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Testimony of James F. Bogner, Assistant Special Agent in
Charge, Omaha Division, FBI
Before
the House Committee on Governmental Reform
Subcommittee on Government Efficiency, Financial Management,
and Intergovernmental Relations
July 3, 2002
"Counterterrorism"
Good
morning Chairman Horn, Members of the Subcommittee and distinguished
guests. I appreciate and value the opportunity to appear before
you today to discuss the FBI's efforts in terrorism prevention
and preparedness in the Omaha Division. I will focus on what
the FBI is doing here to assist state and local governments
in preparing for potential attacks involving biological, chemical
or nuclear weapons, which we collectively refer to as Weapons
of Mass Destruction or the acronym "WMD." I will
also address measures being taken by the FBI and our law enforcement
partners to address terrorism and WMD threats in Nebraska
and Iowa, the "heartland" of America.
Introduction
As part
of his reorganization plan, FBI Director Mueller stated, in
a communication to all FBI employees on May 20th of this year,
the FBI's goal in counterterrorism is prevention. It is not,
as in the past, only reacting to attacks with excellence and
bringing terrorists to justice. While investigating terrorist
acts remains the FBI's highest priority, our primary goal
is prevention of future acts of terrorism. This does not mean
that prosecution is not important. Prosecution is an absolutely
critical element of prevention. But making clear that the
goal is prevention rather than prosecution will mean enhanced
emphasis on intelligence, analysis and proactive initiatives.
Counterterrorism is the top priority of the Omaha Division,
as it is for every single field office of the FBI and of every
component of headquarters that supports these efforts in any
way. This means a constant need to reassess--and as necessary
shift--resources to address counterterrorism. The FBI will
need to be more flexible and agile in addressing the constantly
shifting terrorism threat. Our enemy is not static and we
must not be either.
We in
the Omaha Division of the FBI have embraced Director Mueller's
message. We have implemented numerous initiatives in the months
since the 9/11 terrorist attack on our country to ensure that
we are doing all that we can to prevent another such attack.
We maintain an aggressive program of preparedness training
and coordination for potential WMD attacks which we initiated
well before the 9/11 attack. We have also had some notable
successes in counterterrorism investigations. Before I tell
you about what we're doing, I wish to take a moment to describe
some unique aspects of the territory for which the Omaha Division
of the FBI is responsible.
The
Omaha Office of the FBI
While
the Omaha Office is one of the smallest of the 56 field offices
in the Bureau in terms of staffing, it has one of the most
expansive and diverse geographic territories in the FBI. Indeed,
the geography and demographics of the Omaha Division's territory
pose unique challenges in effectively fulfilling the FBI's
mission.
The Office
covers the two states of Iowa and Nebraska, a territory spanning
two time zones and extending from the Mississippi River to
the foothills of the Rocky Mountains. It is approximately
800 miles from the eastern border to the western border of
the division. The Omaha Division encompasses three Federal
judicial districts: the District of Nebraska, the Northern
District of Iowa and the Southern District of Iowa. In order
to properly serve this vast territory, the Omaha Division
has a headquarters city office in Omaha, Nebraska, and eight
resident agencies throughout the two states. Three of the
eight resident agencies are in Nebraska and five are in Iowa.
Omaha's
territory includes distinctly different regions of the country
ranging from urban industrial centers to Midwest farmlands
and agricultural communities to the ranch lands of the Great
Plains. The vastness of the territory and the resulting differences
in regional culture and crime problems require the Omaha Division
to maximize the leveraging of its resources and to exercise
flexibility and innovation in its investigations and operations.
Omaha
Division Counterterrorism & WMD Initiatives
The foundation
of the Omaha Division's Counterterrorism and WMD efforts consists
of the triple building blocks of communication, coordination
and cooperation. These building blocks result in a solid partnership
between the FBI and front-line law enforcement agencies. Here
in the Midwest, the law enforcement community has traditionally
enjoyed a true spirit of partnership and inclusiveness. Perhaps
this is due to the pioneer and agricultural heritage of this
part of the country which gave rise to such traditions as
barn raisings, cooperative livestock drives and mutual harvesting
operations. Regardless of the origins of these characteristics,
we and our city, county, state and other Federal counterparts
recognize that an inclusive partnership is the most effective
means of countering terrorism. This partnership, when formalized,
takes the shape of a Joint Terrorism Task Force or "JTTF."
