the FBI's priority tier of enforcement activities. Tools include the "Innocent Images" operation targeting persons using the Internet to recruit minors into illegal sexual relationships.
One of the worst crimes in recent years was the bombing in 1996 at Centennial Olympic Park in Atlanta that killed one person and injured more than 120 others. Charges have been filed in the case and an intensive search is being carried out for the fugitive defendant.
The FBI has given top attention to enforcement against white collar crime and fraud that robs the government and the public. Health care fraud is a significant program component.
One of the nation's greatest tragedies in recent years occurred when TWA Flight 800 crashed into the ocean shortly after taking off from New York City, killing all 230 persons aboard. In 1997, following an intensive 16-month investigation, the FBI announced that no evidence had been found to indicate the crash was caused by a criminal act.
The FBI has a continuing commitment to the protection of the civil rights of all Americans, and, in so doing, has investigated a large number of civil rights cases. For example, it has been a full participant in the National Church Arson Task Force, which has resulted in hundreds of arrests. An FBI investigation led to federal charges against five New York City Police Officers for allegedly brutalizing a Haitian immigrant. Another FBI investigation led to federal convictions of two persons in the death of a student during a civil disorder in the Crown Heights section of New York City.
Antitrust violations are high on the FBI agenda. In one major case, Archer Daniels Midland Company pleaded guilty to price fixing conspiracies and three ADM officials were convicted of criminal antitrust violations.
In the public corruption area, one governor was sentenced to prison for false statements and wire fraud. A former governor was indicted on racketeering, conspiracy, and other charges. In a period of a few weeks in 1998, some 80 law enforcement officers were arrested in four separate cases.
Improving Relationships
The FBI places great importance on constantly striving to improve relationships with local, state, and federal law enforcement agencies in the joint fight against crime.
Cooperation has never been more essential. The FBI works with individual agencies and national organizations--including the International Association of Chiefs of Police, the National Sheriffs' Association, and the Major City Chiefs.
This cooperative approach magnifies the impact of law enforcement against crime and enhances the level of public safety. Many major cases handled by the FBI include other agencies, and the examples range from the bombing of the Oklahoma City Federal Building, to street gangs, to the search for the UNABOMBER.
One special effort is the close cooperation with the Drug Enforcement Administration, targeting large drug trafficking organizations and drugs at the street gang level. The FBI also works closely with other federal agencies.
The FBI provides training to a broad range of law enforcement agencies--both domestic and foreign. For example, in the five-year period from 1994 to 1998, the FBI trained nearly 700,000 law enforcement officers in a variety of courses.
Within the Justice Department, the FBI has played a key role in the Office of Investigative Agencies Policies, created by the Attorney General to improve coordination among Justice agencies. Overseas, a proposal by the FBI led to the development of the International Law Enforcement Academy in Budapest, Hungary, a major center of training for Eastern Europe. It is a joint effort by the State Department and federal agencies.
Support for Employees
The FBI places great stress on the safety and security of its employees. They are the Bureau's most important resource.
FBI Special Agents are given the best training possible and equipped with advanced firearms and state-of-the-art safety equipment. At the same time, the FBI gives a high priority to safety precautions at its facilities--both at FBI Headquarters in Washington and in its Field Offices.
Major attention is given to fairness in hiring and promotion, and the FBI has made significant strides during the past five years in increasing the number of minorities and women who serve as Special Agents.
Fairness in dealings with employees is also paramount. The FBI has expanded its program to uncover and correct instances of bias. Six special employee advisory committees meet semi-annually with Director Freeh to discuss issues of concern to their constituents.
Chapter 1: Law Enforcement Ethics and Fairness
Nothing is more important to the present and future success of the Federal Bureau of Investigation than the ethics and integrity of its Special Agents and other employees.
If the rule of law is to prevail, law enforcement must be fully supported by the public--and the public will ultimately support only those law enforcement officers who are completely law-abiding.
This is the reason that during the past five years I have placed a top priority on:
The creation of a "Bright Line" that all FBI employees must follow in their professional and personal conduct.
Development of a more effective ethics program through creation of an expanded Office of Professional Responsibility to investigate allegations of employee misconduct and provide appropriate sanctions against those who break FBI regulations.
New, intensive ethics training for Special Agents.
At the same time, the FBI has taken steps to make certain that the disciplinary processes are fair and timely for all employees accused of misconduct. The FBI is dedicated to upholding the law and protecting the rights of all persons being investigated in any type of case. It is only fair and just that the full protections of due process also be extended to FBI employees who are being investigated for alleged wrongdoing.
The FBI also believes in the public's right to know as much about its operations as can be released consistent with the law and security considerations. In view of that, the decision was made to publicly release late in 1998 a report on the disciplinary actions taken by the expanded Office of Professional Responsibility. The report was made available to the news media for nationwide distribution to the public. Annual reports will be made public in the future.
Core Values
To accomplish the FBI's mission, we must identify and follow core values. They all relate to uncompromising integrity. The public expects the FBI to do its utmost to protect the people and their rights. The public also expects, and deserves, total honesty by FBI personnel.
The FBI rejects the false notion that an FBI Agent can have two sets of core moral values--one for on the job and another for his or her personal life.
The FBI's core values have been plainly stated to its employees: rigorous obedience to the Constitution of the United States, respect for the dignity of all those we protect, compassion, fairness and uncompromising personal and institutional integrity.
As I have told FBI employees, observance of these core values is our guarantee of excellence and propriety in performing the Bureau's national security and criminal investigative functions, which touch the lives of all Americans.
Personal and institutional integrity reinforce each other. We must have such integrity. We owe it to the nation in exchange for the sacred trust and great authority conferred upon us.
Bright Line
In 1994, I created the "Bright Line" policy, designed to enhance the integrity and independence of the FBI. The "Bright Line" puts all employees on notice as to what is expected of them.
The FBI must constantly strive to be a positive force in our society. How the FBI is viewed by Americans--and how FBI employees view themselves--is a crucial factor to succeeding in our many difficult missions.
In addition, FBI employees must uphold and revere core values that include integrity, reliability, and trustworthiness. Any employee whose conduct is at odds with those core values forfeits his or her right to FBI employment.
While this list is not all-inclusive, there are clear examples of behavior for which employees can expect to be dismissed. They include:
Lying under oath.
Failure to cooperate during an administrative inquiry when required to do so by law or regulation.
Voucher fraud.
Theft or other unauthorized taking, using or diversion of government funds or property.
Material falsification of investigative activity and/or reporting.
Falsification of documentation relating to the disbursement/expenditure of government funds.
Unauthorized disclosure of classified, sensitive, Grand Jury, or Title III material.
At the same time, there is firm discipline for lesser incidents of misconduct.
I have always summed up the "Bright Line" concept in clear, simple terms:
I believe in the basic truth that lying, cheating, or stealing is wholly inconsistent with everything the FBI stands for and cannot be tolerated.
After creating the original "Bright Line," I later developed other important "Bright Lines" regarding employee conduct--one covering sexual harassment and the other alcohol abuse.
Regarding sexual harassment, it is my belief that there is no place in the work environment for discrimination or harassment of any nature. Such conduct will simply not be tolerated in the FBI under any circumstances. Every employee is held to this standard.
Clear procedures have been created to process complaints and FBI management officials will promptly investigate such incidents. Disciplinary action will be taken against such misconduct, and the discipline can range from an oral reprimand to dismissal. FBI employees are assured they can seek redress without fear of reprisal from anyone.
Alcohol abuse is also a serious problem that must be met in two ways--FBI-sponsored treatment programs to aid those who abuse alcohol and discipline for those who violate FBI regulations.
FBI policy forbids use of alcohol for employees while on duty. Since Special Agents must be available for duty on a 24-hour basis, they must take affirmative steps to make certain they are fit for duty at all times. There is severe administrative action for alcohol-related misconduct. I take a particularly serious view of those who drive while under the influence of alcohol or while intoxicated, whether on or off-duty, and termination of employment may result.
Office of Professional Responsibility
To implement the new ethical standards most effectively, the FBI's disciplinary structure and procedures have been reorganized, streamlined, and expanded.
Previously, key functions on ethics matters were in different FBI divisions. It made sense to consolidate them, and in 1997 the disciplinary investigations program and the adjudications program were combined in a new and separate Office of Professional Responsibility (OPR). OPR was further upgraded by my appointment of an Assistant Director of the FBI as its head. To fill this important position, I went outside of the FBI and selected a distinguished career prosecutor and senior official of the Department of Justice. At the Department, he had extensive experience in extremely sensitive internal integrity investigations and achieved a national reputation for landmark achievements in the prosecution of organized crime cases.
With its resources doubled, the new OPR was able to significantly improve performance in all of its responsibilities and to create enhanced procedures for dealing with allegations of employee misconduct.
