Combating Terrorism: FBI's Use of Federal Funds for
Counterterrorism-Related Activities (Fiscal Years 1995-1998) (Letter
Report, 11/20/98, GAO/GGD-99-7).
Pursuant to a congressional request, GAO reviewed the Federal Bureau of
Investigation's (FBI) use of federal funds for conducting
counterterrorism-related activities, focusing on the: (1) amount of
funds that the FBI allocated and obligated for fiscal years (FY) 1995
through 1998 (as of July 31, 1998); and (2) methodology the FBI used to
identify its overall counterterrorism funding, including funds for
classified activities.
GAO noted that: (1) the specific amount of funds allocated by the FBI
for counterterrorism is difficult to determine because: (a) the FBI's
appropriation language had not specifically identified a separate or
total amount available to the FBI for counterterrorism and, for most
years, only established a minimum that must be spent on
counterterrorism-related activities, foreign intelligence, and national
security; (b) some of the funds provided to the FBI were allocated to
functions that support multiple FBI missions; and (c) the FBI had not
been specifically required to account separately for total funds used
for counterterrorism-related activities; (2) the FBI has generally
tracked the obligation of funds allocated for counterterrorism based on
statutory direction or congressional guidance; (3) in response to an
Office of Management and Budget data request, the FBI began, FY 1998, to
estimate the amount of overall funds budgeted and used to carry out its
counterterrorism mission; (4) the Department of Justice (DOJ) and the
FBI have taken steps to link the allocation of budget resources to
annual and strategic plans; (5) DOJ and the FBI are beginning to develop
a methodology to implement established federal managerial cost
accounting standards that require federal agencies on a regular basis to
report the full cost of their activities; (6) GAO's review of financial
accounting and budget data provided by the FBI showed that the FBI more
than doubled its allocation of resources for combating terrorism,
increasing from about $256 million in FY 1995 to about $581 million in
FY 1998; (7) from FY 1995 to FY 1998, the FBI had allocated about $1.67
billion of its available funds to carry out its counterterrorism
mission; (8) the FBI expects to allocate about $609 million for its
counterterrorism mission in FY 1999; (9) GAO's review of the FBI's
financial data showed that it had incurred obligations of about $1.52
billion of the approximate $1.67 billion in funds allocated for
counterterrorism mission-related activities, since FY 1995; and (10) the
FBI and DOJ have efforts underway to better identify resources used by
the FBI for counterterrorism-related activities, including efforts to:
(a) track certain counterterrorism funds; (b) calculate the overall
amount of funds associated with counterterrorism activities; (c) link
the allocation of budget resources to annual and strategic plans; and
(d) develop a methodology for reporting full cost of program activities
in compliance with established managerial cost accounting standards.
--------------------------- Indexing Terms -----------------------------
REPORTNUM: GGD-99-7
TITLE: Combating Terrorism: FBI's Use of Federal Funds for
Counterterrorism-Related Activities (Fiscal Years 1995-
1998)
DATE: 11/20/98
SUBJECT: Terrorism
Interagency relations
Federal intelligence agencies
Accounting standards
Agency missions
Crime prevention
Budget administration
Allocation (Government accounting)
National defense operations
IDENTIFIER: Oklahoma City (OK)
New York (NY)
Saudi Arabia
DOJ Attorney General Counterterrorism Fund
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FBI's Use of Federal Funds for CounterterrorismRelated Activities
(FYs 1995- 98)
United States General Accounting Office
GAO Report to the Chairman, Subcommittee on Administrative
Oversight and the
Courts, Committee on the Judiciary, U. S. Senate
GAO/GGD-99-7
November 1998 GAO- GGD- 99- 7
United States General Accounting Office Washington, D. C. 20548
General Government Division
B-276818
Page 1 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
GAO November 20, 1998 The Honorable Charles E. Grassley Chairman,
Subcommittee on Administrative
Oversight and the Courts Committee on the Judiciary United States
Senate
Dear Mr. Chairman: Since fiscal year 1995, in the wake of the
bombings of a federal building in Oklahoma City, the World Trade
Center in New York City, and a U. S. military facility in Saudi
Arabia, Congress has provided increased federal funding to help
federal law enforcement officials fight terrorism. 1 From fiscal
years 1995 to 1998, the Federal Bureau of Investigation's (FBI)
resources to carry out its roles as the lead agency for combating
domestic terrorism and a key support agency for combating
international terrorism have substantially increased. As agreed
with your office, we focused on determining the amount of funds
that the FBI allocated and obligated for fiscal years 1995 through
1998 (as of July 31, 1998), and plans for fiscal year 1999 for
domestic and international counterterrorism activities. We also
determined what methodology the FBI used to identify its overall
counterterrorism funding, including funds for classified
activities. This report, however, does not discuss the specifics
of the FBI's classified counterterrorism activities.
The specific amount of funds allocated 2 and obligations incurred
3 by the FBI for counterterrorism is difficult to determine with
precision because (1) the FBI's appropriation language had not
specifically identified a separate or total amount available to
the FBI for counterterrorism and, for
1 As stated in our report Combating Terrorism: Federal Agencies' Efforts to Implement National Policy and Strategy (
GAO/NSIAD-97-254
, Sept. 26, 1997), federal agencies define terrorism differently and use different terms to describe their programs and activities for combating terrorism. The FBI defines terrorism as an unlawful act or threat of force or violence, committed by a group of two or more individuals against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives. The FBI uses counterterrorism to refer to its full range of activities directed against terrorism, including preventive and crisis management efforts.
1 As stated in our report Combating Terrorism: Federal Agencies'
Efforts to Implement National Policy and Strategy ( GAO/NSIAD-97-
254 , Sept. 26, 1997), federal agencies define terrorism
differently and use different terms to describe their programs and
activities for combating terrorism. The FBI defines terrorism as
an unlawful act or threat of force or violence, committed by a
group of two or more individuals against persons or property to
intimidate or coerce a government, the civilian population, or any
segment thereof, in furtherance of political or social objectives.