The
Nebraska/Iowa JTTF
The process
of forming the Nebraska/Iowa JTTF reflected the unique and
expansive nature of our territory and embraced the ideals
of an inclusive partnership. As I am sure you already know,
the first JTTF in the country was formed in 1980 by the FBI
in New York. Every FBI field office that did not already have
a JTTF has since formed one or is in the process of doing
so. Most JTTFs consist of one main investigative entity with
one or two sub-elements or annexes. We in the Omaha Division
recognized that a JTT
The response
of the Nebraska and Iowa law enforcement communities was gratifying:
one-hundred-seventy-one (171) representatives of various local,
county, state and other Federal law enforcement agencies attended
our meetings. During these meetings, we gave detailed presentations
about the overall terrorism threat, the FBI's counterterrorism
strategy, the function and structure of the typical JTTF and
local terrorism threat assessments focused on each of the
regions of our territory in which meetings were held.
We proposed,
and our law enforcement partners universally agreed, that
the Nebraska/Iowa JTTF should have multiple, regionally focused
teams because of the tremendous expanse of territory in Nebraska
and Iowa. As a practical matter, one investigative entity
cannot possibly cover the entire, two-state territory. Therefore,
the Nebraska/Iowa JTTF was formed with five (5) regional teams
that focus on regions of the two states corresponding to areas
served by the various offices of the Omaha Division of the
FBI. Each team conducts investigations in its geographic region;
however, there is centralized intelligence sharing, coordination
and administration of the overall JTTF. The five Nebraska/Iowa
JTTF teams are: Eastern Nebraska /Omaha-Lincoln Metro Area,
Central Nebraska, Western Nebraska, Eastern Iowa, and Central/Western
Iowa. I have provided a map showing the areas of our territory
covered by each of our five JTTF teams as an attachment to
my written statement provided to the committee.
The Nebraska/Iowa
JTTF was officially approved and funded by FBI Headquarters
on May 1st, 2002, and currently consists of 110 law enforcement
agents or officers from more than 50 different agencies. Of
the 110 JTTF agents or officers, 21 are full-time participants
and 89 are part-time. We are currently in the process of finalizing
security clearances and Federal deputations for the JTTF officers.
We already
conducted one training session in Omaha and are in the process
of scheduling a series of two-day, initial training seminars
to be conducted in various regions of our territory in late
July and early August of this year. This initiative is intended
to provide initial, basic counterterrorism training for our
110 JTTF officers. Our planned curriculum includes the topics
of: JTTF objectives and operations, interviewing and report
writing techniques, the Attorney General Guidelines for preliminary
and full counterterrorism investigations, an overview of the
international and domestic terrorism threats, asset and informant
development and operation, legal matters, counterterrorism
investigative methodology, cyber-terrorism and Weapons of
Mass Destruction.
After
the initial, two-days of training, we plan to implement a
continuing training program under which we will conduct training
conferences three or four times each year and also take advantage
of Department of Justice-funded State and Local Anti-terrorism
Training or "SLATT" programs. In so doing, we will
build a cadre of trained and experienced JTTF officers throughout
our two-state territory to maximally leverage the FBI's counterterrorism
resources .
In addition
to the training specifically designed for our JTTF partners,
we have provided Counterterrorism training to city, county,
state, and Federal law enforcement agencies throughout Iowa
and Nebraska. These training sessions, to attendees of the
Law Enforcement Coordinating Committee Conferences, Iowa 'All
Agents' Conference, co-sponsored by both U.S. Attorneys in
Iowa, State-wide National Academy Associates Training Conferences,
The Iowa Chiefs of Police Association annual state-wide meeting,
The Police Chiefs Association of Nebraska meeting, and Attorney
Generals Anti-Terrorism Task Force meetings in Iowa and Nebraska,
have provided the attendees with historical and background
terrorism information, investigative and intelligence information,
as well as table-top planning and response exercises.
The Nebraska/Iowa
JTTF addresses both domestic and international terrorist threats,
to include the WMD threat. While the terrorist attacks of
September 11, 2001, have clearly shown that the most urgent
terrorist threat currently facing our Nation is that from
radical Islamic Fundamentalists, the Nebraska/Iowa JTTF will
also devote appropriate efforts to domestic terrorist threats
and WMD preparedness in the long term.