This consolidation trend continues, and I have placed staff and responsibilities of the Office of Law Enforcement Ethics in OPR. Among other things, the office conducts the ethics training program for the FBI's Special Agent Trainees. This change will ensure that the entire OPR program is strengthened. The OLEE training program compliments the FBI's standards-of-conduct training program, which is administered by the FBI's Office of the General Counsel (OGC). Together, the two programs ensure that all FBI Agents and support personnel are well versed in both the standards-of-conduct and the broader ethical precepts that govern law enforcement. OGC and OPR coordinate the OLEE ethics curriculum.
The OPR framework now provides great efficiency for all aspects of this complex area of allegations of misconduct by FBI employees and increases the attention given to both internal ethics and discipline. It provides the logistics and mechanisms to ensure application of the most forward-looking policies.
At the same time, OPR brings greater rights and transparency to the important process of increasing objectivity and fairness for all employees, which are essential in any government dedicated to the rule of law.
For example, employees are now permitted counsel during disciplinary interviews. In addition, they have greater discovery and hearing rights as well as the right to appeal to a neutral board.
My goal is for the American public, as well as all employees, to have total confidence that the disciplinary system is fair and promptly identifies and punishes misconduct, without fear or favor. I am proud of the men and women of the FBI who carry out their work with total honesty and integrity. By erecting rigorous safeguards, we can reduce impropriety to the absolute minimum.
The only way to maintain the consistent excellence which has made the FBI a world-wide law enforcement model is to insist upon, to merit, and to relentlessly execute the responsibility to police ourselves.
A new public OPR report shows that, in Fiscal Year 1997, 212 FBI employees out of a work force of 28,000 persons, or 0.8 percent of the total staff, were fired or disciplined for serious misconduct. Three Special Agents and 16 support personnel were discharged, and 96 Special Agents and 97 support employees were disciplined for improper behavior. In addition, 38 employees were terminated during probationary employment, resigned, or retired while they were the subjects of pending OPR investigations. Such separations, however, may occur for nondisciplinary reasons.
The FBI must have uncompromising integrity, and I will do everything within my power to achieve that goal.
Ethics Training
One of the major training breakthroughs that has been achieved at the FBI is the addition of ethics and integrity training for the new Special Agent curriculum and management training at the FBI Academy at Quantico. Ethics is the golden thread which runs throughout our training. It often is the difference between correctly applying the awesome power of law enforcement and conduct that undermines the rule of law.
Since 1994, the FBI has trained more than 3,700 new Special Agents. Because they will serve through the first quarter of the next century, the education they receive as new Special Agent Trainees builds the foundation for the future success of the FBI and the safety of society. In the 16 weeks of Special Agent training at Quantico, the FBI teaches new Agents the tools, techniques, and skills which they will need to operate most effectively in enforcing hundreds of laws.
Their grave responsibilities will include investigation of violent crime, drug trafficking, terrorism, espionage, civil rights, public corruption, environmental crimes, and white-collar crimes that rob the public.
Among the most critical training they receive is law enforcement ethics. A strong foundation in ethics directs the choices and decisions that these agents will have to make every day for decades. Without this strong foundation, our criminal justice system can be easily exploited by law enforcement officers sworn to protect the public, thereby subverting the confidence of the people we serve.
I believe so strongly in the importance of this training and its application to the law enforcement culture that I approved the creation of the Office of Law Enforcement Ethics in 1996. So far, this office has instructed more than 2,600 Special Agent Trainees, plus Special Agents in the field, FBI Headquarters personnel, and over 6,000 local, state, and foreign law enforcement officers.
The topics of the ethics training include the higher ethical standard required of FBI personnel due to jurisdictional responsibilities, the ethical basis of the Constitution, classic philosophy on ethics, and the nature of criminal and serious misconduct.
Other topics include causes and prevention of law enforcement corruption, use of deception by law enforcement officers, ethical problems unique to law enforcement, and the relationship of ethics to law enforcement. All personnel are also trained in the standards-of-conduct governing Executive Branch employees both upon initial employment and annually thereafter, as prescribed by the Office of Government Ethics. Standards-of-conduct training includes discussion of the rules governing the acceptance of gifts from outside sources, conflicts-of-interests, outside activity limitations, and other matters. Personnel who are eligible for retirement are also briefed on the laws governing post-government service employment restrictions.
As an indication of the subject's importance, the training program for all new Special Agent Trainees now includes a 16-hour intensive course in ethics, and ethics matters are stressed throughout the entire training curriculum.
At the conclusion of the training, the Special Agent Trainee must be able to demonstrate the application of newly-learned ethical tools to actual situations in the field, using both case studies and special scenarios. In addition, the Trainee must demonstrate an understanding of both moral philosophy and moral decision-making. Finally, each graduating class selects a member of the New Agents Class to receive the Fidelity, Bravery and Integrity Award. This is the highest award for a new Special Agent and recognizes the critical components of law enforcement ethics.
The Office of Law Enforcement Ethics also provides ethics instruction to foreign law enforcement officers who receive training at the FBI Academy. In addition, OLEE personnel provide instruction to Eastern European law enforcement officers attending the International Law Enforcement Academy at Budapest. The FBI role is one of partnership--designed to increase the ability of the FBI to effectively combat international crime.
The concept of high standards for law enforcement is not new but it is sometimes forgotten or ignored or given short shrift. We should ponder the words of Attorney General Charles Bonaparte, who founded the Bureau of Investigation--which grew into today's FBI. In 1909, Bonaparte wrote to President Theodore Roosevelt that he was determined "to establish a force of well educated investigators of good character, subject to extremely strict discipline and supervision."
Every person in law enforcement should take to heart those words written nearly a century ago.
And they lead us to the key question:
Would Attorney General Bonaparte be satisfied with the state of ethics and efficiency existing today in the FBI? I am confident that he would be, but that he would believe, as I do, that we can and will become even better.
Compliance with the highest ethical standards is essential for all law enforcement officers because one of history's darkest lessons teaches us what happens when the law is subject to the most horrifying misuse by police. The place was Nazi Germany and the time was the 1930s. The Nazi terror began not by breaking the law but by using the law, as the Holocaust Memorial so graphically shows us.
Hitler persuaded the German president to invoke a section of the German constitution that in effect suspended all civil liberties, thus permitting warrantless searches and seizure of property without due process. These emergency decrees became the legal basis for the concentration camps in which millions of innocent persons perished.
The decrees were initially carried out not by the Gestapo but by the regular civilian police in many cases. This is a lesson that no one should forget. Democracy depends on law enforcement to protect the rights of all citizens and to rescue them from harm. When police fail in this great responsibility, suffering and death follow. This lesson must be foremost in the minds of all in the FBI.
The FBI is determined that the grim meaning of the Holocaust will not be forgotten by its Special Agents.
Chapter 2: FBI Leadership in National Security
Leadership in national security means many things:
Devising new ways to protect the public from harm.
Taking every possible step under existing laws to combat the worst crimes.
Developing more effective techniques to prevent all types of national security offenses.
Reacting with the utmost speed and efficiency to deal with new types of national security crimes.
Those who commit national security offenses are tearing at the fabric of our legal system, the Constitution, and our freedoms. Their ultimate aim is the destruction of our democracy.
One of my major priorities has been to seek increased funding for the FBI's counter-terrorism programs. The Congress has shown great foresight in strengthening this vital work. For example, the counter-terrorism budget for Fiscal Year 1996 was $97 million. The FY 1999 budget contains $301 million for counter-terrorism efforts.
One of the national security crimes that has become more prevalent in recent years that is most frightening to all Americans is terrorism.
Some terrorism now comes from abroad. Some terrorism is home-grown. But whatever its origin, terrorism is deadly and the FBI has no higher priority than to combat terrorism; to prevent it where possible; and where prevention fails, to apprehend the terrorists and to do everything within the law to work for conviction and the most severe sentences. Our goal is to prevent, detect and deter.
Bombings in Africa
One of the cases that best illustrates how the FBI reacts to acts of terrorism occurred in the wake of the August 1998 bombings of the United States Embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania. Twelve Americans were among the more than 250 persons killed in Nairobi and 10 persons were killed in Tanzania. More than 5,000 were injured.
Within hours, the first contingent of FBI Special Agents was on its way to both cities to begin an intensive investigation. At the height of our work there, 471 FBI Agents, FBI Laboratory experts, and other FBI specialists worked tirelessly at the sites of both bombings. They collected evidence and worked closely with the very cooperative and committed law enforcement authorities of both nations.
I flew to East Africa to confer with FBI supervisors and personnel in both cities and to personally observe the progress of the investigations. I also met with leaders of Kenya and Tanzania, and we pledged our mutual cooperation to solve these dreadful crimes. Kenya and Tanzania gave us their complete support, for which the FBI and the United States are forever grateful.
One of my priorities has been to develop close ties between the FBI and its law enforcement counterparts in nations throughout the world--what I term "cop-to-cop" relationships that are essential to fight the new types of international crime that harm all law-abiding countries. This goal of close cooperation was of vital importance in the investigation of the Embassy bombings.
Within a short time, assistance from Kenya, Tanzania, Germany, and Pakistan helped the United States identify or detain suspects. Two persons were flown from East Africa to New York and both charged with murder. A third suspect was arrested in Texas.