The FBI uses counterterrorism to refer to its full range of
activities directed against terrorism, including preventive and
crisis management efforts.
2 As used in this report, funds allocated for fiscal years 1995
through 1998 refer to the amount of funds determined by FBI
officials to have been associated with various counterterrorism
programs and resources distributed among the FBI components.
3 Obligations incurred refer to the amounts of orders placed,
contracts awarded, services received, and similar transactions
during a given period that will require payments during the same
or a future period. Results in Brief
B-276818 Page 2 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
most years, only established a minimum that must be spent on
counterterrorism- related activities, foreign intelligence, and
national security; (2) some of the funds provided to the FBI were
allocated to functions, such as training and forensic services,
that support multiple FBI missions, including counterterrorism;
and (3) the FBI had not been specifically required to identify or
account separately for total funds used for counterterrorism-
related activities. However, the FBI has generally tracked the
obligation of funds allocated for counterterrorism based on
statutory direction or congressional guidance.
Moreover, in response to an Office of Management and Budget (OMB)
data request, which was implementing a statutory requirement, 4
the FBI began, in fiscal year 1998, to estimate the amount of
overall funds budgeted and used to carry out its counterterrorism
mission. Also, the Department of Justice (DOJ) and the FBI took
steps to link the allocation of budget resources to annual and
strategic plans, including linkages to specific counterterrorism-
related performance measures established for fiscal years 1998 and
1999. In addition, DOJ and the FBI are planning to develop a
methodology to implement established federal managerial cost
accounting standards that, among other things, require federal
agencies on a regular basis to report the full cost of their
activities.
Although the specific amount of funds allocated and obligated to
counterterrorism activities is difficult to determine with
precision, our review of financial accounting and budget data
provided by the FBI, including data derived by using a process
similar to the one used to report budget data to OMB, as well as
related data obtained from DOJ, OMB, and congressional source
documents, permitted an estimate to be made. That estimate showed
that from fiscal years 1995 to 1998, the FBI more than doubled its
allocation of resources for combating terrorism, increasing from
about $256 million in fiscal year 1995 to about $581 million in
fiscal year 1998. In total, from fiscal years 1995 to 1998 (as of
July 31, 1998), the FBI had allocated an estimated $1.66 billion
of its available funds 5 to carry
4 Section 1051 of the National Defense Authorization Act for
Fiscal Year 1998, P. L. 105- 85, 111 Stat. 1629, 1889, required
OMB to establish a reporting system for executive agencies on the
budgeting and expenditure of funds to combat terrorism. The act
also required OMB to collect annual governmentwide budget and
expenditure data on counterterrorism. For more information on this
issue, see our report Combating Terrorism: Spending on
Governmentwide Programs Requires Better Management and
Coordination (GAO/NSIAD-98-39, Dec. 1, 1997).
5 During this period, the FBI received about $11 billion in direct
appropriations and other funding to carry out its investigative
mission and activities. This figure includes funding
reimbursements made available from the Attorney General's
Counterterrorism Fund, which is explained later. For fiscal year
1999, the FBI received an appropriation of about $3 billion to
carry out its investigative mission and activities. The Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999,
P. L. 105- 277 (October 21, 1998).
B-276818 Page 3 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
out its counterterrorism mission. The FBI expects to allocate
about $609 million for its counterterrorism mission in fiscal year
1999, which includes no- year funds carried forward from prior
fiscal years.
As of July 31, 1998, our review of the FBI's financial data showed
that it had incurred obligations of about $1.52 billion of the
approximate $1.66 billion in funds allocated for counterterrorism
mission- related activities, since fiscal year 1995. Over one-
half of the funds were obligated for counterterrorism- related law
enforcement and investigative activities. The remaining funds were
used in support of other counterterrorism activities, including
efforts to prepare for and respond to terrorist acts and to
protect the national infrastructure.
The FBI and DOJ have efforts under way to better identify
resources used by the FBI for counterterrorism- related
activities. These include efforts to (1) specifically track
certain counterterrorism funds; (2) calculate the overall amount
of funds associated with counterterrorism- related activities,
including shared costs; and (3) link the allocation of budget
resources to annual and strategic plans, including specific
counterterrorism- related performance measures. In addition, the
FBI and DOJ are planning to develop a methodology for reporting
full cost of program activities in compliance with established
managerial cost accounting standards.
The government's policy on combating terrorism has four major
purposes. These are to
reduce the vulnerabilities of the United States to terrorism;
prevent and deter terrorist acts before they occur;
respond to terrorist acts that do occur, including apprehension
and punishment of terrorists and management of the consequence of
terrorist acts; 6 and
develop effective capabilities to address the threat posed by
nuclear, chemical, or biological materials or weapons.
In June 1995, Presidential Decision Directive (PDD) 39 designated
DOJ, working through the FBI, as the lead agency responsible for
responding to
6 The federal government has responsibility for supporting state
and local governments in managing the consequences of domestic
incidents and similarly assisting foreign governments in
international incidents. Background
B-276818 Page 4 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
domestic terrorist incidents. 7 In 1996, Congress passed the Anti-
Terrorism and Effective Death Penalty Act (P. L. 104- 132), which,
among other things, authorized additional funding for the FBI to
conduct counterterrorism activities. In May 1998, PDD 62 and 63
expanded upon the policy enunciated in PDD 39, including the FBI's
role and responsibilities. PDD 62, among other things, articulated
national policy to enhance the nation's capability to prevent and
more effectively respond to terrorist events involving weapons of
mass destruction, whereas PDD 63 focuses on policy aimed at
enhancing the nation's capability to protect the continuity and
viability of critical infrastructures. 8 Together, the two new
Presidential Directives divided combating terrorism into 10 areas:
apprehension and prosecution, disruptions abroad, international
cooperation, preventing weapons acquisition, crisis management,
transportation security, critical infrastructure, government
continuity, countering foreign threats domestically, and
protection of Americans abroad.
