Testimony of Patrick J. Daly, Assistant Special Agent in
Charge, Chicago Division, FBI
Before the House Committee on Governmental Reform
Subcommittee on Government Efficiency, Financial Management,
and Intergovernmental Relations
July 2, 2002
"Counterterrorism"
Good
morning Chairman Horn and distinguished Members of the Subcommittee.
I appreciate the opportunity to appear before you to discuss
the FBI's efforts within the Northern Illinois region to work
with our law enforcement and first responder partners in addressing
the threats of Weapons of Mass Destruction (WMD), specifically
chemical, biological or nuclear threats.
Introduction
The mission
of the FBI's counterterrorism program is to detect, deter,
prevent, and swiftly respond to terrorist actions that threaten
the United States national interests at home or abroad, and
to coordinate those efforts with local, state, federal, and
foreign entities as appropriate. The counterterrorism responsibilities
of the FBI include the investigation of domestic and international
terrorism, both of which represent threats within the borders
of the United States. In reaction to these threats, Director
Robert S. Mueller, III, recently identified the first priority
of the FBI as protecting the United States from terrorist
attack.
Presidential
Decision Directives (PDD) 39, 62, and 63 define the FBI's
role of crisis management, investigation, and intelligence
support for terrorism prevention in the coverage of National
Special Security Events (NSSE), and in response to an actual
terrorism event. At the federal level, the FBI's lead crisis
management and investigative responsibilities exist in a partnership
alongside FEMA's consequence management role for response
to a WMD attack. PPD 62 creates a three-way partnership in
connection with NSSEs, adding the United States Secret Service
(USSS) role of security management.
The FBI
nationally, and the Chicago Division locally, have developed
an enhanced capacity to detect, prevent, and respond to acts
of terrorism. This has been accomplished by increasing the
number of FBI and task force personnel dedicated to the FBI's
Counterterrorism Program; the establishment of partnerships
with law enforcement, first responders, and the public health
communities to combat WMD threats; and improved information
sharing with local, state, and federal agencies, as well as
with the private sector.
There
are 56 Joint Terrorism Task Forces (JTTF) established. One
in every FBI field division around the nation. The JTTF represents
a most effective tool for the prevention and swift response
to terrorist incidents in that it combines the national and
international resources of the FBI and other member federal
agencies, along with territorial expertise of the local, county
and state law enforcement agencies. The cooperative efforts
of the JTTFs have resulted in vital information sharing, crucial
to successful terrorism investigations as well as the avoidance
of duplication of investigative efforts by law enforcement
agencies and prosecutors. The New York Division formed the
first JTTF in 1980 and Chicago soon followed in 1981. The
Department of Justice is working with the FBI to ensure that
the JTTFs coordinate their efforts with the recently formed
United States Attorneys' Anti-Terrorism Task Forces, especially
in the areas of information sharing and training.
The
Chicago Division of the FBI
The Chicago
Division covers the northern portion of the State of Illinois,
which is the nation's fifth largest state, with 12.4 million
inhabitants (2000 figures). Illinois covers 56,400 square
miles and is the 24th largest state. The state has 102 counties,
18 of which are covered by the Chicago Division. More than
71 % of the state's population resides in the Chicago Division
territory. The City of Chicago, with roughly 2.9 million inhabitants,
is the state's largest city and the third largest in the country.
Almost an additional eight million people reside in the Chicago
metropolitan area. There are 358 local police departments
in the Chicago Division's territory. The other federal law
enforcement agencies have a significant representation in
the Chicago area.
The Chicago
Division's headquarters office is located in City of Chicago.
There are resident agencies (RAs) in Rolling Meadows, Tinley
Park, Lisle, and Rockford, Illinois. There are approximately
434 Special Agents assigned to the Division, and the professional
support staff complement is 282.
Counterterrorism
Preparedness
Counterterrorism
Preparedness includes the use of field and table top exercises,
testing the capabilities of the agencies who would respond
to an attack involving chemical, biological, or nuclear agents.
These exercises have proved valuable to the Chicago Division,
not only for assessing the FBI's ability to respond to a WMD
event, but also providing all other responders with an accurate
view of their own abilities, as well as a means for agency
responders to get to know each another and improve coordination.