On November 4, 1998, the major indictment in the case was returned in New York charging Usama Bin Laden, alleged head of the world-wide terrorist organization "al Qaeda," and Muhammad Atef, his military commander, with murder in the Embassy bombings. Mohamed Sadeek Odeh and Mohamed Rashed Daoud Al-'Owhali, who had been brought to New York from East Africa, were charged with murder. Wadih El Hage, who was arrested in Texas, was charged with conspiracy in the fatal bombings. The sixth defendant, Fazul Abdullah Mohammed, was charged with murder, and is a fugitive, along with Bin Laden and Atef.
In September 1998, German authorities arrested Mamdoud Mahmoud Salim on an international provisional arrest warrant coordinated through the FBI's Legal Attache office in Berlin. Salim, an Iraqi Kurd, was charged with conspiracy to murder U.S. citizens and use of weapons of mass destruction in the two Embassy bombings. In December 1998, Salim was extradited to the United States to face the charges.
In December 1998, five additional defendants were indicted on charges of bombing the U.S. Embassy in Tanzania and conspiring to kill American nationals outside of the United States. They are Mustafa Mohammed Fadhil, Khalfan Khamis Mohamed, Ahmed Khalfan Ghailani, Famid Mohammed Ally Msalam, and Sheikh Ahmed Salim Swedan. All are fugitives.
We seek to bring to justice every person who was involved in the bombings. We will accomplish this using all available legal means for as long as it takes.
This case clearly shows the priority that the FBI places on the struggle against terrorism, wherever it is aimed at harming Americans and other innocent victims.
Foreign Terrorists in U.S.
Terrorism can be carried out by U.S. citizens or by persons from other countries. At one time, with these crimes erupting in much of the world, many Americans felt we were immune from terrorism with foreign links. All of that ended in 1993.
The type of terrorism which had previously occurred far from our shores was brought home in a shocking manner when in February a massive explosion occurred in the parking garage at the World Trade Center complex in New York City. Six persons were killed and more than 1,100 injured. The FBI led a coordinated law enforcement effort to determine who was responsible for this terrorist incident, and ultimately identified seven individuals, including Ramzi Ahmed Yousef. Six of the seven were convicted between 1994 and 1997 and are currently serving lengthy prison terms. One individual was indicted but remains a fugitive.
Following the World Trade Center bombing, Ramzi Ahmed Yousef surfaced in the Philippines where he and a group of co-conspirators plotted in 1995 to bomb U.S. commercial airliners in the Far East. Yousef was apprehended abroad in 1995 by FBI Agents and State Department Diplomatic Security Officers and ultimately convicted and sentenced to life in prison. Two coconspirators were also found guilty in 1996.
A major terrorist incident was also prevented in 1993, when the FBI uncovered a plot to bomb a variety of government and critical infrastructure targets across the New York City area. The investigation culminated with multiple arrests. In 1994 and 1995, four defendants entered guilty pleas and ten defendants were convicted, including Sheik Omar Abdel Rahman. Sentences ranged from 15 years to life in prison.
In another major terrorist case in 1993, Mir Aimal Kasi, armed with an AK-47 assault rifle, shot five individuals as they were stopped at the entrance of CIA Headquarters in Langley, Virginia. Two CIA employees were killed and three were seriously wounded. A joint task force was established, consisting of FBI Agents and local detectives. For the next four years, an intensive investigation took place to locate and apprehend Kasi. Through careful coordination with other intelligence and law enforcement agencies, the FBI was able to locate and apprehend Kasi abroad in June, 1997. Kasi was returned to the United States and stood trial in state court for murder. He was later found guilty and sentenced to death.
In 1996, an explosive device contained in a truck detonated outside Building 131 at the Al Khobar Towers in Dhahran, Saudi Arabia, that housed U.S. military personnel. The explosion killed 19 U.S. servicemen and wounded 280. The FBI has conducted an intensive investigation, and has worked with Saudi law enforcement officials to identify and to apprehend those responsible. The FBI has a firm commitment to find and prosecute the bombers, no matter how long it may take.
Through the efforts of FBI Legal Attache offices over an 18-month period, Mohammed Rashid, wanted for the 1982 bombing of a U.S. commercial aircraft, was detained while exiting a Middle Eastern airport. He was returned to the United States in June 1998 to face murder charges. FBI Legal Attaches are Special Agents stationed at U.S. Embassies abroad who work with foreign law enforcement agencies on crime problems of common concern, including locating and apprehending fugitives charged with offenses in the United States.
Domestic Terrorism--Federal Building Bombing
The 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City remains the worst terrorist attack ever to occur on American soil, killing 168 persons and wounding nearly 700 more.
It was a crime that shocked the nation and the world. The FBI immediately began one of the most intensive investigations in its history. Law enforcement cooperation played an unusually important part in the initial stages of the investigation: an alert Oklahoma State Police officer arrested one of the subjects on a traffic charge and he was held in custody as the FBI investigation unfolded.
FBI Agents and laboratory and evidence technicians combed the bombing site and Agents were able to link the person in custody to the bombing. The suspect, Timothy James McVeigh, was taken into custody by the FBI and the investigation stretched quickly over a number of states.
As the investigation expanded, the FBI also developed evidence against a second person, Terry Lynn Nichols, and he was also taken into federal custody.
For months, FBI Agents gathered evidence and conducted thousands of interviews as they worked closely with prosecutors from the Department of Justice. At the trial of McVeigh, the painstaking investigative work yielded great dividends for the law-abiding public and the rule of law: McVeigh was convicted of all 11 counts, including eight counts of first degree murder in the deaths of federal law enforcement officers who died in the blast at the federal building. McVeigh was then sentenced to death.
In a later trial, Nichols was also found guilty in the bombing and he received a sentence of life in prison.
In both cases, the evidence gathered in the grueling investigation held up under the sharpest challenges. The credibility and trustworthiness of FBI investigators and Laboratory scientists were unanimously confirmed by the jury and the courts.
UNABOMB Case
One of the FBI's longest violent crime investigations went on for 17 years before ending in the capture of a man wanted for a series of fatal bombings. It was called the UNABOMB case--a code name selected because some of the bombs were set off on university campuses and one was placed aboard an airliner. During the 17 years, beginning in 1978, the serial bomber, later identified as Theodore J. Kaczynski, mailed or placed sixteen improvised explosive devices--killing three persons and injuring 23 others. A crucial development in the case occurred in 1996 when the bomber sent a manuscript to The New York Times and The Washington Post, and both newspapers set a new standard of public service when they published it at the FBI's request. Publication set into motion a series of events that led to the bomber's capture. Kaczynski was living as a recluse near a small town in Montana. The FBI conducted a search of his cabin pursuant to a warrant, found evidence linking him to the bombings, and arrested him. After the beginning of his trial, Theodore Kaczynski agreed to an unconditional plea of guilty to all of the charged acts, as well as bombings for which he was not formally charged. He was sentenced in 1998 to life in prison without possibility of parole.
Other Terrorism Cases
Another major domestic case involved members of the terrorist group Aryan Nation who set themselves up as an organization called the New Order and conspired to carry out a series of murders, robberies, and weapons violations. Following a careful FBI investigation, six persons were arrested on conspiracy and weapons charges. All either pleaded guilty or were convicted at trial, and sentences of up to seven years in prison were imposed. The FBI investigation showed that the targets of the plot included the Southern Poverty Law Center, the Simon Weisenthal Center in Los Angeles, the Anti-Defamation League of B'nai B'rith, Federal Reserve Chairman Alan Greenspan, and film director Steven Spielberg.
The FBI arrested members of the True Knights of the Ku Klux Klan before they could carry out a plot to bomb a natural gas processing and storage facility in Texas as a diversion to robbing an armored car. Three defendants received sentences ranging from 14 to 22 years in prison.
The FBI has worked closely with our law enforcement partners at home and abroad to bring terrorists to justice. Terrorist incidents are crimes against all humanity. Terrorists must be found, prosecuted and imprisoned. All law enforcement world-wide must cooperate in the fight against terrorists and in the efforts to prevent terrorist incidents wherever they may be planned. This cooperation is working. Between 1993 and 1998, ten individuals charged with terrorism were returned from abroad to the United States by the FBI working in coordination with other U.S. Government agencies and the countries in which those subjects were located.
New Terrorists
State-sponsored terrorism is no longer the only terrorism problem. There are new terrorists--loosely organized groups and ad hoc coalitions motivated by perceived injustices or ideologies, along with domestic groups and disgruntled individual American citizens. They have attacked the U.S. at home and abroad. Terrorists represent the very worst of criminals--they attack without regard to the lives of their victims, and they generate fear intended to intimidate nations and democracies. The growing and changing threat of terrorism in the United States has required a well-coordinated and decisive response from the federal law enforcement community. For example, the FBI established a Counterterrorism Center in 1996 after the Federal Building in Oklahoma City was bombed. Eighteen federal agencies maintain a presence in the Center. It was created to strengthen the FBI's ability to track potential terrorist threats, prevent attacks, and investigate events that do occur. The Center has provided invaluable assistance in recent terrorist incidents, including the attacks on the United States Embassies in Kenya and Tanzania.