As a principal investigative agency of the federal government for
terrorism matters, the FBI is to detect and investigate acts of
terrorism against U. S. persons and property, both in the United
States and abroad. The FBI's investigative authority is broad. Its
counterterrorism investigations have included bombings or
attempted bombings, hostage- takings, homicides or attempted
homicides of U. S. citizens overseas, sabotage, and extortion by
threatening to use weapons of mass destruction. These
investigations may begin as terrorism- related investigations, but
may or may not end up being categorized as counterterrorism cases
or incidents.
FBI counterterrorism programs and activities may also include,
among other things, preventive and crisis management efforts;
training and preparedness exercises; forensic and other support
functions, such as hazardous material response, research and
development projects; and leadership of joint terrorism task
forces and participation in interagency working groups. Appendix
II provides an overview of the FBI's unclassified counterterrorism
activities and programs.
FBI funding is provided annually in the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations
7 The State Department has lead responsibility for combating
international terrorism against Americans or U. S. interests
overseas. Depending on the nature of the threat or incident,
numerous other agencies, including the FBI, may be called upon to
provide support as needed.
8 PDD 63 defines critical infrastructures as those physical and
cyber- based systems that are so vital that their incapacity or
destruction would have a traumatic or debilitating impact on the
United States. These systems generally include electrical power,
gas and oil, telecommunications, banking and finance,
transportation, vital government operations, emergency services,
and water supply systems.
B-276818 Page 5 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Acts. The appropriation generally includes some specific
requirements and directions on the use of funds and, in some
instances, specific funding for a particular purpose. Most of the
FBI's funds are available for 1 year in its salaries and expenses
account and are not earmarked 9 for specific investigative
programs or purposes. During the years we examined, the FBI also
received some no- year funds, i. e., funds available until
expended. Since fiscal year 1995, committee reports accompanying
appropriation bills and the conference report have generally
contained guidance on the use of funds for specific
counterterrorism initiatives. Although this guidance, unlike
requirements contained in law, is not legally binding, the FBI
indicated that it follows such guidance in allocating its
resources during the fiscal year. In addition, the FBI has the
authority to reprogram funds (i. e., move funds between activities
within a given account) without notifying the relevant
appropriations committees unless a specific purpose is prohibited
or the amount of the reprogramming exceeds a dollar threshold ($
500,000 or a 10- percent change in funding level, whichever is
less). Any other reprogramming action requires notification to the
relevant appropriations committee. 10 In addition, funds may be
available to support the FBI's counterterrorism programs and
activities from other congressionally appropriated funding sources
provided directly to DOJ, such as reimbursement the FBI may
receive from the Attorney General's Counterterrorism Fund. This is
a special fund established by Congress in 1995, in response to the
Oklahoma City bombing incident, to be used by the Attorney General
to fund extraordinary counterterrorism- related expenses.
To achieve our objectives, we interviewed FBI, DOJ, OMB, and other
agency officials in Washington, D. C., and Chicago, IL, to collect
and review data on funds appropriated during fiscal years 1995
through 1998 to the FBI, the FBI's allocation and use of those
funds for counterterrorismrelated activities, and the FBI's fiscal
year 1999 allocation plans. We did some limited verification of
fiscal year 1995 through 1998 allocation and obligation data
provided by FBI officials by reviewing supporting financial
documentation and comparing financial accounting and budget
9 Earmarked refers to dedicating an appropriation for a particular
purpose. Legislative language may designate any portion of a lump-
sum amount for particular purposes (GAO/ AFMD- 2. 1.1. Budget
Glossary, January 1993).
10 The Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Acts have annually required
the FBI and other agencies that receive funding under these acts
to notify the Appropriations Committees of both Houses of Congress
15 days in advance of such reprogrammings. DOJ requires that its
components, including the FBI, wait to implement reprogrammings
until a response from Congress is received before expending any of
the additional funds being sought. These reprogrammings are
usually documented in correspondence between the appropriations
committees and DOJ. Scope and
Methodology
B-276818 Page 6 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
information obtained from the FBI with related data obtained from
DOJ and OMB officials. We also consulted with FBI, DOJ's Justice
Management Division (JMD), and OMB officials on procedures in
place to track funds specifically designated in accordance with
statutory direction or congressional guidance for counterterrorism
programs and activities, and the process used by the FBI and
others to calculate the amount and use of overall counterterrorism
funds. We performed our work from October 1997 to August 1998 in
accordance with generally accepted government auditing standards.
A detailed description of our objectives, scope, and methodology
is contained in appendix I. We requested comments on a draft of
this report from the Attorney General. Responsible FBI and DOJ
officials provided comments, which are discussed at the end of
this letter.
The amount of total funds allocated by the FBI for
counterterrorism activities has more than doubled since fiscal
year 1995, but, in any fiscal year, the specific amount is not
easily identifiable because (1) the FBI's appropriation language
does not specifically identify a separate or total amount
available to the FBI for counterterrorism, and for most of the
years we reviewed, the appropriations act only established a
minimum that must be spent on counterterrorism- related
activities, foreign intelligence, and national security; (2) some
of the funds provided to the FBI are allocated to functions, such
as training and forensic services, that support multiple FBI
missions, including counterterrorism; and (3) the FBI had not been
specifically required to identify or account separately for total
funds used for counterterrorism- related activities. However, the
FBI generally tracks the obligation of funds allocated for
counterterrorism based on statutory direction or congressional
guidance. In addition, the FBI's counterterrorism program is
generally supported by nearly every division within the FBI, which
are not all required to track allocation of their division
resources for counterterrorism- related activities.
Beginning in fiscal year 1998, the FBI, in conjunction with DOJ's
JMD, OMB, and other federal agencies with a role in the U. S.
effort to combat terrorism, took steps in response to a statutory
mandate to calculate and categorize the amount of funds budgeted
and used to combat terrorism. Appendix III provides a more
detailed description of the OMB guidance for categorizing and
reporting financial data on agency efforts to combat terrorism.