NE/IA
JTTF Success: Lucas Helder / Mailbox Pipe Bomb Case
The Nebraska/Iowa
JTTF has already conducted a very successful, high profile
domestic terrorism investigation despite the fact that this
JTTF is still in its nascent stages. Starting on Friday, May
3, 2002, just two days after the Nebraska/Iowa JTTF was formally
approved, a series of improvised bombs was left inside mailboxes
in rural areas of Eastern Iowa and Northwest Illinois. Accompanying
each pipe bomb was a letter addressed to the public that offered
comments about life, death, pain and the impact of government
on the individual. The letter suggested that the author had
a grievance against some level of government. By the end of
the day on May 3rd, bombs had been discovered in eight separate
mailboxes and six people were injured by these pipe bomb attacks.
The injured included a 70-year-old woman who was seriously
injured when she opened her mail box and several rural mail
carriers who were injured when trying to deliver mail.
The Nebraska/Iowa
JTTF mobilized within hours of the first pipe bomb explosion.
The Eastern Iowa and Central Iowa JTTF teams jointly established
a multi-agency command post at the FBI Resident Agency in
Cedar Rapids, Iowa, which was staffed around the clock by
all agencies involved in the investigation. The FBI Counterterrorism
Division at FBI Headquarters instituted a watch desk in the
FBI Strategic Information and Operations Center, or "SIOC."
The JTTF command post in Cedar Rapids coordinated the efforts
of evidence recovery and investigative teams from the FBI,
the Bureau of Alcohol Tobacco and Firearms, U.S. Postal Inspection
Service and various state and local agencies.
On Saturday,
May 4th, bombs accompanied by letters identical to those found
in Iowa were discovered at six locations in Nebraska. In response,
the Omaha/Lincoln Eastern Nebraska JTTF team swung into action.
A second, multi-agency command post was established at the
FBI Omaha Division headquarters city office in Omaha, Nebraska
which was also staffed 24 hours a day by all agencies involved.
A seventh pipe bomb was found in Nebraska on Sunday, May 5th
and an eighth was found in Nebraska on Monday, May 6th. Two
additional bombs were found on Monday, May 6th: one in rural
Colorado and one Texas, yielding a total of 18 bombs in five
states.
At this point, overall command of the investigation shifted
from the Cedar Rapids, Iowa command post to the Omaha, Nebraska
command post, where the Nebraska/Iowa JTTF coordinated the
investigation and evidence recovery efforts in the five states
in which pipe bombs had been found. The full resources of
the FBI, to include specialized bomb scenting dogs, the FBI
Bomb Data Center, the FBI Laboratory, national FBI aviation
assets, and the FBI Behavioral Analysis Unit were applied
to the investigation of the 18 pipe bombs. The efforts of
all of these national level resources and of the hundreds
of federal, state and local law enforcement officers were
all coordinated and directed by the Nebraska/Iowa JTTF through
the Omaha command post. Seven (7) different FBI field divisions
were involved in the investigation which resulted in the apprehension
and filing of charges against Lucas John Helder. This investigation,
and the national media coverage seeking the public's assistance
were also coordinated by the Nebraska/Iowa JTTF.
The Nebraska/Iowa
JTTF is justifiably proud of this investigation. The identification,
location, apprehension and filing of charges against an individual
within five days of the first bomb being found proved that
the building blocks of our JTTF foundation are indeed strong.
The communication, coordination and cooperation between the
dozens of law enforcement agencies and hundreds of agents
and officers demonstrated by this very successful investigation
will continue to be the hallmarks of Nebraska/Iowa JTTF counterterrorism
efforts in the future.
Other
Nebraska/Iowa JTTF Initiatives
There
are other ongoing counterterrorism investigations being conducted
by the Nebraska/Iowa JTTF in addition to the training initiatives
and successful investigation of the mailbox pipe bombings
described above. Because these investigations are still ongoing,
I am unable to provide any details about them.
However,
there is one Nebraska/Iowa JTTF communications initiative
I wish to briefly tell you about. We are working closely with
the Nebraska State Patrol and the Iowa Department of Public
of Safety to establish secure, web-based communications channels
that will be used by JTTF officers in both states. Both the
Nebraska State Patrol and the Iowa Department of Public Safety
have existing, secure, web-based intelligence sharing and
communications systems accessible to law enforcement agencies.
Special counterterrorism sites have already been established
on each system. We are working to establish secure, JTTF subsites
on these systems to which JTTF agents and officers in each
state will have access. Ultimately, we hope to link the Nebraska
and Iowa state systems to further enhance coordination and
intelligence sharing.
