24 July 2003
FBI Director Says New Terrorism Laws Enhance War On Terrorism
Says there is now greater intelligence sharing
among federal agencies
FBI Director Robert Mueller says anti-terrorism legislation enacted
following the September 11 attacks on the United States has greatly
enhanced efforts by the FBI to combat terrorism and improved the
sharing of vital intelligence among U.S. intelligence and law enforcement
"Our success in preventing another catastrophic attack on the
U.S. homeland would have been much more difficult, if not impossible,
without the [USA Patriot] Act," Mueller said July 23 in testimony
before the Senate Judiciary Committee. The committee held a hearing
to determine if the law enforcement and intelligence communities
were cooperating in the exchange of vital intelligence related
to terrorist groups and terrorism.
Congress passed the USA Patriot Act in response to the terrorist
attacks. The 2001 law gives federal officials greater authority
to track and intercept communications, both for law enforcement
and foreign intelligence gathering purposes.
"It has already proved extraordinarily beneficial in the war on
terrorism, and our opportunities to use it will only increase," he
said, adding that it must be carefully balanced against the continuing
need to protect Americans' civil liberties.
Most importantly, Mueller said, is that the law has greatly enhanced
the collection and sharing of information between the intelligence
and law enforcement communities, which could not be done before
the law was enacted. Previously, he said, it was accepted in the
United States that law enforcement and intelligence agencies were
walled off from each other and could not share information gained
from their respective investigations, but the new laws have allowed
those walls to come down without jeopardizing civil liberties.
Mueller said that one section of the Patriot Act gives federal
judges the authority to issue search warrants that are valid outside
the issuing judge's district in terrorism investigations.
"In the past, a court could only issue a search warrant for premises
within the same judicial district. Our investigations of terrorist
networks often span a number of districts, and this change, which
is limited to terrorism cases, eliminated unnecessary delays and
burdens associated with having to present warrants to different
judges across the country," Mueller said.
Another section of the legislation -- known as the International
Money Laundering Anti-Terrorist Financing Act of 2001 -- has armed
the FBI and other federal law enforcement agencies with a number
of new weapons to identify and track the financial structure supporting
terrorist groups, he said.
"Past terrorist financing methods have included the use of informal
systems for transferring funds in a manner that is difficult to
detect and trace. The effectiveness of such methods should be significantly
eroded by the act, which establishes stricter rules for correspondent
bank accounts, requires securities brokers and dealers to file
Suspicious Activity Reports or SARS, and certain cash businesses
to register with FinCEN [U.S. Financial Crimes Information Center]
and file SARS for a wider range of financial transactions," Mueller
Following is the text of Mueller's remarks as delivered:
July 23, 2003
Statement of Robert S. Mueller, III, Director
Federal Bureau of Investigation
Before the U.S. Senate Committee on the Judiciary
Good morning Chairman Hatch, Senator Leahy, and Members of the
I am pleased to be here this morning to update you on the issues
we discussed during my March 4th appearance before the Committee
and to assure you that the FBI has been working hard to protect
the American people from another terrorist attack. The FBI has
continued to make significant progress in our reorganization, our
ongoing efforts to improve our collection and use of intelligence,
and our commitment to demonstrating our respect for Constitutional
liberties in all our investigations and programs. I also want to
thank you for your continued commitment and interest in ensuring
the success of the FBI -- the men and women of the FBI appreciate
that support and demonstrate daily their determination to fulfill
the great responsibility that you, and the public, have entrusted
Challenges and Progress Since March 2003
Even in the relatively short time since I appeared before this
Committee in March, we have continued to make progress in improving
and reorganizing the FBI so that we function more efficiently and
are able to respond more rapidly to world events and changes in
technology -- both the technology available to us and that used
by criminals to threaten our economic interests and infrastructure.
We are committed to using the authorities provided by the Patriot
Act to protect the American people while continuing our commitment
to honoring Constitutional protections, including First Amendment
freedoms of speech, religion, and assembly.
Our efforts to combat terrorism have been greatly aided by the
provisions of the Patriot Act. Our success in preventing another
catastrophic attack on the U.S. homeland would have been much more
difficult, if not impossible, without the Act. It has already proved
extraordinarily beneficial in the war on terrorism, and our opportunities
to use it will only increase. I would like to take a minute to
discuss how the USA Patriot Act has made the FBI more effective.