Also, in connection with the requirements of the Government
Performance and Results Act of 1993 (GPRA), DOJ and the FBI also
took steps to link the allocation of budget resources to annual
and strategic plans, including linkages to specific
counterterrorism- related performance measures Resources Allocated
by the FBI for Counterterrorism Activities Have Increased
B-276818 Page 7 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
established for fiscal years 1998 and 1999. 11 In addition, DOJ
and the FBI are planning to develop a methodology to implement
established managerial cost accounting standards that, among other
things, require federal agencies on a regular basis to report the
full cost of its activities. In this regard, Statement of Federal
Financial Accounting Standards (SFFAS) No. 4, Managerial Cost
Accounting Concepts and Standards for the Federal Government,
defines full cost as the sum of (1) the costs of resources
consumed by the segment that directly or indirectly contribute to
the output and (2) the costs of identifiable supporting services
provided by other responsibility segments within the reporting
entity, and by other reporting entities. 12 According to SFFAS No.
4, reliable information on the cost of federal programs and
activities is crucial for effective management of government
operations, and measuring costs is an integral part of measuring
performance against program objectives in terms of efficiency and
cost- effectiveness.
In response to our request, the FBI generally applied a process
similar to that used to respond to OMB's data request to
retrospectively determine the amount of resources it allocated
during fiscal years 1995 through 1998 (as of July 31, 1998) to
carry out its counterterrorism mission. The FBI included funds
that were allocated for counterterrorism based on statutory
direction, congressional guidance, mission needs, and
reimbursements obtained from the Attorney General's
Counterterrorism Fund. In addition, the FBI calculated the pro
rata amount of shared costs attributable to counterterrorism.
The FBI generally used a two- step process to determine the amount
of resources it allocated to counterterrorism- related activities.
First, it calculated the cost of personnel, equipment, travel, and
other FBI services that were specifically dedicated to
counterterrorism during each fiscal year. Second, it determined
the percentage of time its field agents spent on counterterrorism
matters during each fiscal year 13 and applied these
11 The Government Performance and Results Act of 1993, commonly
referred to as GPRA or the Results Act (P. L. 103- 62), requires
federal agencies to prepare annual performance plans covering the
program activities set out in the agencies' budgets, beginning
with fiscal year 1999.
12 The Federal Accounting Standards Advisory Board recommends
accounting standards after considering the financial and budgetary
information needs of Congress, executive agencies, other users of
federal financial information, and comments from the public.
Treasury, OMB, and GAO then decide whether to adopt the
recommended standards; if they do, the standards are published by
OMB and GAO and become effective. SFFAS No. 4 was issued on July
31, 1995, and was initially to be effective for fiscal year 1997,
but was delayed until fiscal year 1998.
13 The FBI determined that 9 percent of its field agents' time was
spent on counterterrorism- related cases in fiscal year 1995, 12
percent in fiscal years 1996 and 1997, and projected 14 percent
for fiscal year 1998.
B-276818 Page 8 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
percentages to the cost of personnel, equipment, travel, training,
and other FBI services, such as forensic analysis, that were not
specifically dedicated to counterterrorism. Appendix III also
provides a more detailed description of the process used by the
FBI to report financial data on counterterrorism activities to
OMB.
Our review of financial accounting and budget data obtained from
the FBI, including information derived by using the above process,
and similar data obtained from DOJ's JMD, OMB, and congressional
source documents shows that, from fiscal years 1995 to 1998, an
estimated $1. 66 billion in funds were allocated by the FBI to
carry out its counterterrorism mission. During this period, as
figure 1 shows, funds allocated by the FBI to combat terrorism
more than doubled from about $256 million in fiscal year 1995 to
about $581 million in fiscal year 1998 (as of July 31, 1998). The
FBI said that it expects to allocate about $609 million for its
counterterrorism mission in fiscal year 1999.
a Includes reprogrammings totaling about $20 million in no- year
fiscal year 1995 funds. b As of 7/ 31/ 98. c Represents the FBI's
Proposed Allocation Plans for fiscal year 1999.
Source: Constructed by GAO based on FBI data.
Figure 1: Growth of Funds Allocated by the FBI for
Counterterrorism Programs/ Activities, Fiscal Years 1995- 1999
B-276818 Page 9 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
These funds have generally come from the following sources. 1.
Funds specifically designated by statute for FBI counterterrorism
initiatives. About $77.1 million in such funds were provided to
the FBI during fiscal year 1995 in an emergency supplemental
appropriation. In addition, for fiscal years 1996 through 1998,
Congress established a minimum amount the FBI must allocate for
counterterrorism investigations, foreign counterintelligence, and
other activities related to national security.
2. Funds allocated by the FBI to carry out specific
counterterrorism initiatives based on congressional guidance.
Congressional guidance has generally been provided to the FBI in
conference or committee reports or in committee correspondence,
such as that relating to the reprogramming of funds, from
appropriations subcommittees. About $346.7 million in such funds
have been allocated by the FBI based on congressional guidance.
3. Other appropriated funds that were allocated by the FBI based
on a cost allocation system used to retrospectively estimate the
shared cost of investigative and other multiple support functions
that could be and were used in support of counterterrorism-
related activities during a given fiscal year. Using data obtained
from the FBI, which were based on a similar methodology used by
the FBI to estimate overall counterterrorism funds for OMB, we
estimated that about $1.2 billion in such funds had been allocated
for counterterrorism- related activities for fiscal years 1995
through 1998, as of July 31, 1998.
