Statement of
Robert S. Mueller, III
Director
Federal Bureau of Investigation
Before the
United States House of Representatives
Committee on Appropriations
Subcommittee on Science, State, Justice and
Commerce
September 14, 2005
Good
morning, Mr. Chairman, Representative Mollohan,
and Members of the Subcommittee. I am pleased
to appear before you today to update you on
the ongoing transformation of the FBI. I would
first like to express my gratitude for the continued
support and guidance you have provided the FBI
as we continue our efforts to ensure that we
are able to address current threats and keep
America safe from those who would do us harm.
Probably
at no time in history has the FBI changed on
such a large scale as in the past four years.
Today, I want to discuss these changes in light
of evolving threats and improvements in our
ability to respond to those threats, both old
and new.
The
FBI has always changed to meet evolving threats
-- from the "gangster era" through
the Cold War. It was because crime had begun
to cross state lines that the Bureau of Investigation
was first established in 1908, under then President
Theodore Roosevelt.
Nearly
100 years later, criminal activity not only
crosses state lines, it traverses international
boundaries with the stroke of a computer key.
Crime is more diverse than ever before. It includes
terrorism, violent gangs, illegal weapons trade,
and the trafficking of human beings.
Mr.
Chairman, our ability to confront and defeat
these threats depends on our ability to develop
and utilize three critical capabilities: intelligence,
technology and partnerships.
INTELLIGENCE
For
our purposes, intelligence means vital information
about those who would do us harm. The FBI has
always used intelligence in criminal and national
security investigations. It is how we fought
Nazi spies during World War II, Soviet espionage
during the Cold War, and La Cosa Nostra in the
eighties and nineties.
FBI National Security Branch
On
June 28, 2005, the President issued a memorandum
acknowledging the substantial efforts the United
States Department of Justice (DOJ) and the Federal
Bureau of Investigation (FBI) have made in strengthening
their national security capabilities and coordinating
effectively with other elements of the Government.
The President also determined that additional
action is required to meet evolving challenges
to the security of the United States. The President
therefore directed the Attorney General to implement
the recommendation of the Commission on the
Intelligence Capabilities of the United States
Regarding Weapons of Mass Destruction (WMD Commission)
that the FBI establish a "National Security
Service." The President instructed the
Attorney General to combine the missions, capabilities,
and resources of the counterterrorism, counterintelligence,
and intelligence elements of the FBI under the
leadership of a senior FBI official.
In
implementing this directive, the FBI is committed
to fulfilling our statutory responsibilities
for the conduct of national security operations
and the protection of civil liberties. We are
responsible for ensuring the timely execution
of programs, policies and directives established
or developed by the Director of National Intelligence
(DNI). In keeping with the high level of public
trust required to operate a combined intelligence
and law enforcement agency, the FBI will carry
out its mission with full respect for the constitutional
and civil rights of the American people.
The
FBI's provisional plan, which reflects the guidance
of the Attorney General and is under consideration
by the DNI, outlines steps the FBI would take
to implement the President's directive. The
ultimate goal is to build upon the strength
of the FBI's existing counterterrorism, counterintelligence,
and intelligence capabilities by creating an
integrated service that will better contribute
to the national intelligence effort in executing
the FBI's national security missions. The plan
will effectively expand efforts the FBI has
undertaken since September 11, 2001, and leverage
the FBI's existing law enforcement capabilities.
We are working with the DNI in completing a
Report to the President further defining the
NSB.
The plan will be implemented through the National
Security Branch (NSB), which will integrate
the FBI's primary national security programs
under the leadership of an Executive Assistant
Director for the National Security Branch (EAD-NSB),
and through policies and initiatives designed
to enhance the capability of the entire Bureau
to support its national security missions. Last
month, we announced that Gary Bald has been
selected to serve as the first EAD-NSB. Mr.
Bald brings to this position a wide range of
operational and leadership experience, which
he has demonstrated in his nearly 28 years of
service with the FBI. As the EAD for Counterterrorism
and Counterintelligence, Mr. Bald has had overall
responsibility for all aspects of the FBI's
two highest priority investigative programs,
which, in addition to terrorism and counterintelligence,
include espionage, counter-proliferation and
foreign intelligence matters. Mr. Bald's deputy
will be Philip Mudd, a highly accomplished 20-year
veteran of the Intelligence Community, who currently
serves as the Deputy Director of the CIA's Counterterrorism
Center. Mr. Mudd brings to this position his
extensive expertise in intelligence operations
and analysis, as well as an in-depth knowledge
of international terrorism and the Middle East.