The Chicago
Division has had an extremely active WMD Program and has placed
an emphasis on strong liaison with state and local agencies
involved in response to WMD. Chicago participated in several
working groups and task forces consisting of local, state,
and federal agencies, to include: The Illinois Emergency Management
Agency, the Illinois Department of Public Health, the Federal
Emergency Management Agency, the Chicago Fire Department,
the Mutual Aid Box Alarm System (MABAS), the Illinois National
Guard, the Illinois State Police Hazardous Materials (HAZMAT)
Division, and the U.S. Postal Inspector. Private academic
and research facilities, such as the Illinois Institute of
Technology Research Institute were also represented. Through
this liaison, the Chicago FBI was able to collect information
regarding potential threats and quickly respond when appropriate.
Chicago maintained one of eight regional enhanced Hazardous
Materials Response Teams (HMRTs) attached to the Chicago FBI's
Evidence Response Tem (ERT). The HMRT has received extensive
training in responding to a potential WMD incident and regularly
trained with other HAZMAT teams in the Chicago area. The ERT
HMRT is composed of FBI Special Agents trained to gather evidence
in a crime scene, contaminated by either biological or chemical
materials, utilizing Personal Protection Equipment (PPE) up
to Level A. The cross-trained bomb technicians wear both PPE
and a bomb suit, and they are able to "render safe"
an explosive device designed to disperse chemical or biological
materials.
Counterterrorism
Preparedness issues were addressed for various special events
that occurred in Northern Illinois. These events included
the annual Jewish Federation Conference, which then Prime
Minister Barak and current Prime Minister Ariel Sharon attended,
and the National Abortion Federation Annual Conference.
InfraGard
is an information sharing and analysis alliance between government
and the private sector that provides formal and informal channels
for the exchange of information about infrastructure threats
and vulnerabilities. The FBI started the alliance as a pilot
project in 1996, and the Chicago Division initiated an InfraGard
chapter in 2000. The members conduct regular meetings to discuss
awareness of computer issues and operate an anti-intrusion
system. Additionally, in conjunction with InfraGard, the Chicago
Division participated in a terrorism threat assessment team
consisting of representatives from the Chicago Police Department,
Chicago Fire Department, and the Illinois State Police. This
threat assessment team identified key infrastructure components
throughout the City of Chicago. Information pertinent to the
specific venue, i.e., ingress, egress, utility information,
key personnel, storage of hazardous material, and other information
vital to first responder safety, was obtained and entered
into a database at the City of Chicago Emergency Communications
Center. In the event of a terrorist incident or threat, this
information can be retrieved by the first responder.
The National
Infrastructure Protection Center (NIPC) was created in 1998.
The NIPC is an interagency center that serves as the focal
point for the government's effort to warn of and respond to
cyber intrusions, both domestic and international. Through
a 24-hour watch and other initiatives, the NIPC has developed
processes to ensure that it receives information in real-time
or near real-time from relevant sources, including the United
States intelligence community, FBI criminal investigations,
other federal agencies, the private sector, emerging intrusion
detection systems, and open sources. This information is quickly
evaluated to determine if a broad-scale attack is imminent
or underway.
Because
warning is critical to the prevention of terrorist acts, the
FBI also uses the expanded National Threat Warning System
(NTWS). Information is received via secure teletype through
this system. The messages are transmitted to all FBI field
offices and legal attaches. If threat information requires
nationwide unclassified dissemination to all federal, state,
and local law enforcement agencies, the FBI transmits messages
via the National Law Enforcement Telecommunications System
(NLETS). In addition, the FBI disseminates threat information
to security managers of thousands of U.S. commercial interests
through the Awareness of National Security Issues and Response
(ANSIR) Program.
After
September 11th, a tool was needed to provide real-time information
and a facility to share information. The Chicago Division
recently began an information-sharing project with federal,
state, and local law enforcement agencies using the Law Enforcement
On-Line (LEO) web page. LEO is an unclassified Internet-based
service for law enforcement managed at FBI Headquarters by
the Criminal Justice Information Services (CJIS) Division.
The information provided to law enforcement agencies, as well
as appropriate private entities, will be approved by FBI Headquarters,
the Program Assistant Special Agent in Charge, and the U.S.
Attorney for the Northern District of Illinois.
This
information sharing project is a result of a task force on
terrorism initiated by the Illinois Association of Chiefs
of Police (IACP) and the Chicago FBI after the September 11
attacks. Several subcommittees were established to address
problem areas such as information-sharing, mutual aid, and
task forcing. This effort has been very successful. As stated
above, the LEO system will facilitate communication regarding
terrorist matters, not only between law enforcement agencies,
but also with other appropriate agencies in the public and
private sectors. Federal and local law enforcement agencies
have joined to determine the capabilities and resources of
each agency that could be utilized in a WMD incident or in
other types of emergencies. Efforts have been made to change
legislation within the state of Illinois to enable law enforcement
agencies to have police powers outside their jurisdictions.