Weapons of Mass Destruction
The threat of domestic terrorism, or international terrorism targeting U.S. interests, is a principal concern of the FBI and other government agencies. This concern is magnified when the terrorism involves a weapon of mass destruction (WMD). Recent national and international events have validated this point and illustrate the need for interagency preparedness.
In Washington, D.C., a container was found at the Anti-Defamation League that was believed to contain a chemical or biological agent. Fortunately, the contents proved harmless. In Buffalo, NY, Stuart Lee Von Adelman was the first person arrested and prosecuted for fraudulently obtaining radioactive material. He posed as a professor of physics and acquired Cadmium 109 and Sodium 22 from legitimate sources in Missouri and California.
In 1995, Larry Wayne Harris, an Ohio resident, obtained three vials of bubonic plague from a Maryland firm using a fraudulent Environmental Protection Agency (EPA) authorization. Harris was convicted of Fraud by Wire. Also in 1995, four Minnesota men who were members of a militia organization were arrested for possession of the chemical agent ricin which they were planning on using against law enforcement officials. They were the first people convicted under the Biological Weapons Anti-Terrorism Act. In 1997, Thomas C. Leahy was convicted in a similar ricin incident that targeted his family.
WMDs have also been used on a larger scale. The bombings in Oklahoma City, OK; the World Trade Center in New York, NY; and the U.S. Embassies in Africa as well as the Tokyo subway sarin attack are tragic examples of terrorism on a large scale.
In 1995, to address events of this kind and bring organization to the federal government's response to a domestic WMD threat or incident, the President issued Presidential Decision Directive-39. PDD-39 established the FBI as the lead federal agency (LFA) in charge of the crisis management aspects of a domestic terrorism WMD threat or incident. The Federal Emergency Management Agency (FEMA) was tasked with LFA status in the area of consequence management.
To fulfill this responsibility, the FBI has implemented a program of interagency contingency planning, exercises, and a command control framework designed to coordinate federal resources and interface with responders from state and local agencies. This team approach recognizes each agency's role in a WMD incident or threat and is designed to take advantage of each agency's unique resources and abilities. Additionally, the concept ensures that federal assets will be available to augment state and local on-scene resources when the scope of an incident exceeds their capabilities.
The FBI is also actively engaged in WMD exercises at all levels. Recently, the FBI and the Department of Defense (DOD) hosted an interagency, national-level WMD field training exercise (FTX) during which the FBI established an interagency Joint Operations Center (JOC) and Joint Information Center (JIC). The FTX was very successful and validated the FBI's WMD response command and control plan. Additionally, the FBI has hosted and participated in numerous interagency WMD table top exercises (TTXs) and the Nunn-Lugar first responder exercises sponsored by the DOD.
Examples of this activity include six interagency regional training seminars hosted by the Milwaukee Field Division that focused on tracking potential terrorists and understanding WMD statutes. The Oklahoma City Field Division hosted a domestic preparedness conference attended by the governors and city officials from four states as well as representatives from DOD and FEMA.
Command, control, and coordination requirements exist beyond the on-site federal response. The ability of local and state agencies to understand how the federal WMD response functions and how national resources will be made available to augment their assets during a WMD incident is crucial. To accomplish this and in response to a plea from local and state authorities, the Attorney General recently established the National Domestic Preparedness Office (NDPO). The NDPO, an interagency organization under direction of the FBI, will provide state and local agencies across the nation a single point-of-contact to coordinate training and readiness.
At the strategic level of command and control, the FBI recently activated the new Strategic Information Operations Center (SIOC). This 40,000 square foot, $20 million facility features the ability to manage several crisis situations simultaneously. A staff of up to 450 personnel may operate from SIOC, allowing the facility to meet the needs of all FBI operational divisions. SIOC operates on a 24-hour a day, 7-days a week basis providing support to FBI Headquarters executives and units, field offices and legal attaches throughout the world. SIOC's mission is operations coordination and information management, serving as the focal point for information flowing into and out of the FBI Headquarters and providing a single point of contact for operational reporting and requests for assistance Bureau wide. During a crisis, SIOC provides the facility, advanced technologies, communication links and trained staff to support the crisis managers and collaborative teams formed to deal with the situation. The SIOC has been designed to support simultaneous events which may have differing operational requirements and varying security levels. Information system resources can be quickly customized to support any event. Located on the fifth floor of the J. Edgar Hoover building, the SIOC facility is close to most of the principal Headquarters National Security Division and Criminal Investigative Division operational units, providing ready access as the situation warrants.
The FBI considers a WMD terrorism event an increasing possibility and is taking every step available to better prepare the FBI and the interagency community for this eventuality.
For the past several years the tactical response to a WMD situation has been the responsibility of the Critical Incident Response Group's (CIRG) Hostage Rescue Team. During 1998 this responsibility was expanded to include the 1,100 Bureau SWAT field Agents. Protective equipment has been procured and an aggressive training package is being developed.
The National Center for Analysis of Violent Crime (NCAVC) has the capability to analyze communicated threats regarding Weapons of Mass Destruction matters. CIRG defines WMD to include nuclear, biological, chemical and large conventional explosive devices for use in domestic terrorism. An agreement exists which details the responsibilities of the various governmental agencies involved in the handling of WMD matters. In preparation for response to WMD issues CIRG has hosted a seminar on the psychological makeup and motivation of groups that have used WMD tactics in the past. A seminar held at Quantico featured Dr. Gerrold Post, a former CIA Director of Psychological Services, and Dr. Ian Reader, who has studied first hand the Aum Shinrikyo organization and their use of sarin gas in 1995 in the Tokyo subway system. CIRG has hosted other seminars on religious/extremist groups that may use WMD tactics as part of their apocalyptic vision. CIRG is continually sensitive to changing trends and organizations which may represent potential threats to the U.S. government and may have the inclination and methodology to use WMD.
NCAVC's Pale Horse Research Project involves a behavioral study of offenders who have previously engaged in WMD threats and activities. CIRG has signed an agreement with the Department of Energy's Office of Nonproliferation and National Security to establish a data base on past WMD offenders and incidents.
Espionage
Espionage is one of the crimes that inflicts immense damage to the security and interests of the United States. The FBI assigns significant resources to counter-espionage programs and has developed new and beneficial working relationships with other federal agencies to assist in these efforts.
In the past five years, I have made it a top priority to create and enhance closer, more productive ties with the Central Intelligence Agency.
These new relationships between the FBI and CIA are the best and most productive in the history of the long association between the two agencies. Ironically, the relationship we have forged now is better and more effective than the one existing at the height of the Cold War.
Great credit for the close new ties between the two agencies goes to John M. Deutch, who was the catalyst for significant improvements when he served as CIA Director, and they have been carried out and expanded with wisdom and leadership by George J. Tenet, the current CIA Director.
Since the CIA and the FBI are both dedicated to the protection of the American people, full cooperation makes the very best sense--and produces the best results for the nation.
The CIA and FBI now have the closest possible working relationships on national security matters that are among the most sensitive concerns facing the nation: counterterrorism and counterespionage; the protection of intelligence; and the successful investigation and prosecution of cases.
The cooperation is also heightened by exchanges of personnel. High-level Central Intelligence Agency officials work in positions of great authority and line authority at the FBI, and FBI agents hold similar positions at the CIA. Such efforts are an absolute necessity in carrying out our responsibilities to all Americans.
The enhanced partnership has led to solid achievements in the never-ending struggle to ferret out those who have, in league with foreign governments, stolen classified information vital to the security of the United States.
These espionage cases affect the well-being of every American.
One of the most significant results of the new ties between the FBI and CIA is shown in the Aldrich Ames case.
Aldrich Hazen Ames and his wife, Maria Del Rosario Casas Ames, were arrested by the FBI in 1994, and charged with conspiracy to commit espionage. Ames was a 31-year employee of the Central Intelligence Agency who volunteered to spy for the KGB of the Soviet Union in 1985, while serving as the chief of a highly sensitive Soviet branch in the CIA's Directorate of Operations. The FBI's successful investigation resulted in Ames receiving a life sentence without parole. Rosario Ames was sentenced to 63 months in prison. The CIA made a major contribution to this vital case.
Harold J. Nicholson was arrested for conspiracy to commit espionage in 1996, as he attempted to leave the United States for a meeting with agents of the Russian Intelligence Service. He was the highest ranking CIA official ever to be convicted of espionage. Nicholson pled guilty in 1997 to one count of conspiracy to commit espionage. He was sentenced to 23 years and 7 months in prison. This case again shows the benefits of the close working relationship between the FBI and CIA, and the invaluable contributions that the CIA can make to ensure successful investigative accomplishments.
Earl E. Pitts was arrested in 1996, and charged with conspiracy to commit espionage, attempted espionage, and communication of classified information by a government officer.