4. Funding reimbursements for counterterrorism expenses from the
Attorney General's Counterterrorism Fund. This fund was
established by Title III of the Emergency Supplemental
Appropriations for Additional Disaster Assistance, for Anti-
Terrorism Initiatives, for Assistance in the Recovery from the
Tragedy that Occurred at Oklahoma City, and Rescissions Act, 1995,
P. L. 104- 19. Additional funds have been provided in subsequent
appropriations acts for fiscal years 1996, 1997, and 1998. As of
July 31, 1998, the FBI had been approved to receive reimbursements
totaling about $55.5 million from the Attorney General's
Counterterrorism Fund. 14
14 About $12.3 million of the $55. 5 million was not for the FBI's
use but was to be passed through the FBI to other federal state,
and local agencies to reimburse them for expenses incurred in
assisting the FBI in investigating or responding to specific
terrorist incidents or carrying out specific counterterrorism
activities.
B-276818 Page 10 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
As shown in figure 2, about one- fourth of the funds allocated by
the FBI for counterterrorism- related activities and initiatives
were based on statutory direction or congressional guidance. FBI
officials reported that they had not received nor transferred any
additional funds from other federal agencies for counterterrorism-
related investigations or activities.
Source: Constructed by GAO based on FBI, DOJ, OMB, and
congressional documents.
Figure 2: Sources of Funds Allocated by the FBI for
Counterterrorism- Related Activities and Initiatives, Fiscal Years
1995- 1998 (as of July 31, 1998)
B-276818 Page 11 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
For fiscal years 1995 through 1998 (as of July 31, 1998), Congress
had provided the FBI with about $77.1 million in direct
appropriations for specific counterterrorism initiatives and has
provided guidance on the use of about an additional $346.7 million
in funds for specific counterterrorism initiatives. In addition,
for fiscal years 1996 through 1998, Congress set a minimum amount
that the FBI must allocate for counterterrorism investigations,
foreign counterintelligence, and other activities related to
national security.
Congress provided statutory direction through the appropriations
acts and provided guidance through conference or committee reports
accompanying the acts. In addition, there was follow- up
correspondence or discussions between the appropriations
committees, DOJ, and the FBI, either clarifying the conference
report language or providing congressional responses to
reprogramming notifications. In identifying funds used for
counterterrorism, we include both statutory directives and
congressional guidance to provide a full picture of congressional
action relating to FBI counterterrorism funding. The following
summarizes such action for fiscal years 1995 to 1998.
In fiscal year 1995, through Title III of the Emergency
Supplemental Appropriations Act, P. L. 104- 19, Congress provided
about $77.1 million in funds for the FBI to use to pay for
additional expenses resulting from the bombing of a federal
building in Oklahoma City and other counterterrorism efforts,
including the establishment of a Domestic Counterterrorism Center.
15 The FBI's allocation of these funds for the counterterrorism
initiatives was based on this statutory direction and subsequent
reprogramming agreements.
In fiscal year 1996, through the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1996, P. L. 104- 134, Congress directed the
FBI to spend no less than $102,345,000 on counterterrorism
investigations, foreign counterintelligence, and other activities
related to national security. The FBI allocated about $158.8
million of its available resources for counterterrorism- related
activities in fiscal year 1996 based on their interpretation of
guidance contained in conference report H. R. Conf. Rep. 104- 378
(1995) and in House report, H. R. 104- 196 (1995). The conferees
specified program increases for various programs and that about
$57 million be used for the construction of a new
15 The FBI's Counterterrorism Center serves as a national
clearinghouse for critical information about terrorism and
terrorist groups that can be coordinated and shared among the law
enforcement and intelligence communities. Funds Allocated by the
FBI
for Counterterrorism Based on Statutory Direction and
Congressional Guidance
B-276818 Page 12 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
FBI laboratory facility. These items were previously identified in
the House report as counterterrorism initiatives.
In fiscal year 1997, through the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1997, P. L. 104- 208, Congress directed the
FBI to spend no less than $147,081,000 on counterterrorism
investigations, foreign counterintelligence, and other activities
related to national security. In addition, congressional guidance
relating to counterterrorism initiatives was provided in the
conference report, H. R. Conf. Rep. 104- 863 (1996), accompanying
the 1997 Appropriations Act and subsequent reprogramming
agreements between the FBI and the Appropriations Committees. It
was agreed that the FBI should use about $133.9 million on certain
counterterrorism initiatives. This amount included about $83
million to increase the number of agent and support staff
positions by over 1,000.
In fiscal year 1998, through the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1998, P. L. 105- 119, Congress directed the
FBI to spend no less than $221,050,000 on counterterrorism
investigations, foreign counterintelligence, and other activities
related to national security. In addition, congressional guidance
for the use of these funds was provided in the conference report,
H. R. Conf. Rep. 105- 405 (1997), accompanying the Fiscal Year
1998 Appropriations Act. The conferees indicated that the FBI
should spend about $143. 5 million for certain counterterrorism
initiatives, including obtaining and enhancing hazardous materials
equipment for handling weapons of mass destruction. The FBI
reported that about $77.6 million of these funds were associated
with the cost of annualizing new personnel positions from fiscal
year 1997 and that about $11.8 million was associated with
personnel positions to augment the National Infrastructure
Protection Center (NIPC) 16 and staff field unit computer crime
squads, which the FBI had identified as a Technology Crimes
initiative to support counterintelligence and other Criminal
Investigative Division activities in its fiscal year 1998 budget
submission. The remaining $54 million was allocated by the FBI
based on congressional guidance.
16 The NIPC, which was created in February 1998, incorporated and
expanded the mission and personnel of the FBI's Computer
Investigations and Infrastructure Threat Assessment Center in June
1998. Led by the FBI, NIPC is composed of detailees from
Department of Defense (DOD), the Central Intelligence Agency,
Department of Energy, National Security Agency, and local law
enforcement organizations. NIPC also collects data from a variety
of sources, including the United States Secret Service. NIPC's
principal mission is to detect, deter, warn of, respond to, and
investigate unlawful acts involving computer intrusions and
unlawful acts that threaten or target our critical national
infrastructure.
B-276818 Page 13 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
According to FBI officials, funds that are statutorily directed or
for which there is congressional guidance for specific
counterterrorism initiatives are generally tracked within the FBI
under separate accounting codes. Appendix IV provides details on
funds allocated based on statutory direction or congressional
guidance.