Memoranda of understanding are also being proposed to cover
questions such as liability, salaries, overtime, command structure
and other issues which would arise as a result of a mutual
aid call out. It is interesting to note that fire departments
in Illinois are far ahead of law enforcement in preparing
for mutual response to major incidents as well as developing
WMD response capabilities. As a result, the IACP Terrorism
Task Force in cooperation with the FBI has sought out the
participation of fire department executives in forming mutual
aid response plans. The fire departments' MABAS mutual aid
system is being used as a model for designing law enforcement
response to WMD or other major incidents that would exhaust
the resources of an individual law enforcement agency. This
effort is a positive one in developing an effective law enforcement
WMD response, but local law enforcement is looking to the
federal government for funding for personal protection equipment
and training in its use. In addition, local law enforcement
agencies are seeking additional WMD training for the first
responder.
Chicago
Terrorist Task Force (CTTF)
The mission
of the CTTF is to prevent, detect, deter and investigate attacks
carried out by domestic and international terrorists in the
Northern District of Illinois, including the Chicagoland area.
Additionally, the CTTF investigates all criminal activities
perpetrated by such terrorist individuals and groups to include
the acquisition of funds used to provide material support
to terrorist groups. Other criminal terrorist acts include
illegal possession of weapons, explosives, false identifications,
immigration violations and seditious conspiracy. The CTTF
works with local, state and federal agencies, as well as the
private sector, to establish appropriate responses to terrorist
attacks.
The CTTF
was founded in 1981 by members of the Chicago Police Department,
the Federal Bureau of Investigation, the United States Secret
Service and the Illinois State Police, for the purpose of
conducting a joint investigation of the Armed Forces of National
Liberation (FALN), a Puerto Rican terrorist group, which sought
the independence of Puerto Rico through violence. In 1983,
the member agencies expanded the mandates of the CTTF to include
responsibilities for the investigation of all domestic terrorism
in northern Illinois. Eventually, the member agencies have
expanded the CTTF's jurisdiction to include responsibilities
for all international terrorism investigations as well. The
successes of
There
are a variety of federal and state statutes that make many
clandestine activities performed by terrorists groups, illegal.
Virtually any violent attack, such as bombings, arsons, assaults,
kidnapings, extortions, murders, poisoning, etc., committed
by a terrorist organization, will violate such statutes. Additionally,
Title 18 U.S. Code Sections 2339 (a) and (b) make it an offense
to "provide material support" to terrorists and
"designated foreign terrorist organizations." Further,
the Weapons of Mass Destruction Act, Title 18 U.S. Code, Section
2332 (a) makes it a federal offense to use, or threaten to
use, a destructive device such as a chemical, biological,
nuclear or radiological bomb. A recent example in Chicago
where an individual was charged with the Possession of a Weapon
of Mass Destruction occurred on March 9, 2002, when Daniel
Konopka was arrested for trespassing in the steam tunnels
of the University of Illinois at Chicago. Konopka was also
wanted by the FBI on an Unlawful Flight to Avoid Prosecution
Warrant out of our Milwaukee Field Division. At the time of
his arrest, Konopka had a vial containing a white powdered
substance which was later determined to be cyanide. Through
a cooperative effort by the University of Illinois at Chicago
Police Department, the Chicago Police Department, the Chicago
Fire Department, the CTTF, and the Milwaukee FBI, an additional
1.25 lbs. of cyanide was discovered, hidden by Konopka in
the Chicago Transit Authority subway system. Approximately
200 jars of laboratory chemicals and numerous barrels containing
unknown chemicals were recovered in an abandoned warehouse
in Chicago. This had been the source of Konopka's cyanide,
found on his person at the time of arrest and hidden by him
in the subway. This matter is pending prosecution in Illinois.