The NSB will consist of the Counterterrorism
Division (CTD), the Counterintelligence Division
(CD), and the Directorate of Intelligence (DI).
The EAD-NSB will report to the Deputy Director
and will exercise my authorities over the activities
of the NSB's components.
The
EAD-NSB will replace the existing positions
of Executive Assistant Director for Intelligence
and Executive Assistant Director for Counterterrorism/Counterintelligence
and will have the combined authority of these
two positions.
The
EAD-NSB will serve as the FBI's lead intelligence
official and will communicate with the DNI to
ensure responsiveness to DNI guidance, and to
facilitate coordination with other elements
of the Intelligence Community.
The
NSB will be responsible for the continued development
of a specialized national security workforce
through programs designed to recruit, train,
develop, and retain professionals who have the
skills necessary to the success of the FBI's
national security missions. This workforce will
be developed in consultation with the DNI to
ensure consistency with established Intelligence
Community workforce standards.
The
NSB will have full access to information from
all counterterrorism, counterintelligence, and
intelligence operations, as well as information
about all of the Bureau's sources of information.
The NSB will manage and direct field activities
and hold personnel accountable through evaluations
of individual performance, the regular inspection
process, and program-specific reviews.
Consistent
with the Intelligence Reform and Terrorism Prevention
Act of 2004 (IRTPA), the FBI's Directorate of
Intelligence (DI) will continue to provide clear
guidance to agents and analysts to ensure that
all investigative products are reviewed by the
DI for their intelligence value, and that national
intelligence priorities promulgated by the DNI
and endorsed by the National Security Council
(NSC) and Homeland Security Council (HSC) drive
collection and information sharing in every
FBI division.
The
NSB will enforce the implementation of standardized
intelligence processes across component divisions,
consistent with DNI guidance. The NSB also will
ensure that critical enabling processes, such
as training, hiring, career development, information
technology support, and secure facilities construction,
support intelligence priorities and conform
to DOJ and FBI policies and DNI standards.
The
creation of a unified management structure to
oversee the FBI's national security components
will ensure that NSB activities will be coordinated
with other Intelligence Community agencies under
the DNI's leadership.
To
achieve this level of coordination, the NSB
will work with the FBI's Chief Information Officer
(CIO), the Office of the DNI Chief Information
Officer (ODNI/CIO), and the Associate Director
of National Intelligence for Science and Technology
to ensure that appropriate networks and systems
are developed consistent with DNI standards.
The NSB also will expand its Sensitive Compartmented
Information Facilities (SCIF) and access to
the Intelligence Community's Intelink Top Secret
information sharing environment.
To
further improve coordination with the DNI, I
have designated the EAD-NSB the lead FBI official
responsible for coordination with the DNI and
the rest of the Intelligence Community. The
EAD-NSB will ensure appropriate FBI representation
in the interagency process and participation
in Intelligence Community activities as required
by the DNI.
In
consultation with the DNI and the Attorney General,
EAD Bald and I will regularly examine the national
intelligence priorities, promulgated by the
DNI and endorsed by the NSC and HSC, to determine
whether NSB resources are being appropriately
allocated to meet U.S. national security and
law enforcement needs. The FBI, DOJ and the
Office of the DNI will also establish a process
to ensure that the DNI has appropriate insight
into the performance of the NSB.
FBI Intelligence Workforce
In
support of the President's directive, the FBI
will continue to establish programs and practices
for building a national security workforce.
The FBI's national security workforce is broadly
defined to consist of all personnel at FBI headquarters
and in the field who perform the national security
missions of the FBI, including the full complement
of personnel within the CTD, CD, and DI, and
personnel outside the NSB who perform intelligence
and national security-related work in support
of the NSB. The FBI will develop this workforce
through programs designed to recruit, train,
develop, and retain professionals who have the
skills necessary for the success of its national
security missions.
The
FBI is implementing several workforce programs
to build its national security capabilities,
including the Special Agent Career Path and
the Intelligence Career Service. These programs
are designed to enhance and specialize the national
security workforce and to create training and
development opportunities for agents, analysts,
linguists, and physical surveillance specialists
in the FBI's national security programs.
Throughout
the development of the FBI's national security
workforce, the NSB will work with the DNI, including
the Assistant Deputy DNI for Training and Education
and the Chief Human Resource Officer, to ensure
adherence to DNI standards.
