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.
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.
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.
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.
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.
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.
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.
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.
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 compliance date from October 25, 1998 to June 30, 2000. The order, which applies to all telecommunications carriers, gives industry until mid-2000 to install assistance capability requirements. In part, the FCC order was predicated upon the argument that some manufacturers might not have solutions available until December, 1999. Given this, it is possible that carriers will wait until all solution options are available to them before making solution deployment decisions and seeking Government reimbursement.
One of the FBI's most important traditional duties has been to assist local and state law enforcement agencies with information about wanted fugitives and to provide rapid, reliable criminal history data on offenders.
The FBI is now developing new technology systems to provide the most vital information far more quickly--and on an automated basis.
In 1967, the FBI established the National Crime Information Center as a nationwide system containing data and information files, such as wanted and missing persons, foreign fugitives, unidentified persons, and stolen property. The NCIC system contains over 32 million records stored in 18 information databases. It is accessed by over 79,000 authorized users. The system handles nearly 2 million transactions each day. The transactions are sent by law enforcement staff who access or provide information to the 18 NCIC files. The current NCIC system will be replaced by the NCIC 2000 system. NCIC 2000 will provide additional capabilities such as linking related information in the databases, providing access to identifying images such as mugshots, and conducting fingerprint matching (right index finger only). NCIC 2000 is designed to serve the criminal justice community into the twenty-first century. The system's Initial Operating Capability is anticipated in July 1999. The current cost estimate to complete the NCIC 2000 initiative is $183.2 million.
As part of this revolution in law enforcement technology, the FBI also is developing another major breakthrough in information sharing.
It is called IAFIS--the Integrated Automated Fingerprint Identification System. It also is scheduled to go on line in 1999 at the FBI's Criminal Justice Information Systems Division in Clarksburg, West Virginia.
These systems, working in harmony, will provide law enforcement agencies with the best methods ever devised to identify suspected offenders and to obtain all possible information about them.
The IAFIS system will end the decades-long, laborious system of checking fingerprint records and evidence manually, by individual cards and latents.
Instead, IAFIS has for some time been converting fingerprint cards into a computerized system that promises a revolution in identification procedures.
This is vitally important because statistics show that of every 10 persons arrested, seven have been arrested previously. That information is essential for law enforcement--from the cop in the patrol car to the investigator trying to solve complex crimes.
With the traditional methods, it takes 10 days to completely check the system containing 34 million criminal fingerprint files to determine if the person has an existing record. It is easy to see that many arrested persons could thus already have posted bail and vanished before the checks are completed.
Under the new IAFIS system, fingerprint files are being computerized. The FBI will be able to accept fingerprints electronically from city, county, and state law enforcement agencies and using complex computer systems make prompt checks of fingerprint files to identify subjects and provide their criminal records.
As one FBI specialist explained it, "We will be able to accept a fingerprint electronically, literally from the booking station, and in two hours search our data base of millions of fingerprints by computer and go back to that booking station before the suspect appears before the judge and tell them what the FBI and police know about that person's criminal history."
Part of the new planned technology will also eventually allow law enforcement officers to obtain such information rapidly through computer terminals that can be placed in patrol cars.
Both of these projects, NCIC and IAFIS, have been enormous undertakings for the FBI, particularly IAFIS which to date is the largest automation project we have ever undertaken. Not unexpected in today's world of high technology, both at times have proven more difficult and more expensive than originally anticipated, resulting in Congressional concerns that were fully justified. Direct participation by the Director's Office ensured these projects returned to a course of development and cost containment consistent with Congressional expectations. We are very appreciative of the continuing support from Congress and have willingly committed to continuing direct oversight by the Director's Office.
In 1995 the FBI began the development of Law Enforcement On-Line (LEO). LEO is providing a communications mechanism to link all levels of law enforcement throughout the United States, supporting broad, immediate dissemination of information concerning the best technologies and practices in law enforcement. LEO is intended to be a user friendly, no cost to user service, which can be accessed by the law enforcement community using industry-standard personal computers.