Since
October 2001, the FBI nationwide responded to more than 16,000
reports of actual or the threatened use of anthrax and other
hazardous materials. Chicago, like all other field offices,
is participating in the investigation of the actual anthrax
cases in New York, New Jersey, and Florida. The CTTF's WMD
program maintained an aggressive posture regarding responses
to alleged threats of anthrax releases. To date, more than
1800 samples have been sent and tested at the Illinois Department
of Public Health Laboratory, Chicago, Illinois, for the presence
of anthrax. All of these samples were negative for the presence
of anthrax. Additionally, the CTTF responded to or handled
approximately 3700 telephone inquiries regarding the alleged
threats of an anthrax release. Twenty investigations were
initiated, involving hoax threat to release a WMD. In the
case of threats received via the U.S. Mail, the investigation
is coordinated with the United States Postal Inspection Service.
The CTTF
continues to be deeply involved in planning, training and
liaison activities concerning WMD matters. The City of Chicago
has been selected to host a multi-agency WMD exercise in 2003.
The CTTF is a main participant in the State of Illinois Terrorism
Task Force. This task force, consisting of major agencies
within Illinois, having responsibilities for WMD Terrorism
related incidents. It is chaired by the Illinois Emergency
Management Agency and includes those agencies such as the
FBI, Illinois State Police, and other agencies which would
logically respond to a WMD event. Through this liaison, the
Chicago Division was able to quickly identify and respond
to events of a WMD nature.
The Chicago
Division has had a very good relationship with the United
States Attorney's office for the Northern District of Illinois.
The present United States Attorney, Patrick Fitzgerald, is
recognized for his extensive knowledge of terrorist groups
and his ability to successfully prosecute them. He has put
together a team of senior prosecutors to address terrorism
investigations in an aggressive manner. The CTTF works hand-in-hand
with the United States Attorney's Anti-Terrorism Task Force
to share intelligence and capabilities of the member agencies,
coordinate prosecutions with the local State's Attorneys,
and to provide information to law enforcement and public safety
agencies as well as to interested community groups.
Conclusion
Terrorism
and the investigation of terrorist acts are certainly not
new to the FBI and to the CTTF. However, the complexity and
scope of terrorist investigations have certainly increased
over the past four decades. What began in the 1960s, 1970s,
and early 1980s as domestic left-wing terrorist acts directed
against the United States policy in Vietnam and for the independence
of Puerto Rico, and right-wing militia and hate group disputes
with United States regarding taxation, governmental authority
and racial hatred, have changed. Terrorism today includes
international terrorist threats, requiring a global law enforcement
and military response to achieve our mission of detection,
deterrence, prevention, and effective response to terrorist
acts.
In the
past, we taught our agents and local law enforcement personnel
that the favorite weapons of the terrorist were pipe bombs
and firearms. Over time, these weapons have evolved to include
car and truck bombs, where the vehicle no longer was the target
of the bomber, but became the container of the bomb itself.
Terrorist weapons have changed; no longer are they limited
to a metal pipe containing black powder and a pocket watch
timer. The terrorist device can be a rental van containing
explosive urea nitrate that detonates in the level 2 parking
area of the World Trade Center on February 26,1993, causing
six deaths, 1,042 injuries as well as significant economic
loss. The device can be a rental truck full of ammonium nitrate
and fuel oil that explodes in front of a building on April
19, 1995, killing 168 babies, children, adults, injuring 518
and causing the destruction of Murrah Federal Building and
surrounding structures. The terrorist device can be letters
containing anthrax, mailed to unsuspecting victims and delivered
by dedicated postal employees in September and October 2001.
The terrorist device has become hijacked airliners which were
deliberately crashed into buildings on September 11, 2001,
causing thousands of deaths and shocking the nation and the
world.
Life
has changed for all of us in the United States as well as
throughout the world. Major acts of terrorism are no longer
confined to Asia, Europe, the Middle East and South America.
The terrorists have struck hard within our borders and have
brought the violence to our neighborhoods, to our citizens,
to our families, to all of us. We are threatened by a man
in a cave, thousands of miles away, and by a former Chicago
resident named Padilla, who returned to his city and his nation,
seeking to carry out a plan of mass destruction. We are improving
our WMD capabilities, our intelligence sharing, and our willingness
to dedicate personnel and resources to this fight. We, by
we I mean the FBI, the CTTF, the public safety community,
the public health community, the military, the intelligence
agencies, and our allied countries are joined in a battle
that may last years, but the alternative of not entering the
fight is unacceptable.
Chairman
Horn, this concludes my prepared remarks. I would like to
express my thanks for the opportunity to speak to this subcommittee
and for your interest in the state of Counterterrorism Preparedness
in Northern Illinois. I am pleased to respond to any questions
that you or your members may have.
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