Pitts, a 13-year veteran Special Agent of the FBI, provided the KGB with sensitive, classified FBI counterintelligence information from 1987 until 1992. Pitts was successfully prosecuted after the FBI conducted a difficult undercover operation which succeeded in reactivating Pitts, a trained counter-intelligence officer himself, and that provided the strongest evidence of his crimes. Pitts was sentenced to 27 years imprisonment. This case shows that spies can be anywhere, and the FBI is determined to find them even if they are on our own rolls.
It is profoundly disturbing that an FBI Special Agent would be a spy for a foreign government. But I am proud that the FBI pursued this case so vigorously, letting the chips fall where they may. The FBI policed itself, even where the most treacherous crimes were involved. The FBI maintained the highest standards in pursuing this case to a successful conclusion.
Late in 1998, the FBI arrested 10 persons in Florida on charges of conducting espionage activities against the United States on behalf of the government of Cuba. The arrests marked the culmination of a lengthy and precedent-setting investigation into Cuban efforts to spy on federal agencies and installations.
In a long and complex investigation by the FBI and other agencies, the government made these allegations in accusing David Sheldon Boone of being an agent of the KGB: In 1988, Boone, a U.S. Army sergeant assigned to the National Security Agency at Ft. Meade, volunteered at the Soviet Embassy in Washington, D.C. During two meetings in the Soviet Embassy complex, and during meetings in Germany following his transfer to Field Station Augsburg, he compromised Top Secret signals intelligence information. In 1991, the Army revoked his clearances and he was reassigned to duties without access to classified information. Shortly thereafter, his contact with the KGB was discontinued. He retired from the Army in 1991. The KGB paid him approximately $60,000 during 1988 through 1991. Boone was arrested following a joint investigation by the FBI and the U.S. Army Foreign Counterintelligence Agency with significant assistance from the National Security Agency. Boone earlier was telephoned by an FBI operational asset, and Boone agreed to meet in London. An undercover operation was conducted in London with the cooperation of the British Security Service during which Boone detailed his prior cooperation with the KGB and agreed to travel to Washington, D.C., for a subsequent meeting, where he was arrested. Late in 1998, Boone pleaded guilty in U.S. District Court in Alexandria, Virginia, to conspiracy to commit espionage.
The FBI investigation of Theresa Squillacote and her husband, Kurt Stand, was predicated on highly reliable information indicating she and her husband were recruited by the former East German Intelligence Service. The investigation determined that they continued their intelligence activities in the United States following the 1990 German unification and during a subsequent FBI undercover operation. They were arrested and following a two-week trial were convicted in 1998 of four counts of espionage.
Another espionage case involving the former East Germany also was investigated successfully by the FBI. The case involved James Clark and allegations that he was recruited by the former East German Intelligence Service. The investigation and a subsequent undercover operation determined conclusively Clark was continuing unlawful clandestine intelligence activities in the United States. He was arrested and pleaded guilty in 1998 to violations of the espionage statutes.
In 1998, Dr. Peter H. Lee, a former Department of Energy scientist, was sentenced on one count of espionage and one count of making false statements to the U.S. Government committed on behalf of the Peoples' Republic of China (PRC). This concluded a seven year investigation by the FBI of Lee which resulted in his interrogation and confession to passing classified information to representatives of the PRC's nuclear weapons development program. The illegal activities for which Lee was charged were committed while he was employed as a research physicist at the Los Alamos National Laboratory in the mid-1980s.
New Strategies
One of the FBI's most important initiatives in the past five years was the development of new strategies and tactics to use in what have become known as "stand-off" situations--cases where groups of armed persons charged with illegal acts barricade themselves in compounds and threaten to use force to block arrests.
The new strategies were developed after the incidents at Ruby Ridge, Idaho, and the Branch Davidian compound in Waco, Texas. One of my first priorities upon joining the Bureau was to develop new plans for resolving standoff situations through negotiations and without harm to anyone while still doing everything necessary to make certain that the law is enforced.
The FBI reviewed its policies regarding use of deadly force and stand-off situations and then created new procedures. One of the first major steps was creation of the Critical Incident Response Group. Among other capabilities, CIRG developed a new, balanced approach to hostage and standoff situations: highly-effective negotiations techniques supported by excellent tactical capabilities if needed. These new policies and approaches received their first test in 1996. The case involved the self-proclaimed "Freemen" in Montana. "Freemen" members had committed numerous criminal acts including conspiracy, bank fraud, mail fraud, wire fraud, false claims, threats to Federal officials, and weapons offenses. In March 1996, two Freemen were arrested by members of The Hostage Rescue Team and an 81-day stand-off ensued with the remaining subjects located on the "Freemen" farm property. Through negotiations and law enforcement patience, the remaining individuals peaceably surrendered after three months and the stand-off was successfully resolved without injury to anyone. Seventeen of the Freemen had been convicted by late October 1998 and charges were pending against five others.
Economic Espionage
The FBI worked diligently to support the drafting and subsequent passage by Congress of the Economic Espionage Act. The new statute, signed into law in October 1996, created historic, new Federal criminal jurisdiction regarding both state-sponsored and the commercial theft of trade secrets.
Economic Espionage involves the theft of trade secrets and intellectual property and threatens our country's economic health, competitiveness, and security. Our Nation's economic security is synonymous with our national security. Losses to businesses from theft and misappropriation of intellectual property and trade secrets are estimated at billions of dollars per year. The Act created federal jurisdiction regarding both state-sponsored and commercial theft of trade secrets, and the FBI enforces the statute. Notable cases have been investigated by the FBI in a short time, with key indictments brought and some convictions already obtained.
The Act carries a maximum penalty of 15 years in prison for diverting or stealing a trade secret on behalf of a foreign government. It contains a 10-year penalty for commercial theft of trade secrets not involving a foreign power. Both types of cases have been successfully investigated by the FBI.
In one case, a man pleaded guilty to theft of trade secrets involving the development of a new razor by the Gillette Company. The successful investigation prevented a potential loss to Gillette of hundreds of millions of dollars. The defendant, a former employee of a Gillette contractor, was sentenced to 27 months in prison.
In another economic espionage case investigated just prior to the Act's passage, a former official of the Eastman Kodak Company pleaded guilty to interstate transportation of stolen property from the firm and was sentenced to a year in prison.
Other pending cases involve alleged efforts to steal manufacturing information for an anti-cancer drug and medical test equipment.
In addition, FBI investigations led to these prosecutions: the indictment of a man on charges of attempting to purchase blueprints on mining technology; charges against several persons on charges of trying to sell a newspaper's confidential business information to a competitor; charges against two persons who allegedly attempted to sell prototype computer processor chips to a competitor.
In all, a dozen cases have been brought under the Economic Espionage Act since its passage, and many more cases are under investigation.
Infrastructure
In February 1998, the National Infrastructure Protection Center (NIPC) was created by Presidential Decision Directive and placed within the FBI to help guard against efforts to harm the nation's critical infrastructure--which includes computers and telecommunications, banking, electric power, gas and oil systems, water supplies, and government operations.
Through a variety of efforts by the FBI and other Federal agencies, NIPC and other parts of the FBI work closely with state and local law enforcement agencies and the private sector components of the infrastructure.
For example, NIPC utilizes the capabilities of Computer Investigations and Infrastructure Threat Assessment Teams located in each of the FBI Field Offices throughout the U.S.
NIPC provides support to FBI field offices in the form of training and materials. NIPC is building a centralized database to identify the different types of problems that occur. The FBI field offices are communication conduits for infrastructure protection issues within the law enforcement community. It is their responsibility to assist other law enforcement agencies in becoming aware of potential vulnerabilities, identifying them, and finding information with which to mitigate or eliminate the risk.
There are currently six National Infrastructure Protection and Computer Intrusion (NIPCI) Squads - Washington, D.C., New York, Los Angeles, Dallas, Chicago and San Francisco. Four new Squads are under consideration for FY 1999 - Atlanta, Boston, Charlotte and Seattle.
A NIPCI Squad is formed on the basis of the number and concentration of the following critical infrastructure sites in a geographic area: U.S. Government agencies, including the Department of Defense and the Department of Energy; financial institutions; universities; and the internet service providers. Site selection also is dependent on the number of personnel who have the technical and computer skills. This allocation is based on the FBI's mission to prevent, respond to, and investigate cyber attacks on this nation's critical infrastructures and to oversee FBI computer crime investigations conducted in the field.
The FBI has identified automated information systems as the greatest area of potential exposure within law enforcement today.
Long before NIPC was created, the FBI was very active in the infrastructure protection field and in 1996 created the Computer Infrastructure Threat Assessment Center. One example of that early work and its expansion is shown by the Cleveland Field Office, which in 1996 organized Information Technology Managers and professionals representing the eight critical infrastructure areas into a group known as InfraGard. This organization consisted of representatives from the business community, academia, other Government agencies and the FBI in a cooperative effort in the exchange of information to ensure the protection of our critical information infrastructure. InfraGard members exchange and disseminate information regarding illegal intrusions, disruptions and vulnerabilities of the information systems of the participating members. From the initial core group of twelve members, the Cleveland chapter has now grown to more than 70 members as a result of the successes of Cleveland's initiative. InfraGard Chapters are also now operating in Columbus, Ohio, and Indianapolis, Indiana. Cleveland's prototype InfraGard Chapter is serving as a model for the establishment of chapters nationwide.