Recruitment
The
NSB will continually refine its recruiting standards,
consistent with Intelligence Community standards,
to ensure that the workforce has the necessary
substantive expertise to meet national security
needs. The NSB will ensure that the workforce
has educational and/or professional experience
in relevant regional, cultural, scientific,
economic, and technical areas as well as operational,
analytic, linguistic, and scientific capabilities.
Special
Agent Career Development
The
FBI's recruitment, hiring, training, and assignment
of Special Agents will promote specialization
and development of counterterrorism, counterintelligence,
and intelligence expertise while providing a
solid foundation in law enforcement and constitutional
protections. All Special Agents will be trained
in both intelligence and law enforcement functions.
They will also receive extensive training on
upholding the Constitution and protecting civil
liberties. As the WMD Commission recognized,
agents should be able to move between the use
of intelligence and law enforcement tools and
to conduct all activities consistent with the
Attorney General Guidelines and constitutional
protections.
Training
All
Special Agents will continue to participate
in the FBI's basic training course of instruction
at the FBI Academy in Quantico, Virginia. The
intelligence training component offered in this
basic course to all new agents will be enhanced
under the guidance of the EAD-NSB consistent
with DNI standards.
Advanced
training for agents in national security career
paths will cover management, targeting, asset
validation, source development, and recruitment.
While the FBI develops this training in conjunction
with the DNI, it is expected that new NSB personnel
will attend courses at the Intelligence Community's
other educational centers. The FBI will work
with the DNI to ensure that an appropriate provisional
arrangement is made in this regard while a more
permanent program, including the allocation
of sufficient resources, is established.
In addition to advanced training, agents will
participate in other developmental
opportunities throughout their careers. Joint
assignments to other Intelligence Community
agencies will be made an integral (and in many
cases, required) component of the national security
career paths. Recognizing the importance of
centralized management to the FBI's national
security programs, headquarters assignments
in NSB components also will be part of the career
development process.
Career
Paths
The career path currently under development
for Special Agents contemplates four milestones.
As with all agents, they will complete new agent
curriculum at the FBI Academy, Quantico, Virginia
and thereby receive a strong grounding in law
enforcement training. From there, they will
build on the broad foundation of basic training
and will participate in developmental opportunities
designed to build program-specific expertise.
Afterwards, agents will be assigned to a counterterrorism
or counterintelligence squad or Field Investigative
Group (FIG) in one of the larger field offices.
And finally, agents will further develop specialization
and expertise in national security programs
and progress as recognized leaders in either
investigative or management positions.
Intelligence
Career Service
Consistent
with the IRTPA, the FBI has developed an Intelligence
Career Service (ICS) that provides career paths
for Intelligence Analysts, Language Analysts,
and Physical Surveillance Specialists. ICS programs
and policies are, and will remain, consistent
with Intelligence Community standards articulated
by the DNI.
These
career paths were established based on competency
models for each ICS career specialty. All members
of the ICS receive a minimum of five weeks of
joint training focused on the core competencies
required of the entire ICS. This is followed
immediately by specialized training for intelligence
analysts, language analysts, special surveillance
personnel, and lookouts. This initial training
will be supplemented by advanced and specialized
training throughout individuals' careers and
by developmental opportunities, including details
to other Intelligence Community agencies.
The
new career paths allow members of the ICS to
reach the executive level through both technical
and management tracks. Pursuant to the IRTPA,
to the maximum extent practicable, I will ensure
that the successful discharge of advanced training
courses, and of one or more assignments to another
element of the intelligence community, is a
precondition to advancement to higher level
intelligence assignments within the Bureau.
TECHNOLOGY
The
second critical capability -- technology --
helps us collect, analyze, and share intelligence.
We recognize the need for a fully operational
modern information technology infrastructure,
one that enables effective information sharing
that will close the communication gap with our
law enforcement partners and the intelligence
community. Our overriding goal is to provide
the right information, to the right people,
at the right time.
The
FBI's commitment to delivering enhanced technology
capabilities remains resolute. Our efforts with
regard to the Trilogy project resulted in increased
understanding of program management and technical
expertise. The lessons learned have better positioned
us to shape the FBI's next-generation electronic
information management system. Successful deployment
of SENTINEL remains a top priority.