First, and foremost, the Patriot Act has produced greater collection
and sharing of information within the law enforcement and intelligence
As you know, prior to the USA Patriot Act, the Foreign Intelligence
Surveillance Act (FISA) statute was interpreted as requiring that
FISA surveillance was permitted only when the "primary purpose" of
the FISA surveillance was to obtain foreign intelligence information.
In order to ensure that the primary purpose of FISA surveillance
did not shift during the investigation, criminal investigators
were essentially walled off from intelligence investigations. A
metaphorical "wall" was erected between intelligence and law enforcement
out of concern that sharing of information between intelligence
and criminal investigators would lead to coordination of intelligence
investigations with criminal investigations and that the primary
purpose of the FISA surveillance would become developing evidence
for a criminal case.
Section 218 of the Act displaced the "primary purpose" standard,
permitting the use of FISA when a "significant purpose" of the
surveillance was to obtain foreign intelligence information. In
addition, section 504(a) clarified that coordination between intelligence
and criminal personnel was not grounds for denial of a FISA application.
These changes, when combined with the 2002 FISA Court of Review
decision interpreting the new language, effectively dismantled
the wall between law enforcement and intelligence personnel. The
resulting free flow of information and coordination between law
enforcement and intelligence has expanded our ability to use all
appropriate resources to prevent terrorism.
As a result, although the legal standard for obtaining a FISA
warrant is still "probable cause" to believe that the target is
a foreign power or an agent of a foreign power, we now have more
opportunities to employ FISA and greater dissemination of the information
that flows from FISA surveillance.
I should add that information is flowing more freely in both directions.
Patriot Act Section 203 modified the rules governing the handling
of information obtained through the grand jury or Title III surveillance,
so that we may now disclose, without delay, any foreign intelligence
information obtained through these criminal investigative tools
to the Director of Central Intelligence and Homeland Security officials.
In fact, Section 905 mandates these disclosures.
In addition, Section 219 gave federal judges the authority to
issues search warrants that are valid outside the issuing judge's
district in terrorism investigations. In the past, a court could
only issue a search warrant for premises within the same judicial
district. Our investigations of terrorist networks often span a
number of districts, and this change, which is limited to terrorism
cases, eliminated unnecessary delays and burdens associated with
having to present warrants to different judges across the country.
Title III of the Act, also known as the International Money Laundering
Anti-Terrorist Financing Act of 2001, has armed us with a number
of new weapons in our efforts to identify and track the financial
structure supporting terrorist groups. Past terrorist financing
methods have included the use of informal systems for transferring
funds in a manner that is difficult to detect and trace. The effectiveness
of such methods should be significantly eroded by the Act, which
establishes stricter rules for correspondent bank accounts, requires
securities brokers and dealers to file Suspicious Activity Reports
or SARS, and certain cash businesses to register with FinCEN and
file SARS for a wider range of financial transactions.
There are other provisions of the Act that have considerably aided
our efforts to address the terrorist threat including: strengthening
the existing ban on providing material support to terrorists and
terrorist organizations; the authority to seize terrorist assets;
and the power to seize money subject to forfeiture in a foreign
bank account by authorizing the seizure of a foreign bank's funds
held in a U.S. correspondent account.
Mr. Chairman, it is important for the Committee and the American
people to know that the FBI is using the Patriot Act authorities
in a responsible manner. We are making every effort to effectively
balance our obligation to protect Americans from terrorism with
our obligation to protect their civil liberties.
In addition to these areas, the Patriot Act also created new opportunities
to strengthen and expand the FBI's long-standing intelligence capability
and allowed us to move from thinking about "intelligence as a case" to
finding "intelligence in the case" and sharing it broadly both
within the FBI and with our Intelligence and Law Enforcement Community
partners. Intelligence has always been a core competency of the
FBI and organic to the FBI's investigative mission. The intelligence
cycle of requirements, collection, analysis, dissemination and
feedback always was and is now carried out across our extended
investigative enterprise of Headquarters divisions, field offices,
resident agencies and legal attaches. With the Patriot Act, we
have been able to share the information resulting from those activities
across the FBI enterprise to create a single information space
for FBI analysts to assess the threat environment. Cases have always
been and remain a viable organizing principle for FBI work. The
Patriot Act has allowed us to ensure that the aggregate intelligence
gleaned from those cases is analyzed for trends and for connections
that might not be visible to us from a review of individual cases.
This threat-based look at FBI intelligence has allowed us to uncover
terrorist networks and connections within the United States that
otherwise might not have been found.