Chapter 3: Tools and Resouces to Support Investigations
To combat crime and protect the American people, it is imperative that the FBI have sufficient resources to accomplish this mission.
Part of those resources are human resources--the very best Special Agents and other specialists and personnel.
Part of the resources are financial--funds that enable the FBI to not only fight crime on an effective basis but to be able to deter and defeat criminals in the constant struggle to uphold the rule of law.
Part of the resources are technical--to be able to use the best cutting-edge equipment and technology against every type of crime.
Possessing these resources will enable the FBI to make the leap into the 21st Century now:
Showing great wisdom, Congress has greatly increased FBI budgets for priority enforcement programs.
The larger budgets have enabled the FBI to significantly increase its complement of Special Agents and other highly-trained employees.
Better planning has enabled the FBI to take agents from less productive jobs at Headquarters and put them back into our high priority Field Office operations.
Use of contract Special Investigators to perform applicant background investigations has enabled the FBI to redirect field office Special Agent resources to higher priority criminal and national security threats.
The FBI's Laboratory has been greatly improved and has received a vitally-important accreditation.
New scientific techniques now allow the FBI to identify dangerous offenders who would otherwise evade law enforcement.
Information sharing is the standard today for all of law enforcement, and the FBI is the leader in a range of programs that are making breakthroughs in such vital areas as instantaneous notification of information on offenders and computerization of fingerprint comparisons.
Where once the FBI could do little beyond our borders, today we have fashioned working relationships of real substance with police departments around the world and have expanded a network of foreign offices to aid in the fight against the worst crimes faced by all countries.
It must be emphasized here that the most important tool possessed by the FBI is the law--the law that guides all of our actions, the law that enables us to protect the public from harm, the law that ensures the rights of the public will be protected.
Budgets and Personnel
Since Fiscal Year 1994, authorized personnel levels have grown by nearly 16 percent, including the addition of more than 1,300 new Special Agent positions and almost 2,600 new professional support positions. In terms of dollars, the FBI's budget has increased from $2.1 billion in Fiscal Year 1994 to $3.0 billion in Fiscal Year 1999.
Factors that led Congress to increase the FBI's budgets include the major problems and threats of terrorism, organized crime, drug trafficking, new crime threats from abroad, health care fraud and other white collar crime, and crimes against children.
During this period of budget growth, the FBI has implemented the major elements of a strategic management system and has integrated these elements into the budget process. The FBI Strategic Plan brings results-oriented program management to resource allocation; the three tiered structure of its operational strategic goals are the roadmap for justifying and prioritizing all future budget enhancements. Individual program plans establish the specific goals, strategies, critical success factors, resources, and performance measures necessary to conduct proactive program management in line with the overall FBI Strategic Plan. Field Office plans establish the regional component of this strategic management system, with Special Agents in Charge (SACs) prioritizing their efforts and committing to performance targets.
From October 1, 1994, to September 30, 1998, the FBI hired 3,705 new Special Agents which was 32 percent of the entire Special Agent work force on 9/30/98. The authorized number of Special Agents for Fiscal Year 1999 is 11,698 and the authorized number of professional support personnel is 17,033 - a total work force of 28,731.
Legal Attache Program
The FBI Legal Attache program is an important tool in the Bureau's efforts to combat growing international crime. The Legal Attaches are senior FBI Special Agents, stationed at U.S. Embassies, who work closely with the law enforcement agencies of the host countries on common crime problems.
With transnational crime a grim and growing fact of life, the Legal Attaches of the FBI have taken on great new significance.
They serve the nation as a critical public safety asset abroad to aid investigations that are being carried out in the United States. They also cooperate with local authorities against host-country crime problems that threaten United States interests or have already gained a foothold in the U.S.
The importance of the Legal Attaches cannot be exaggerated in an era where the United States is not only fighting home-grown crime but is turning ever-increasing attention to crime that has a foreign source.
Legal Attaches are the country's first line of defense beyond our borders. As a distant early warning system they are part of a presence that is alert to the real and potential perils around the world. Their goals are simple - to stop foreign crime as far from American shores as possible and to help solve as rapidly as possible those international crimes that do occur. FBI Legal Attaches are in place to facilitate the international battle against crime and terrorism by establishing operational links with foreign law enforcement agencies.
In the last five years, the world has seen a vast increase of crimes committed with an international connection. The sophistication and power of international organized crime groups have increased. The FBI must have an active and growing overseas presence that fosters the establishment of effective working relationships with foreign nations.
There is no substitute for these "cop-to-cop" relationships. We can learn from our foreign police counterparts. They can learn from the FBI. Through training and working on actual cases and criminal threats, the cause of law enforcement everywhere is strengthened.
In 1993, the FBI had 21 Legal Attache offices abroad, staffed by a total of 55 Special Agents. By 1998, the number had grown to 32 offices staffed by 83 Special Agents and 70 support personnel. In addition, the FBI has a senior Special Agent assigned to the International Law Enforcement Training Academy in Budapest who serves as the Bureau's contact with the Hungarian government.
The Legal Attache offices are located in Athens, Greece; Bern, Switzerland; Berlin, Germany; Brussels, Belgium; Cairo, Egypt; Kiev, Ukraine; London, England; Madrid, Spain; Moscow, Russia; Paris, France; Pretoria, South Africa; Riyadh, Saudi Arabia; Rome, Italy; Tallinn, Estonia; Tel Aviv, Israel; Vienna, Austria; Warsaw, Poland; Bangkok, Thailand; Bogota, Colombia; Bridgetown, Barbados; Buenos Aires, Argentina; Canberra, Australia; Caracas, Venezuela; Hong Kong, Peoples Republic of China; Islamabad, Pakistan; Manila, Philippines; Mexico City, Mexico; Montevideo, Uruguay; Ottawa, Canada; Panama City, Panama; Santiago, Chile; and Tokyo, Japan.
In November 1998, the Congress approved creation of five additional Legal Attache offices, in Almaty, Kazakhstan; Ankara, Turkey; Copenhagan, Denmark; Brasilia, Brazil, and Singapore. The Congress also approved nine Special Agents for the five new offices and three additional Special Agents for the existing offices.
The major function of Legal Attaches is enlisting the cooperation of foreign law enforcement on a large number of cases, enabling the arrest of many U.S. fugitives, and solving serious U.S. crimes. All of the FBI's field offices have sought Legal Attache assistance. More than 80 percent of the current case load handled by Legal Attache offices is in direct support of domestic FBI investigations, including the priority of helping to arrange the arrest and extradition to the United States of wanted criminals.
Legal Attaches in fiscal 1998 handled over 23,900 investigative matters, ranging from kidnaping to drug trafficking, from terrorism to money laundering, from financial fraud to extortion. These agents and support staff serve as the conduit through which law enforcement information and cooperation flow between the United States and foreign nations.
The value of the Legal Attaches program was shown again following the recent bombings of U.S. Embassies in East Africa. Legal Attaches posted in Pretoria, South Africa, and Cairo, Egypt, were the first FBI Agents to arrive in Nairobi and Dar es Salaam, respectively, in the immediate aftermath of the terrorist bombings. This is particularly significant because they responded from offices that were approved by Congress and opened in 1997.
For example, the Legal Attache from Pretoria was "on-the-ground" in Nairobi in a matter of hours. This was critical from an investigative standpoint because of key steps necessary to initiate an investigation and prevent further loss of life. Those steps included the establishment of FBI law enforcement liaison with the Chief of Mission and Embassy team, to allow for necessary decision-making to move forward; liaison with Kenyan government and law enforcement authorities, leading to a joint investigative effort; and the preservation of the crime scene and critical evidence as priority life saving efforts were underway. In an effort of this magnitude, the logistical arrangements surrounding the deployment of scores of FBI investigators and other experts from the U.S. on short notice can be a monumental task.
An almost identical sequence took place in Dar es Salaam. An FBI Special Agent from the Legal Attache Office in Cairo also arrived in Tanzania within a matter of hours. Clearly, in both cases, the response to these deadly terrorist bombings was greatly aided by the presence of the established Legal Attaches in Africa. In years past, Agents would have had to respond from Europe or elsewhere, greatly delaying the arrival and the FBI's ability to respond effectively to the crimes.