The amount of other funds (i. e., funds not allocated based on
statutory direction or congressional guidance) that were allocated
by the FBI for counterterrorism activities in any given fiscal
year is generally unknown and not easily identifiable because (1)
nearly every division within the FBI from forensic services to
training has had a role in supporting the FBI's counterterrorism
program, according to FBI officials, and not all of the FBI's
divisions are required to track allocation of resources or funds
for counterterrorism- related activities and (2) some of the funds
provided to the FBI are allocated to functions, such as training
and forensic services, that support multiple FBI missions,
including counterterrorism.
Unlike certain funds allocated for counterterrorism on the basis
of statutory direction or congressional guidance or funds
reimbursed from the Attorney General's Counterterrorism Fund,
which the FBI is able to more easily identify and track, the FBI,
prior to fiscal year 1998, had not been required to specifically
identify or track total funds allocated for counterterrorism. For
example, each year the FBI receives a certain amount of funds to
maintain its fleet of automobiles and other vehicles needed to
carry out its investigative activities. While some of these
vehicles may be used for counterterrorism investigations, the FBI
had not been required to track or account for the costs associated
with specific types of investigations.
The FBI applied the process it used to report to OMB during fiscal
year 1998 on the overall amount of counterterrorism- related funds
to retrospectively estimate for us the total amount of funds that
were allocated for counterterrorism- related activities during
fiscal years 1995 through 1998. Based on our review of FBI data,
we estimate that from fiscal years 1995 to 1998 (as of July 31,
1998), about $1.2 billion in other funds had been allocated to
support the FBI's counterterrorism mission. We derived this figure
by subtracting the amount of statutorily directed funds
appropriated, the amount of funds the FBI reported that it
allocated based on congressional guidance, and the amount of funds
the FBI received from the Attorney General's Counterterrorism Fund
during fiscal years 1995 through 1998, from the approximately
$1.66 billion that the FBI estimated it allocated (as of July 31,
1998). Other Funds Allocated by
the FBI to Carry Out its Counterterrorism Mission
B-276818 Page 14 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
As previously mentioned, in 1995, Congress established a special
counterterrorism fund to be used by the Attorney General to
reimburse DOJ components, including the FBI, for extraordinary
expenses related to countering, investigating, or prosecuting
domestic or international terrorism. 17 Such expenses include
police overtime pay; travel and per diem; and goods and services
procured, such as supplies, equipment, rent, and leases. Regular
pay and benefits for personnel who would normally be on duty are
not considered extraordinary expenses. The Attorney General's
Counterterrorism Fund is managed by DOJ's JMD budget staff, who
reviews all requests for reimbursements and makes recommendations
to the Attorney General for approval. As of July 31, 1998, the FBI
had been approved by the Attorney General to receive a total of
$55.5 million in reimbursements from this fund. About $12.3
million of the $55.5 million was not for the FBI's use but was to
be passed through the FBI to other federal, state, and local
agencies to reimburse them for expenses incurred in assisting the
FBI in investigating and responding to specific terrorist
incidents or carrying out specific counterterrorism activities.
Appendix V provides information on the amount approved for the FBI
to be reimbursed from the fund; it also describes the
extraordinary expenses and counterterrorism- related events for
which these funds were used.
For the same reasons previously noted for the amount of funds
allocated, the amount of funds obligated by the FBI from fiscal
years 1995 to 1998 (as of July, 31, 1998) to carry out its
counterterrorism mission is difficult to determine with precision.
Nevertheless, our review of financial data provided by FBI
officials, who generally applied the same process used to respond
to OMB's data request, shows that as of July 31, 1998, the FBI had
incurred obligations of about $1.52 billion of the approximate
$1.66 billion allocated for counterterrorism from fiscal years
1995 to 1998. Much of the remaining about $140 million was
associated with no- year funding projects or pending fourth
quarter fiscal year 1998 obligations at the time of our field
work. As table 1 shows, of the five categories of activities to
combat terrorism, as defined in OMB guidelines to executive branch
agencies for reporting on counterterrorism spending (see app.
III), about 56 percent of the FBI's funds were used for
counterterrorism- related law enforcement and investigative
activities.
17 The statutory language establishing the Counterterrorism Fund
does not provide for the direct reimbursement to state and/ or
local law enforcement organizations. Instead, a reimbursement
would occur via an intergovernmental agreement once a Justice
organization attests to the Department that it is relying on the
assistance provided by that state and/ or local entity to counter,
investigate, or prosecute those responsible for an act of
terrorism. Attorney General's
Counterterrorism Fund FBI's Obligation of Resources Allocated for
Counterterrorism Activities
B-276818 Page 15 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Dollars in thousands
Type of counterterrorism activity
Estimated amounts obligated fiscal years
1995- 98 Percent of
counterterrorism- related funds obligated
Law enforcement & investigative activities $ 858,798 56 Preparing
for & responding to terrorist acts 563,962 37 Physical security of
government facilities & employees 56,824 4 Physical protection of
national populace and national infrastructure 30,421 2 Research &
development 10,840 1
Total $1,520,845 100
Source: Constructed by GAO based on FBI data.
Appendix VI provides an overview by fiscal year of the FBI's
obligation of funds for counterterrorism- related programs or
activities. Additional details on the FBI's obligation of funds
allocated for counterterrorism based on statutory direction or
congressional guidance and funds obtained from the Attorney
General's Counterterrorism Fund are provided below.
The FBI has generally tracked the obligation of funds allocated
based on statutory direction or congressional guidance from fiscal
years 1995 to 1998. These funds totaled about $423.8 million
between fiscal years 1995 and 1998. The FBI generally tracked such
obligations incurred as personnel or nonpersonnel items. As table
2 shows, FBI officials reported that as of July 31, 1998, the FBI
had obligated about $353.2 million of the $423.8 million allocated
based on statutory direction or congressional guidance. According
to the FBI, the remaining $70. 6 million was not yet obligated
generally because (1) some of the funds allocated based on
congressional guidance in fiscal year 1996 were associated with
the ongoing construction of the new FBI laboratory facility and
(2) some of the FBI's fiscal year 1998 funds were associated with
pending obligations for aviation equipment as of July 31, 1998.