SENTINEL
is the first step in our deployment of a Service
Oriented Architecture (SOA) which will serve
as a platform for gradual deployment of capabilities
and services needed by all FBI divisions. We
will gradually roll-out key technical services,
such as automated workflow, search capabilities,
records and case management, and reporting protocols,
through the SENTINEL program. The SOA approach
will raise our business practices to the next
level by providing enhanced capabilities, new
services, and better efficiency, while also
ensuring a smooth transition from our legacy
applications to a more state-of-the-art technical
platform. The SOA will enhance efficiency and
effectiveness of many FBI programs and further
support our mission by helping manage our investigative,
administrative, and intelligence needs, while
also improving ways to encourage information
sharing among our counterparts.
As
you are aware, we are proceeding with the acquisition
of the capabilities to be provided by the SENTINEL
program. After extensive industry and internal
reviews, the Request for Proposal was approved
and released on August 5th. We are currently
awaiting proposal responses from industry, and
expect to award the contract in the next several
months, pending the completion of the reprogramming
notification to Congress. SENTINEL will be deployed
in four phases using program management tools
and best industry practices to measure each
stage of development for the SENTINEL system
and to minimize risk. The phased roll-out will
also facilitate ease of deployment, user transition,
and training.
We
will continue to work with this subcommittee
and other Congressional committees, the Administration,
DOJ, DNI, DHS, GAO, NAPA, CRS and the FBI Advisory
Board to coordinate the next steps in implementing
the SENTINEL program.
PARTNERSHIPS
In
addition to intelligence and technology, the
third critical element to improving our capabilities
is partnerships. Partnerships at all levels
-- local, state, federal, and international
-- help us share what we know.
At
the state and local level, our Joint Terrorism
Task Forces (JTTF) are the eyes and ears of
communities around the country. Working side-by-side,
members from intelligence and law enforcement
agencies track down each and every counterterrorism
lead, no matter how insignificant it may seem.
In the last four years, we have increased the
JTTFs from 35 to 103.
In
addition to the JTTFs, our Regional Computer
Forensics Labs combine partnerships and technology.
These state-of-the-art regional facilities are
highly specialized laboratories that provide
forensic examinations of digital evidence. Six
labs are up and running, and eight more
are in the works. In each one, law enforcement
agencies from all levels of government train,
work, and share information together. In particular,
they make use of new forensics capabilities
to address terrorism, cyber crime, and identity
theft, as well as other crimes.
Not
only are we cooperating better at the state
and local level, we are also working more closely
with our partners at the national level. At
the National Counterterrorism Center -- formerly
Terrorist Threat Integration Center (TTIC) --
federal agencies work side-by-side analyzing
terrorist threat information. The Center receives
foreign intelligence information lawfully collected
by its members. This includes international
terrorism information collected by the law enforcement
community.
Cooperation
has improved globally as well. FBI Agents are
working with our law enforcement partners from
Rome to Romania. We are gathering intelligence
in Iraq and Afghanistan. These international
partnerships are critical if we hope to be successful
in the future.
Department
of Defense
I
am proud of our efforts and partnership with
the Department of Defense (DoD). In an effort
to support the Global War on Terrorism and the
information sharing initiatives, the FBI's Criminal
Justice Information Services (CJIS) Division,
in conjunction with the DoD's Biometric Fusion
Center (BFC), has been working to share data
collected by military troops deployed internationally.
This data consists of fingerprints, photographs
and biographical data of military detainees,
or individuals of interest as national security
threats to the United States.
In order to ensure quality and interoperability
of all fingerprint data collected in support
of the Global War on Terror, a DoD memorandum
was issued in February 2004 directing that all
new DoD acquisitions of fingerprint data collected
must conform with the Electronic Fingerprint
Transmission Specification (EFTS) derived from
the American National Standards Institute/National
Institute of Standards and Technology. The memorandum
also advised that the data must be collected
by certified equipment that is interoperable
with the FBI's IAFIS.
The
FBI's CJIS Division and the DoD cooperatively
developed the Automated Biometric Identification
System (ABIS). The DoD ABIS consolidates, formats,
and exchanges data equivalent and consistent
to the FBI's current State/County/Local law
enforcement model. The ABIS provides the DoD
the ability to gather, store, share, and enter
the information into the FBI's IAFIS, which
allows the FBI to disseminate appropriate information
to other government and law enforcement agencies.
The
DoD appointed its Biometric Fusion Center as
the channeling agency to receive data collected
from various military service branches and then
forward it to the FBI via the CJIS Wide Area
Network. The ABIS contains biometric information,
fingerprint images, and their related features
and may also contain additional identification
data such as deoxyribonucleic acid (DNA) or
a photograph. Engineers linked the two systems
so that DoD biometric information could be shared
with local, state, and Federal law enforcement.