Until recently, with the advent of the Internet, there had been no practical way for law enforcement officers to be able to easily communicate among themselves. Although there have been national networks such as the National Crime Information Center (NCIC) and the National Law Enforcement Teletype System (NLETS) which allow access to local, state, and Federal data bases, there had been no system that served the needs of the individual officer or law enforcement manager. With the advent of LEO, the FBI is now providing law enforcement, down to an officer level, the ability to communicate in a secure mode with members of other law enforcement agencies throughout the United States and to share information on topics of mutual concern. It is anticipated that LEO will provide for the wide dissemination of timely topical information to the vast majority of the law enforcement officers throughout the country.
LEO is currently an Intranet exclusively for the law enforcement community, and its unique value is its ability to deliver Law Enforcement Sensitive but Unclassified communications services and distance learning to local, state, and Federal law enforcement on an any time, any place basis. Although in its early stages, LEO is already becoming an important tool in equipping officers to counter crimes that involve a coordinated effort across United States law enforcement operations.
Users currently access the LEO system through a national toll-free dial-up network, but the addition of other communications delivery systems, such as the Internet, are being considered for the future. As of March 1, 1999, LEO had over 12,000 registered users and was projected to grow to 18,000 users by the end of FY 1999 and 30,000 users by the end of FY 2000.
We believe these new technologies and systems when fully deployed will allow law enforcement to make an important new impact on many types of crime and will enhance the safety of both the public and law enforcement officers.
The FBI has received a $40 million enhancement in FY 1999 to support the Information Sharing Initiative (ISI). These dollars, along with $20 million from base resources, will fund the first two modules of phase I to upgrade the hardware, software and networks used to pass information among FBI locations and to outside entities.
Through this initiative the FBI will be able to share information electronically among field offices working jointly on such important cases as the Oklahoma City bombing. During the investigation of that incident, the FBI sent a large number of technical employees to Oklahoma because the computing environment was not available to share information between investigators in multiple locations. The ISI is being deployed in three phases over four years to upgrade the infrastructure, implement the applications needed to manage and analyze the data collected by the FBI, and provide the security needed to share information electronically with other law enforcement agencies and government agencies while protecting the security of the information.
In response to the FBI's need for timely access to case information, the Electronic Case File (ECF) was created. ECF provides a virtual case file to FBI personnel in all FBI locations worldwide, 24 hours a day. For the first time, this system has made it possible to share information electronically among and across field office locations. Full-text searches are performed to locate information that was previously lost due to the time-consuming manual searches that were required. To date, over 3.5 million documents have been loaded into ECF and are available for full-text search.
Communications Frequency Management
The ability of Federal, state, and local law enforcement/public safety agencies to effectively perform their mandated functions has been severely hampered for many years due to the inability to communicate with each other. In addition, the amount of radio spectrum required to support these agencies is inadequate in many metropolitan areas. During the March 22, 1995, hearing on Federal Communications Commission (FCC) and National Telecommunications and Information Administration (NTIA) appropriations, House Appropriations Subcommittee Chairman Harold Rogers asked the FCC and NTIA to develop a plan addressing spectrum and interoperability issues. The Public Safety Wireless Advisory Committee (PSWAC) was established June 26, 1995, in accordance with the requirements of the Federal Advisory Committee Act to address the following-law enforcement/public safety concerns: 1) operational requirements; 2) technology; 3) interoperability; 4) spectrum; and 5) transition to new technologies/spectrum. I was a member of the Steering Committee and the FBI Spectrum Manager Richard Allen chaired the Spectrum Requirements Subcommittee.
The PSWAC Final Report, dated September 11, 1996, concluded that 95 MegaHertz (MHZ) of spectrum are required to meet state and local public safety requirements and that 2.5 MHZ is required for interoperability between Federal, state, and local agencies. Additionally, the PSWAC concluded improved interoperability is required and recommended implementation of joint communications systems. In order to effect such change, the FCC has allocated 24 MHZ of existing television broadcast spectrum to meet a portion of the PSWAC requirements. This spectrum will not be available until 2006 in most areas of the country. State agencies are requesting the participation of Federal agencies in the use of shared communications systems and Federal agencies are working with the FCC to change the rules which will allow implementation of these shared systems.
Source: Federal Bureau of Investigation -- http://fbi.gov