Table 1: Information on the FBI's Obligation of Funds for
Counterterrorism- Related Activities, Fiscal Years 1995- 1998 (as
of July 31, 1998)
FBI's Obligation of Funds Allocated for Counterterrorism Based on
Statutory Direction and Congressional Guidance
B-276818 Page 16 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Dollars in thousands
Fiscal year New funds allocated
for specific counterterrorism
initiatives a Obligations incurred Amount unobligated
1995 $ 77,140 $ 74,649 $ 2,491 1996 158,759 118,189 40,570 1997
133,886 132,906 980 1998 54,020 27,434 26,586
Total $423,805 $353,178 $70,627
a Figures refer to no- year funds made available to the FBI until
expended. Source: Constructed by GAO based on data provided by
FBI, DOJ, OMB, and congressional source documents.
While some of the FBI's assets and resources have been allocated
for counterterrorism- related activities based on statutory
direction or congressional guidance, their use may not be limited
to such activities depending on what crises the FBI faces or its
investigative needs at any given time. For example, although the
FBI's new forensic laboratory facility was identified as a
counterterrorism initiative, when completed, it would be used to
support other FBI investigative efforts or respond to various
crises, including counterterrorism, according to FBI officials.
Similarly, although the FBI obligated over $83 million provided by
Congress in fiscal year 1997 to hire over 1,000 additional
counterterrorism agents and support personnel, some of these
resources were and may be used for activities not related to
counterterrorism, according to FBI officials. It would be
difficult, however, to determine the exact portion of these assets
and resources used for counterterrorism versus other investigative
efforts, given that the FBI's accounting system is not currently
structured to specifically track counterterrorism- related use of
resources.
Appendix IV also provides a detailed listing by fiscal year of the
FBI's obligation of funds allocated for counterterrorism based on
statutory direction and congressional guidance, as of July 31,
1998.
The FBI is reimbursed from the Counterterrorism Fund for its
expenditures, not obligations. From fiscal years 1995 to 1998, as
of July 31, 1998, the FBI had received about $38.2 million of the
$55.5 million in reimbursements approved from the Attorney
General's Counterterrorism Fund. About $11.5 million of the $38.2
million in funds received was passed through the FBI to other
federal, state, and local agencies to reimburse them for
assistance they had provided to the FBI. However, DOJ's Office of
the Inspector General (OIG), which at the time of our review was
conducting a detailed audit of the FBI's use of the Attorney
General's
Table 2: Status of the FBI's Obligation of Funds Allocated Based
on Statutory Direction or Congressional Guidance for
Counterterrorism- Related Programs and Activities, Fiscal Years
1995- 1998 (as of July 31, 1998)
FBI's Use of the Attorney General's Counterterrorism Fund
B-276818 Page 17 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Counterterrorism Fund, raised some concerns with the FBI's use of
some of these funds, including funds that were approved by JMD to
be passed through the FBI to other federal agencies and state and
local governments. 18
Appendix V also provides detailed information on the FBI's use of
the Attorney General's Counterterrorism Fund, as of July 31, 1998,
and on the activities for which the funds were used.
From fiscal years 1995 to 1998, available data show that the
amount of funds allocated and obligated by the FBI for
counterterrorism- related activities and initiatives more than
doubled. During this period, Congress has directed or provided
guidance to the FBI on the use of about a quarter of these funds,
and the FBI has generally followed this direction and guidance in
obligating these funds. Because of various factors previously
discussed, including the lack of available information on the
FBI's use of funds not allocated based on statutory direction or
congressional guidance, neither we nor the FBI could readily
determine with precision the amount of overall funds allocated and
obligated by the FBI to carry out its counterterrorism mission.
However, the FBI and DOJ have undertaken efforts to (1)
specifically track funds allocated for counterterrorism on the
basis of statutory direction and congressional guidance and the
FBI's use of funds from the Attorney General's Counterterrorism
Fund; (2) calculate, in response to OMB's annual data request, the
overall amount of funds associated with counterterrorism- related
activities, including shared costs; and (3) link the allocation of
budget resources to annual and strategic plans, including specific
counterterrorism- related performance measures. In addition, the
FBI and DOJ are planning to develop a methodology for reporting
full cost of program activities in compliance with established
managerial cost accounting standards. We believe these efforts on
the part of the FBI and DOJ are important steps toward more
precisely identifying resources used by the FBI for
counterterrorism- related activities, particularly given the
recent continuing growth in funding for counterterrorism and the
growing public and congressional interest in this area.
We requested comments on a draft of this report from the Attorney
General. On October 28, 1998, a representative of DOJ's Office of
the Assistant Attorney General for Administration informed us by
fax and telephone that the report had been reviewed by FBI
officials, DOJ's Justice Management Division, and the Office of
the Inspector General. She stated
18 DOJ's OIG anticipates releasing a final report on their
findings during fiscal year 1999. Conclusions
Agency Comments
B-276818 Page 18 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
that as a result of the review, DOJ had only minor technical
comments and generally concurred with the report's findings and
conclusion. We have incorporated the technical changes throughout
the report as appropriate.
As agreed with your office, unless you publicly announce its
contents earlier, we plan no further distribution of this report
until 10 days from the date of this letter. At that time, we will
send copies of this report to the Ranking Minority Member of the
Subcommittee; the Chairmen and Ranking Minority Members of the
congressional committees with jurisdiction over the FBI and
counterterrorism activities; the Attorney General; the FBI
Director; the Director of OMB; and other interested parties. Also,
copies will be made available to others upon request.
The major contributors to this report are listed in appendix VII.