WMD
& Counterterrorism Preparedness
In addition
to JTTF activities, the FBI Omaha Division has been involved
in WMD and counterterrorism preparedness and training that
predates the terrorist attacks of September 11. The FBI Counterterrorism
Division's Weapons of Mass Destruction Countermeasures Unit
plans and conducts WMD exercises which address the specific
needs and objectives of state and local emergency responders.
State and local emergency management officials may request
this assistance through their respective FBI WMD Coordinators
who forward the request to FBI Headquarters. Every FBI Field
Division, including the Omaha Division, has a WMD Coordinator.
In order
to ensure that the various state and local agencies in Iowa
and Nebraska are familiar with the assistance the FBI can
provide as well as our protocol for responding to a WMD incident,
Omaha's WMD Coordinator has conducted or participated in nine
(9) preparedness or training events in the last three years,
as set forth below.
- 2/1999
- Participated in Nunn/Lugar/Domenici training in Omaha.
- 6/1999
- Coordinated and planned a three-day WMD needs assessment
for the Department of Justice.
- 10/1999
- Participated in Domestic Preparedness Senior Officials
Workshop in Lincoln.
- 11/1999
- 3/2000 - Assisted the Nebraska Emergency Management
Agency in training all Nebraska state supervisors and
managers in terrorism and preparedness issues. Training
held at various locations throughout the state.
- 1/2000
- Participated in Nunn/Lugar/Domenici training in Lincoln.
- 11/2000
- Provided domestic preparedness training for Iowa emergency
managers.
- 2/2001
- 4/2001 - Assisted the Nebraska Emergency Management
Agency with terrorism awareness training. Training held
at various locations throughout the state.
- 12/2001
- Assisted University of Nebraska Extension Coordinator
with chemical/pesticide safety and security training program.
- 1/2002
- Provided WMD response training for Iowa emergency managers
and law enforcement.
WMD Response
training for Iowa emergency managers and law enforcement conducted
in January 2002 (the last entry in the listing above) merits
some additional discussion because of the innovative manner
in which it was conducted. This training was jointly produced
and conducted by the Omaha FBI in partnership with the Iowa
Emergency Management Division. The focus of the training was
crisis management and coordination of responses to WMD incidents
with an emphasis on bio terrorism incidents. This training
was televised and broadcast live throughout Iowa on the Iowa
Cable Network. All Iowa law enforcement, fire and rescue agencies
were invited to participate in the training which featured
an interactive, call-in question and answer period after the
formal presentations. In addition to the FBI, the Iowa Emergency
Management Division and the Iowa Public Health Laboratory
presented blocks of instruction.
The FBI's
portion of this training dealt with its response protocol
and the FBI's interagency threat assessment process. The FBI's
WMD Operations Unit, which is in the Counterterrorism Division
at FBI Headquarters, coordinates this threat assessment to
determine the credibility of the threat received, the immediate
concerns involving health and safety of responding personnel,
and the requisite level of response warranted by the federal
government. To conduct the threat assessment, the FBI obtains
detailed information from the on-scene personnel and input
from the necessary federal agencies with responsibility in
the particular incident. In a biological event, the Department
of Health and Human Services (HHS), including Centers for
Disease Control and Prevention (CDC), and Food and Drug Administration
(FDA), as well as the United States Department of Agriculture
(USDA) are the key agencies called upon to assist FBI personnel
in assessing the particular threat. Based upon the assessment,
a determination is made as to the level of response necessary
to adequately address the particular threat, which could range
from a full federal response if the threat is deemed credible,
to collection of the material in an effort to rule out the
presence of any biological pathogens if the threat is deemed
not credible. A similar threat assessment process occurs in
the event of a chemical or nuclear threat.
The Omaha
FBI WMD coordinator is also a member of the steering committee
for the Omaha Metropolitan Medical Response System, or "OMMRS."
Representatives of all major health care facilities and public
health officials in the Omaha metropolitan area participate
in the OMMRS. The OMMRS mission is to maximize preparedness
and coordination in the health care community to ensure effective
responses to major public health incidents, including bio
terrorism and WMD attacks. The OMMRS meets on a monthly basis.
Our counterterrorism
preparedness efforts include regular participation in field
and table top exercises to test the response capabilities
of agencies who would participate in a disaster involving
biological, chemical, or nuclear attack. The Omaha Division
has participated in 10 exercises in the past three years,
as set forth below.
- 3/2000
- Participated in a chemical weapons attack tabletop exercise
in Omaha, assisted in exercise planning.