Following the August 1998 bombings of the two United States embassies in East Africa, the FBI instituted the Rapid Deployment Team (RDT) concept to more effectively deploy large numbers of personnel to crime scenes in nations that are receptive to ongoing joint investigations. The ability to arrive on the scene with pre-constituted investigative, administrative, and logistical support elements is paramount to the successful conduct of a major investigation. The five Rapid Deployment Teams, each led by a Special Agent in Charge and an Assistant Special Agent in Charge, who are selected on their proven abilities in large scale crisis situations, have been established in FBI field offices in Los Angeles, Miami, New York, and the Washington Field Office, which has two teams. Each field office will augment the leadership role with five Supervisory Special Agents. Special Agent investigators and support personnel constitute the bulk of the team and are selected based on investigative need. As RDTs are designed to be fully deployed in response to bombings of United States interests, they will be augmented by a cadre of Special Agent Bomb Technicians. Evidence Response Teams and security specialists will also join the deploying RDT from the host field office or from other available divisions. Communicators and logisticians will be encompassed in the RDT concept as will language specialists, as needed, and expert forensics personnel from the FBI Laboratory.
Future major deployments of the FBI to foreign locations are expected to consist of three distinct tiers. The initial responders to the crime scene will include the assigned Legal Attache from a post abroad who will have the ability to communicate initial reports upon which the main body deployment team will rely for appropriate staffing and equipment. Within four hours of notification of an incident predicating RDT response, an Advance Team will depart from the Washington, D.C., area in a fast jet aircraft. The Advance Team will include a command element, an investigative component, logistics personnel, communicators, personnel from the Critical Incident Response Group who will be able to assist in the structuring of a forward command post, and physical security specialists who will report on the perceived continuing threat to responding FBI personnel and the need for additional physical security at the crime scene and housing for FBI personnel. The third tier of the FBI response potentially involves a full RDT which consists of approximately 160 members. As the needs of the scene dictate and with the concurrence of the host nation, the FBI will dispatch additional personnel to accomplish evidence gathering and investigative missions.
FBI Laboratory
I have long believed that the FBI Laboratory is the finest criminal forensic institution in the world. As a Special Agent, Prosecutor, and Judge, I relied on its professionalism, expertise, and integrity. All of us in the Bureau were therefore very gratified late in 1998 when the Laboratory was formally accredited by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board.
The accreditation had been one of my goals since becoming FBI Director, and it culminates a long-term Bureau commitment to continual improvement through the tireless work and leadership of the Laboratory staff. This certification is a tangible demonstration of the Laboratory's continued excellence and scientific leadership beyond a shadow of a doubt.
Major Advances In DNA
A short time later, the Laboratory again provided evidence of its dedication to positive change and excellence when it introduced a new tool for fighting violent crime--the National DNA Index System (NDIS).
NDIS enables public forensic laboratories throughout the United States to exchange and compare DNA profiles electronically, thereby linking unsolved serial violent crimes to each other and to known sex offenders.
There will be a significant crime prevention benefit as this new DNA program identifies serial offenders who might otherwise escape detection for their repeat crimes.
All fifty states have passed legislation requiring convicted offenders to provide samples for DNA databasing. These states have collected approximately 600,000 DNA samples and analyzed more than 250,000. All fifty states have been invited to participate in NDIS and it is expected that all states will contribute their convicted offender DNA profiles to NDIS.
The FBI is the first laboratory in the U.S. to use DNA profiles to identify positively a specific individual as the source of a stain. In the past, the FBI would provide a number indicating the statistical probability of a DNA match. However, as of October 1, 1997, the FBI can provide testimony that the questioned biological material came from a specific individual to the exclusion of all others, if presented with sufficient DNA typing information. The first FBI Lab report reflecting the new policy was issued in October 1997 after the investigation of a serial rapist from Milwaukee, Wisconsin. A correctional officer was charged with the kidnaping and first degree sexual assault of a Milwaukee woman. An FBI examiner testified at the trial that the correctional officer was the source of the semen found on the victim's clothing. Despite the rape suspect having four alibi witnesses - including his police officer wife - the man was convicted. According to the Assistant District Attorney who prosecuted the case, the DNA evidence presented at the trial was largely responsible for the conviction.
CODIS is a national database of DNA profiles from convicted offenders, unsolved crime scenes and missing persons. CODIS allows State and local law enforcement crime laboratories to exchange and compare DNA profiles electronically, thereby linking serial violent crimes (especially rapes) to each other and identify suspects by matching DNA from crime scenes to convicted sex offenders. CODIS has recorded over 400 matches linking serial rape cases to each other or identifying suspects by matching crime scene evidence to known convicted offenders. These matches have aided hundreds of violent crime investigations. CODIS is installed in 94 laboratories in 41 States and the District of Columbia.
Mitochondrial DNA (mtDNA) analysis is a powerful new forensic analytical tool which has been implemented in the FBI Laboratory. MtDNA analysis is applied to forensic specimens such as hairs, bones and teeth and is the most sensitive of all the forensic DNA techniques. It has been used to associate a single hair from a crime scene to a suspect and identify the skeletal remains of previously unidentified missing children. The Laboratory is currently the only law enforcement forensic laboratory in the U.S. capable of performing such analysis.
Approximately 25 percent of the DNA results indicate that an individual is excluded as a suspect. DNA analysis has also been used to establish innocence after trial. In 1989, a violent sexual assault occurred in Wisconsin. The defendant was arrested, charged and convicted of the crime. A biological sample from the convicted offender was re-typed using mtDNA technology and the results excluded him. Based on the mtDNA results, the defendant was subsequently released from prison.
In 1995, the Laboratory Division began developing basic capabilities for responding to and resolving the scientific, forensic and technical aspects of incidents involving chemical, biological and nuclear (CBN) materials. The FBI is establishing an effective, multifaceted forensic technical response capability within the FBI Laboratory for CBN terrorism incidents and environmental crimes. This capability is managed by the Hazardous Materials Response Unit (HMRU) which was formed in May 1996. Eventually, the HMRU will manage programs in the areas of: biological, chemical and radiology hazards; environmental crimes; health/safety; emergency response/training; information management and operations/logistics.
During 1997, the Laboratory initiated the development of mobile, modular laboratories deployable by ground, sea or air to support on-site forensic analyses and examinations in a wide spectrum of environments. These laboratories will support the collection, preservation, screening and field analysis of evidentiary materials collected at the scene of major terrorism events.
With the increased threat from sophisticated explosive devices, such as chemical/biological devices and large vehicle bombs, the Laboratory has a commitment to provide advanced technology to the U.S. bomb technician community. Significant efforts have and will continue to take place to improve the quality of training and support at the FBI's Hazardous Devices School at the Redstone Arsenal through equipment upgrades, instructor training and facility improvements.
DRUGFIRE is an automated computer technology which is capable of making otherwise unidentified links between firearms-related evidence. It was developed to assist the FBI and State and local law enforcement agencies in the fight against violent crime. DRUGFIRE is operational at 125 sites, with another 50 laboratories expected to install DRUGFIRE by the end of 1999. Nationwide, over 92,000 evidentiary images from over 167,000 criminal investigations have been entered in DRUGFIRE.
The FBI Laboratory is cooperating with the Bureau of Alcohol, Tobacco and Firearms (ATF) to make DRUGFIRE inter-operable with ATF's ballistics imaging system under the NIBIN Program.
The Laboratory is developing a forensic capability known as World Forensic Automated Counterterrorism System (World FACTS) that will share information on evidence (explosives, firearms, latent fingerprints) in terrorist incidents with other forensic laboratories. The Laboratory is deploying proven forensic database systems to allow foreign national police organizations to share information from evidence collected in international terrorist incidents. Initially, this initiative will focus on Canada, Germany, Italy, United Kingdom, Japan, France, Russia and the United States.
Laboratory Partnerships
The Laboratory has established partnerships with the Department of Energy, Department of Defense, other government agencies, national laboratories, and other Federal, State, and local laboratories and industry to allow for the highest degree of access and coordination in order to take advantage of emerging technologies to better serve all Laboratory customers.
The impending move of the FBI Laboratory to a location near the Forensic Science Research and Training Center at the FBI Academy at Quantico, Virginia, will result in the largest law enforcement applied science and technology enclave in the world. This will provide an unprecedented level of leadership and sponsorship of the application of science and technology to law enforcement and intelligence operations. A special priority will be placed on research and development functions in the new FBI Laboratory. In addition to its other functions, the new Laboratory will be a teaching facility that places emphasis on being a training center for state and local law enforcement agencies. The Laboratory also will foster with other laboratories an exchange of scientists, and will create internships and fellowships to aid in its exchange and teaching programs. Facilities will be available for the hosting of representatives from academia and other agencies for the purpose of conducting planning, peer review, training and research. Advanced systems for distance learning technologies for the dissemination of applied science and engineering information will be utilized.
Engineering/Infrastructure Branch
Late in 1998, the Engineering-Infrastructure Branch of the Information Resources Division was transferred to the Laboratory Division. This reorganization places all applied science and engineering activities under single management of the Laboratory. The new combination will result in greater effectiveness and increased efficiency in the advanced technical capabilities the FBI requires to fulfill its mission.
Decryption Support Resources
The FBI has conceptualized and proposed the establishment of a program to serve as a centralized civilian resource for reverse engineering, processing and decrypting lawfully intercepted digital communications and electronically stored information. In support of this effort, $7 million will be requested for equipment and services in the FBI's FY 2000 budget to Congress.
