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Testimony of Francis A. Gallagher,
Deputy Assistant Director,
Criminal Division, Organized Crime, Drugs, Violent Crimes
and Major Offenders Branch, FBI
Before the House
Committee on Government Reform, Subcommittee on
Criminal
Justice, Drug Policy and Human Resources
December 5, 2001
"Evaluation of the FBI's Investigative Priorities"
Mr. Chairman and members of
the subcommittee, thank you very much for the privilege of
allowing me to testify here today. As you all know, on 9/11
the way we do business changed. It changed for the FBI, it
changed for all law enforcement, it changed for all of America.
Now we must make some of the changes we experienced permanent
and develop other changes or other ways of doing business
and serving the American public, if we are to be an effective
and an efficient national law enforcement agency.
The FBI has jurisdictional responsibility
for over 300 classifications of Federal crimes. Some of them
are exclusively the jurisdiction of the FBI and some of them
are violations where we share jurisdiction with other agencies,
either Federal, State or local agencies. Some of these violations,
which we investigate with shared jurisdiction, are ones where
the other agency doesn't have the capacity to shoulder these
investigations alone. An example of this would be crimes occurring
in Indian country, where the Bureau of Indian Affairs (BIA)
shares jurisdiction, but BIA doesn't have the capacity to
handle the volume of cases or the required expertise for some
cases. Drug violations are also ones we share with many other
agencies. However, the way drugs have permeated our society
and lead to so many other violations, and the way they are
part and parcel of so many criminal enterprises, our jurisdiction
is necessary to try to fully investigate criminal organizations.
In 1998, the FBI established
a five year strategic plan to set investigative priorities
in line with a three tiered structure. Tier 1 comprises those
crimes or intelligence problems, which threaten our national
or economic security. Tier 2 involves offenses which involve
criminal enterprises or those which adversely affect our public
integrity. Tier 3 includes violations which affect individuals
or property. In line with this plan, we have increasingly
enhanced the resources dedicated to the areas of Counterintelligence
(CI) and Counterterrorism (CT).
Let me discuss how the recent
terrorism incidents have affected the resources assigned to
the FBI. Our budget authorizes the FBI to have 8883 Special
Agents to conduct investigations in the field (this does not
include those assigned as managers in the field offices, those
assigned to FBIHQ or those assigned to international or special
assignments). Prior to 9/11, 73% or about 6,500 of these agents
were assigned to criminal investigative program matters -
that is, Organized Crime, White Collar Crime, Drugs, Violent
Crime or Civil Rights. A little over two percent were assigned
to Applicant matters. The remaining 25% were assigned to CI
or CT matters.
Following the terrorist incidents,
about 67% or more than 4,000 of those Agents in the field,
who previously worked criminal investigative matters, were
diverted to conduct investigation related to Penttbom or the
subsequent Anthrax letters and hoax letters. Also, agents
were diverted to cultivating relationships within the Arab
American community or working Hate Crimes directed against
individuals of Middle Eastern descent. During the first two
weeks after 9/11, all Agents, both those working the terrorist
related matters as well as those who continued working the
traditional criminal violations, worked on average over 13
hours a day.
We are continuing to utilize
almost 3,000 Agents more than we are budgeted for to investigate
counterterrorism. Presently, our utilization of agent resources
is showing a gradual return to more normal levels. We are
now using more than 55% of what had previously been our criminal
investigative resources on those violations. However, with
the increased emphasis on the prevention of any terrorist
act, it is doubtful that we will ever return to the same staffing
levels for each program which existed prior to 9/11.
Prior to 9/11, the FBI was usually
involved in about 250 assessments and responses related to
suspected weapons of mass destruction events per year, some
of which were anthrax hoaxes. During the first three weeks
of October alone, we have had more than 3,300 of these occurances,
which included 2,500 suspected anthrax incidents. Additionally,
278 hate crime allegations associated with the events of 9/11
have been investigated.
To date, 36 of our 56 field
offices have established Joint Terrorism Task Forces (JTTFs),
most of which existed prior to 9/11, and the Director has
instructed that all field offices establish a JTTF as soon
as it is possible. The FBI has established a Financial Review
Group (FRG) which is a multi-agency international task force
investigating all funding avenues utilized by the terrorist
networks.
In order to effectively address
the terrorism threats and traditional crime problems which
the FBI faces on a long term basis, the Director has developed
an internal reorganization plan. This reorganization plan
has received Congressional approval and the FBI is moving
forward. The initial stages of our reorganization will be
at the headquarters level and should not create any discernable
effect to the public eye.
In this overall reorganization,
there are many factors to consider, including the long term
shifting of resources from traditional criminal investigative
priorities to counterterrorism. However, decisions concerning
resource allocation to the various criminal programs has not
been finalized. There is an ongoing comprehensive examination
of all the criminal violations, which the FBI addresses to
assist in this reorganization. Our continued involvement in
multi-agency task forces addressing multiple crime problems
will be of the utmost importance. All of our field offices
have established various task forces, in addition to the JTTFs,
designed to address a myriad of traditional crime problems.
These task forces not only help to enhance the FBI's resources
by establishing law enforcement links with local, State and
other Federal agencies, but enhance the sharing of intelligence
which crosses criminal program lines. We intend to focus our
efforts on significant criminal enterprises and the most serious
personal and economic crimes to address community safety and
violations within prosecutive guidelines.
Thank you very much Mr. Chairman
for allowing me to testify today and I am happy to answer
any questions you or the members of the Subcommittee may have.
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