Future tests will explore the advantages of
IAFIS searching ABIS in order to share additional
DoD information.
The
FBI's growing biometric-based terrorism file
is making substantial contributions to the homeland
security effort by increasing the odds that
potential terrorists will be intercepted by
United States Officials.
Counterterrorism
Initiatives
Mr.
Chairman, the following are just a few of the
unclassified examples of successes in the war
against terrorism that would not have been possible
without extensive cooperation and coordination
with our partners.
·
Operation Crevice was a joint US, UK, Pakistani,
and Canadian investigation of a group of individuals
targeting unidentified Western targets. Through
joint investigation by intelligence and law
enforcement agencies in these countries, components
for explosive devices were recovered and numerous
individuals overseas were arrested. An investigation
conducted by the FBI led to the arrest of an
individual in the US who was charged with terrorism
offenses.
·
Operation Rhyme was a joint US-UK investigation
into a UK-based terrorism subject and his associates.
Investigation by the FBI and our British counterparts
led to the identification of several individuals
in the US who maintained contact with the main
subjects of the investigation. The main subject
and two of his associates have been indicted
in the US for terrorism-related offenses.
·
The FBI's Terrorism Financing Operations Section
(TFOS), in concert with the Internal Revenue
Service and the Central Intelligence Agency,
are partners with the Saudi Mabahith in the
Joint Terrorism Financing Task Force based in
Riyadh, Saudi Arabia. This task force specializes
in facilitating counterterrorism financing investigations
with leads connected to the Kingdom of Saudi
Arabia. In conjunction with its participation
on this task force, TFOS has also aggressively
pursed a rigorous, multi-phase training program
for the Saudi Mabahith officers assigned to
the task force.
Laboratory
The
Terrorist Explosive Device Analytical Center
(TEDAC) is an FBI led initiative and interagency
supported program that is based in the FBI Laboratory,
Quantico, Virginia. It is committed to establishing
a single federal program responsible for the
worldwide collection, complete analysis and
timely dissemination of intelligence regarding
terrorist IEDs. Prior to the TEDAC initiative,
there were a number of organizations responsible
for the technical analysis of Improvised Explosive
Devices (IED). The aggressive use of IED technology
by the insurgents in Iraq overwhelmed these
limited resources. TEDAC fills a vital role
as a clearing house and forensic evidence collector
for IED material. Other organizations will continue
to provide technical analysis and countermeasures
development in coordination with TEDAC.
The TEDAC receives and exploits raw intelligence
and information, component hardware and other
physical items from various members of the Explosive
Ordnance Disposal (EOD) and IED community worldwide.
Functioning as the repository for all information
and items received, the TEDAC conducts a full
range of forensic analysis deemed appropriate
on each item. TEDAC reports the results of these
forensic analyses to the IED community and maintains
a database for all information developed. TEDAC
provides link analysis of all intelligence developed
and provides devices to members of the IED community
for any further exploitation deemed necessary
to facilitate research, development and engineering
imperatives. TEDAC is committed to providing
international, federal, state and local law
enforcement and bomb squads with current information
relating to terrorist IEDs being used overseas.
To date, the TEDAC has received over 3,000 devices
for analysis with the majority of those devices
coming from the Iraq Theater of Operations.
In addition, it has made over 350 forensic and
technical associations between devices.
Since
its inception, TEDAC has received support from
a wide variety of U.S. explosives and intelligence
entities in the analysis of IEDs, including
specialists from the Bureau of Alcohol, Tobacco,
Firearms and Explosives, Federal Air Marshal
Service, Technical Support Working Group, Navy
Research Lab, National Ground Intelligence Center,
Naval EOD Technical Division, Army Research,
Development and Engineering Command, U.S. Marine
Corps IED Working Group and numerous other federal
government agencies, and components of the Department
of Defense.
Today,
cases with an international nexus have become
the rule rather than the exception. President
Wilson could have been talking about law enforcement
today when he said, "Friendship is the
only cement that will ever hold the world together."
In
this era of globalization, working side-by-side
is not just the best option, it is the only
option.
Mr.
Chairman, by building our intelligence capabilities,
improving our technology, and working together,
we can and we will continue to develop the capabilities
we need to succeed against the threats of the
future.
Thank
you for your continued support and interest
in the FBI.