Research and Development
The FBI Laboratory is recognized as a world leader in the scientific analysis of evidence for the solution of crimes. Since its inception, the FBI Laboratory has consistently strived to enhance its services to the law enforcement and criminal justice communities through the research, development, and deployment of new or advanced forensic techniques and protocols. Through the Forensic Science Research and Training Center, located at the FBI Academy, the FBI Laboratory conducts research to develop new techniques of forensic analysis.
During 1998, the FBI Laboratory received $5 million through the Attorney General's Counterterrorism Fund to pursue several major Research and Development efforts. In support of these R&D projects, the FBI used two primary acquisition vehicles: 1) The FBI awarded 11 R&D projects through a Broad Agency Announcement
2) A Memorandum of Understanding between the FBI and the Department of Energy was established and funding was provided for 18 major R&D projects. The following highlights the critical technology initiatives for targeted R&D efforts: Explosives Detection Technology; Forensic Evidence Analysis and Crime Scene Technology; Information Infrastructure Technology; Victim/Terrorist Identification; and Specialized Training. The Laboratory has also initiated relationships with several universities, industry partners and national laboratories to further develop the Laboratory's extramural R&D program. In addition, the Laboratory has increased support/membership in relevant working groups, domestic and international, to achieve synergistic collaboration for current and future R&D efforts.
The FBI has instituted changes in the organizational structure of the FBI Laboratory in an effort to improve effectiveness and strengthen management of programs:
Appointed an internationally respected scientist as an FBI Assistant Director in Charge of the Laboratory following a national search.
Established a new position of Deputy Assistant Director for Science.
Establishing four senior-level scientist positions: Biologist, Biochemist, Chemist, and Physical Scientist. Established new units to address Chemical, Biological and Nuclear crime scene forensic needs and to implement Mitochondrial DNA examinations.
Formed and strengthened the Quality Assurance Program.
Enhanced the Evidence Response Team program, Computer Analysis and Response Team, the Bomb Data Center, and the Hazardous Material Response Unit.
Enhancing educational opportunities for laboratory personnel.
Establishing a program to provide a group of senior examiners with specialized in-depth training on the management of major cases and evaluation of emerging needs.
Established technical working groups in the forensic community in various disciplines to develop and standardize protocols and analytical practices.
Instituted new casework protocols to ensure consistent and quality scientific practices.
Dedicated funding to modernizing laboratory equipment and instrumentation.
Much of the credit for the major improvements in the FBI Laboratory goes to the internationally-recognized physicist I appointed Director of the Laboratory in October, 1997. Under his leadership, the Laboratory has made great strides in a short time. The Laboratory head earlier served as Director of the Los Alamos National Laboratory and held high-level posts at the Department of Energy, where he was responsible for nuclear weapons development, testing, and production.
The FBI Laboratory will relocate to a new $130 million facility at the FBI Academy in Quantico, Virginia. The FBI broke ground in the fall of 1997. Construction is expected to be completed by the summer of 2001 and occupancy will be phased in during the summer-fall of 2001.
Critical Incident Response Group (CIRG)
In the aftermath of the Branch Davidian Case in Waco, Texas, the Critical Incident Response Group (CIRG) was created in 1994 to successfully integrate the tactical and investigative expertise of the FBI into one organization to address terrorist activities, hostage taking, barricaded subjects, and other crisis situations which necessitate immediate law enforcement response.
The CIRG will also deploy investigative specialists to respond to child abduction, serial murder, or other high-risk repetitive violent crimes. The CIRG includes the Hostage Rescue Team, which now reports directly to the Special Agent in Charge who directs CIRG; Operation Training Section (SWAT); Crisis Management Unit (CMU); Crisis Negotiations Unit (CNU); the National Center for Analysis of Violent Crime (NCAVC), which includes the former Child Abduction Serial Killer Unit and the Profiling Behavior Assessment Unit; the Violent Criminal Apprehension Program (VICAP) Unit; and the Aviation and Special Operations Unit (ASOU).
All of these units work closely with FBI field operations. For example, in one of these priority areas, I have set up a program that designates two Special Agents in each of the FBI's 56 Field Offices to concentrate solely on crimes against children. In addition, of course, other Special Agents are assigned to these offenses on a priority basis as needed and our Field Offices work closely with local and state authorities on crimes against children. Recent legislation in the crimes against children area has provided 33 additional support positions and 12 agent positions to the NCAVC and VICAP units. Under the Crisis Management Strategic Plan, CIRG has provided Crisis Management training to over 2,000 FBI employees during the past two years.
Since 1994, the CIRG has provided operational support for numerous critical incidents, including such weapons of mass destruction cases as the bombings of the Oklahoma City Federal Building, the World Trade Center in New York, the Centennial Park at the Olympic Games in Atlanta; the "renditions"--or return to the United States--from foreign countries of important fugitives to face terrorism charges in Federal courts; a variety of other fugitive investigations; the Freemen investigation; the crash of TWA Flight 800; and support for kidnaping investigations.
New Technology
Advanced technology has changed the way FBI Agents do their job every day. For example, the FBI initiated the Technology Assisted Search Program to provide our Agents and domestic and international law enforcement agencies with an important new search tool. It employs archeological methodology and remote-sensing geophysical equipment--such as ground penetrating radar, earth conductivity meters, magnetometers, and sophisticated metal detectors--to locate forensic evidence buried underground or clandestinely concealed in buildings or other structures. This technology aids prosecution by locating evidence, such as buried human remains, drug and money caches, weapons and projectiles, tunnels and hazardous waste sites.
Recognizing changing technology and the needs and abilities of FBI Agents, I insisted that we issue a laptop computer in addition to the traditional Agent equipment (handgun, credentials, badge) to each new Special Agent. The FBI also has computer-based training rooms and a computer training unit dedicated to training all FBI personnel in the latest computer technologies to enable them to better perform their jobs. The use of computers has made the FBI more efficient in many ways. The use of computers has also made the FBI's job more challenging. The widespread use of computers and the rapidly developing technology of computer systems have combined to dramatically increase the volume and complexity of computer evidence in high-tech criminal investigations. Consequently, the FBI created The Computer Analysis and Response Team (CART) Field Examiners to assist with information retrieval. Recently, FBI investigations relating to child pornography, terrorism, drugs, and public corruption were among the cases that required the response of the FBI's CART examiners to extract relevant data from computer and network systems. Examiners also provide forensic examinations and on-site field support to all FBI investigations and programs where computers and storage media are required as evidence. The CART caseload increased to approximately 2,400 cases in 1998.
Another valuable program used in important FBI investigations is the Rapid Start/Crisis Management Information System. It is designed to provide immediate lead tracking and information management support in crisis situations by processing data from the start of an investigation. It has, for example, provided support in major bombing incidents including those at U.S. Embassies in East Africa, the Federal Building in Oklahoma City, and Centennial Olympic Park.
Telecommunications Carrier Compliance
The Communications Assistance for Law Enforcement Act (CALEA) was enacted in 1994 to ensure that ongoing technological changes in the telecommunications industry would not compromise the ability of federal, state and local law enforcement agencies to conduct lawfully authorized electronic surveillance. This legislation was necessitated by the erosion of law enforcement interception abilities and the frustration of carrying out court orders for electronic surveillance as a result of the deployment of advanced telecommunications technologies. Court authorized electronic surveillance is a critical tool used by federal, state and local law enforcement agencies in the investigation of kidnapings, extortions, murder, illegal drug trafficking, major white-collar crimes, organized crime, terrorism, and national security matters. To that end, CALEA obligates telecommunications carriers to ensure that their equipment, facilities and services are capable of expeditiously isolating and delivering to law enforcement agencies all communications and call-identifying information that law enforcement is authorized to acquire.
To facilitate CALEA's implementation, Congress authorized $500 million to be appropriated to reimburse the telecommunications industry for certain eligible costs associated with modifications to their networks. The Omnibus Consolidated Appropriations Act of 1997 (P.L. 104-208) amended CALEA by adding Title IV which created the Telecommunications Carrier Compliance Fund (TCCF) to facilitate the disbursement of funds available for CALEA implementation, and appropriated $60,000,000 in initial CALEA funding. Additionally, the Act authorized agencies with law enforcement and intelligence responsibilities to transfer unobligated balances into the TCCF, subject to applicable Congressional reprogramming requirements.
As of September 30, 1998, the balance of the TCCF was $102,580,270. This amount was the result of the following deposits: Direct Appropriation ($60,000,000), DOJ Working Capital Fund ($40,000,000), United States Postal Inspection Service Transfer ($1,000,000), United States Customs Service Transfer ($1,580,270). No direct appropriations to the TCCF were made in FY 1998. Additionally, no deposits of unobligated funds were made into the TCCF by eligible agencies in FY 1998. During FY 1998, no payments were made to telecommunications carriers from the TCCF pursuant to section 104(e) or 109 of CALEA. Therefore, the end-of-FY 1999 amount in the TCCF available for obligation remained $102,580,270.
On September 11, 1998, the FCC issued a Memorandum of Opinion and Order extending the section 103 c |