Similarly, the Patriot Act has allowed FBI and our Intelligence
and Law Enforcement Community partners to exchange information
that previously was not shared. The wide availability of threat
information from all sources has been key to our success in using
intelligence to drive our investigations toward prevention. Today
we view all cases as intelligence cases, and prosecution as only
one tool in the available national toolkit for neutralizing threats
to the homeland. Among the many lessons that September 11, 2001
taught us was that threats neither respect geographical boundaries
nor the authorities of those charged with acting to prevent them.
Our ability to share threat information with all of our partners
has been a key factor in neutralizing many threats through a variety
To properly manage this expanded intelligence capability, I decided
in January of this year to elevate intelligence to program status
at the FBI. I made that decision because of the success we had
achieved with intelligence in the counter-terrorism mission, thanks
in large measure to help from our partners at the CIA. As we succeeded
in doing strategic analysis and sharing raw intelligence with our
partners, it became clear to me that we must take the lessons learned
and apply them across the FBI. I wanted the same single focus on
intelligence that I had created for our operational missions. To
that end, I proposed the creation of an Executive Assistant Director
for Intelligence and have undertaken a program to develop and implement
concepts of operations for key intelligence functions.
The result of this program will be a strategic plan for intelligence
at the FBI and the implementation of a series of pilots and high-leverage
initiatives. The FBI has always been a great collector of information.
With our new program and the Patriot Act, we have now become a
great and powerful producer of information for the nation.
Information Technology Update
Finally, I would like to provide to the Committee an update concerning
our progress in upgrading our Information Technology [IT] capabilities.
Since the 9/11 tragedy, the FBI has had a number of IT successes.
The most significant of our system related successes is the upgrade
of our data communications infrastructure. As part of the Trilogy
program, the FBI's worldwide high-speed data communications network
(the Trilogy Network) became operational on March 28, 2003. This
network is a significant increase in capability to share all kinds
of data, to include video and images, among all FBI locations throughout
the world. It is a fully integrated modern data network utilizing
leased lines and the TCP/IP communications protocols as well as
state of the art switches, routers and encrypters. It is capable
of being managed end-to-end from our new Enterprise Operations
Center (EOC), also part of the Trilogy upgrade. The network at
the SECRET level will be available to all FBI personnel worldwide.
This network will be the backbone for the implementation of most
of our IT systems for years to come.
In order to support our increased counterterrorism efforts and
to support our efforts to share information with other agencies
in the intelligence community, we have installed a Local Area Network
[LAN] that can carry compartmented intelligence [SCI] information.
This network is called SCION or SCI Operational Network. It was
formerly called the TS/SCI LAN. It became operational to more than
100 analysts in January of 2003 and in June was extended to more
than 500. At the present time, all users are located at Headquarters.
This is being extended to the TTIC [Terrorist Threat Information
Center] this month. It will also be extended to field locations
as resources become available. It will be carried by our new data
network but protected by its own separate encryption.
As part of the Trilogy upgrade, Bureau personnel throughout the
world are having their desktop computers upgraded to state of the
art. This upgrade is complete for all field locations and is currently
ongoing at headquarters. Additionally, all servers have been upgraded.
The upgrades that have been completed are the Trilogy Fast Track
effort that is a result of the 9/11 disaster. Additional upgrades,
primarily in software are targeted for completion in November 2003.
All of these upgrades are necessary for the first implementation
of the Virtual Case File [VCF], scheduled for December 2003. The
VCF is the result of a re-engineering of workflow processes and
combines several existing databases into one and simplifies the
workflow. Previous automation efforts in the FBI basically automated
paper process, retaining all of the steps in those processes. The
VCF development team took a hard look at those processes and with
the involvement of agents and support personnel from the field,
has re-engineered them to obtain significant efficiencies from
our systems. The final version of VCF is targeted for delivery
in June 2004.
Mr. Chairman, we have developed an on-line information technology
presentation at FBI Headquarters of the FBI's terrorism database
and a demonstration of the analytical tools available to our analysts.
In fact, many members of this Committee have been to Headquarters
for the presentation. I would like to take this opportunity to
reiterate the invitation to all members to come to Headquarters
for a more in-depth discussion and demonstration of our enhanced
information technology capabilities.
In closing, Mr. Chairman, I would like to thank this Committee
for its continued leadership and support. The FBI's capabilities
are improving daily in large part due to that support, and we will
continue on this positive path with the benefit of your continued
interest and leadership.
I am happy to respond to any questions you may have.
(Distributed by the Bureau of International Information Programs,
U.S. Department of State. Web site: http://usinfo.state.gov)