- 5/2000
- Participated in a functional chemical weapons attack
field exercise in Omaha, assisted in planning.
- 9/2000
- Participated in an airport security tabletop exercise.
- 3/2002
- Participated in a biological weapons attack table top
exercise in Lincoln, NE assisted in planning.
- 5/2002
- Participated in a functional chemical weapons attack
field exercise in Lincoln, NE assisted in planning.
In addition
to the formal training provided and participation in various
exercises, the Omaha FBI WMD Coordinator maintains liaison
on a daily basis with city, county and state law enforcement
and emergency management agencies.
WMD
Investigations and Operations
In the
area of WMD investigations and operations, the Omaha Division
is in constant communication with members of the law enforcement,
fire, emergency management, and medical communities. This
partnership was clearly evident in the cooperation during
the time period after September 11, 2001, when anthrax hoaxes
occurred in Iowa and Nebraska. In addition to those hoaxes,
well-meaning citizens reported hundreds of suspicious packages
and other items. Since October 2001, nationwide the FBI has
responded to more than 16,000 reports of use or threatened
use of anthrax or other hazardous materials and the Omaha
Division has had its share of these. We have provided advice
and guidance on more than 800 incidents of suspected anthrax,
physically responded to the scene approximately 75 times,
and have several pending investigations related to various
WMD threats.
Another
example of the high degree of interagency cooperation we enjoy
here in the Omaha Division is that the local ATF office provided
agents who worked hand-in-glove with the FBI to handle the
federal response to anthrax reports in the Omaha metropolitan
area. FBI Agents and ATF Agents responded to the calls on
a rotational basis with such seamless cooperation that the
general public was not even aware that different agencies
were responding. The Omaha FBI also coordinated and facilitated
the laboratory testing of suspicious parcels throughout Iowa
and Nebraska.
National
Infrastructure Protection and Cyber Terrorism
Because
of its relevance to the topic of this hearing, specifically
the threat to nuclear and chemical facilities, I would like
to briefly discuss the Omaha FBI's efforts in support of the
FBI's National Infrastructure Protection mission. I know that
you have already received a number of briefings about the
National Infrastructure Protection Center, or "NIPC,"
which 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. NIPC programs
have been established in each of the FBI's 56 field divisions,
including the Omaha Division.
A key
component of the FBI's infrastructure protection efforts is
the InfraGard Program which incorporates a variety of entities,
all of which have a stake in protecting our national infrastructure
against cyber attacks, into a system similar to a Neighborhood
Watch. InfraGard is a national, cooperative undertaking between
the FBI and non-FBI members which typically include businesses,
academic institutions, military installations, state and local
law enforcement agencies and other selected participants.
InfraGard is dedicated to increasing the security of the critical
infrastructure of the United States. InfraGard chapters engage
in various training and coordination activities, share intelligence
related to computer issues, and operate a self warning system.
The Omaha
Division of the FBI has initiated InfraGard chapters in Omaha,
Nebraska and Des Moines, Iowa. Members of the Omaha InfraGard
chapter include the U.S. Strategic Command at Offutt Air Force
Base, which controls the entire nuclear arsenal of the United
States; and the Peter Kiewit Institute, a world leader in
technology research and development.
Conclusion
Despite
the recent focus on international terrorism, it is important
to remain cognizant of the full range of threats that confront
the U.S. These threats continue to include domestic and international
terrorists. Terrorism represents a continuing threat to the
U.S. and a formidable challenge to the FBI. In response to
this threat, the FBI has developed a broad-based counterterrorism
program, based on investigations to disrupt terrorist activities,
interagency cooperation, and effective warning. While this
approach has yielded many successes, the dynamic nature of
the terrorist threat demands that our capabilities continually
be refined and adapted to provide the most effective response.
In the
Omaha Division, all of the FBI's investigative and preparedness
responsibilities are conducted jointly with other law enforcement
agencies and often with the appropriate fire, emergency response,
and medical agencies. It is impossible for the FBI to conduct
investigations and obtain intelligence without the assistance
of all Iowa and Nebraska federal, state, and local agencies.
Communication, coordination and cooperation are exceptional
in all areas and the Omaha Division consistently strives to
maintain and improve upon these building blocks to maximize
the effectiveness of our counterterrorism investigations and
preparedness.
Chairman
Horn, this concludes my prepared remarks. I would like to
express appreciation for this subcommittee's concentration
on the issue of terrorism preparedness and I would be happy
to respond to any questions at this time.
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