If you have any questions about this report, please call me on
(202) 512- 8777.
Sincerely yours, Norman J. Rabkin Director, Administration
of Justice Issues
Page 19 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Page 20 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Contents 1 Letter 24 Appendix I Objectives, Scope, and Methodology
26 Preventive and Crisis Management Efforts 26 Training and
Preparedness Exercises 32 Forensic and Other Support Functions 33
Research and Development Projects 34 Leadership of Joint Terrorism
Task Forces and
Participation in Interagency Working Groups 34 Appendix II
FBI's Unclassified Counterterrorism Programs and Activities
36 OMB Guidelines for Executive Branch Agencies to
Report on Spending to Combat Terrorism 36
Process Used by the FBI to Report on Funds Allocated and Used for
Counterterrorism
38 Appendix III
OMB Guidelines and the FBI's Process for Calculating Funds
Budgeted and Used for Counterterrorism
39 Appendix IV FBI's Obligation of Funds Allocated for
Counterterrorism Based on Statutory Direction or Congressional
Guidance
Contents Page 21 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Appendix V Schedule of the FBI's Use of Federal Funds From the
Attorney General's Counterterrorism Fund (FY 1995- FY 1998)
43 45 Appendix VI Summary of Funds Obligated by the FBI to Carry
Out Its Counterterrorism Mission, FY 1995- FY 1998 (as of July 31,
1998)
46 Appendix VII Major Contributors to This Report
Table 1: Information on the FBI's Obligation of Funds for
Counterterrorism- Related Activities, Fiscal Years 1995- 1998 (as
of July 31, 1998)
15 Table 2: Status of the FBI's Obligation of Funds
Allocated Based on Statutory Direction or Congressional Guidance
for Counterterrorism- Related Programs and Activities, Fiscal
Years 1995- 1998 (as of July 31, 1998)
16 Table III. 1: FBI's Reporting Process 38 Table IV. 1: Fiscal
Year 1995 FBI Obligations 39 Table IV. 2: Fiscal Year 1996 FBI
Obligations 39 Tables
Table IV. 3: Fiscal Year 1997 FBI Obligations 40
Contents Page 22 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Table IV. 4: Fiscal Year 1998 FBI Obligations 42 Figure 1: Growth
of Funds Allocated by the FBI for
Counterterrorism Programs/ Activities, Fiscal Years 1995- 1999
8 Figure 2: Sources of Funds Allocated by the FBI for
Counterterrorism- Related Activities and Initiatives, Fiscal Years
1995- 1998 (as of July 31, 1998)
10 Figure II. 1: FBI Crisis Management Organization
Structure/ Terrorism 28
Figure II. 2: FBI's Joint Operations Center Organization Structure
30 Figures
Abbreviations
ANSIR Awareness of National Security Issues and Response Program
CIRG Critical Incident Response Group DEST Domestic Emergency
Support Team DOD Department of Defense DOE Department of Energy
DOJ Department of Justice EPA Environmental Protection Agency FBI
Federal Bureau of Investigation FEMA Federal Emergency Management
Agency GPRA Government Performance and Results Act of 1993 HHS
Department of Health and Human Services JMD Justice Management
Division NIPC National Infrastructure Protection Center NLETS
National Law Enforcement Telecommunications System OIG Office of
the Inspector General OMB Office of Management and Budget PDD
Presidential Decision Directive R& D research and development
SFFAS Statement of Federal Financial Accounting Standard TURK Time
Utilization Record Keeping System
Page 23 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Appendix I Objectives, Scope, and Methodology
Page 24 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
In response to the request of the Chairman of the Subcommittee on
Administrative Oversight and the Courts, Senate Committee on the
Judiciary, that we review the FBI's use of its increased
counterterrorism funds, our objectives were to determine the
amount of funds that the FBI allocated and obligated for fiscal
years 1995 through 1998 (as of July 31, 1998), and requested for
fiscal year 1999 to combat domestic and international terrorism.
We also determined what methodology the FBI used to identify its
overall counterterrorism funds.
To address these objectives, the scope of our work focused on
collecting and analyzing information on the overall amount of
funds allocated and obligations incurred by the FBI for
counterterrorism programs and activities during fiscal years 1995
through 1997. In addition, we collected and analyzed similar data
for fiscal year 1998 (as of July 31, 1998), reviewed congressional
action on the FBI's budget submission for fiscal year 1999, and
reviewed the FBI's process for calculating counterterrorism-
related funds.
We conducted our work primarily in the Washington, D. C.,
Metropolitan Area at the FBI's Headquarters and Washington Field
Office in accordance with generally accepted government auditing
standards. In carrying out this review, we consulted with
officials from DOJ's JMD, which is responsible for overseeing the
FBI's funds; DOJ's OIG, which at the time of our review was doing
a detailed audit of the Attorney General's Counterterrorism Fund,
including examining vouchers; and OMB, which in implementing a
statutory provision had requested federal agencies to report
information on overall counterterrorism funding.
To identify the amount of funds allocated to the FBI for fiscal
years 1995 to 1998, the amount of associated obligations incurred
during this same period, and the President's budget request for
the FBI and FBI plans for fiscal year 1999, we interviewed and
collected information from officials in the FBI's Finance,
National Security, and Laboratory Divisions; as well as DOJ's JMD
and OIG; and OMB. Specifically, we obtained and reviewed
classified and unclassified information on funds available to,
allocated, and obligated by the FBI. We also reviewed
congressional hearings, conference and committee reports,
appropriation acts, reprogramming notifications, and other
correspondences between congressional committees and DOJ; DOJ
budget books for fiscal years 1997 through 1999, pertinent reports
and other documents previously published by us and the
Congressional Research Service; and information available on the
FBI, DOJ, and other Internet sites.
Appendix I Objectives, Scope, and Methodology
Page 25 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
To verify the FBI's statement that no funds had been transferred
from the FBI to any other agency, we judgmentally selected two
federal agencies that have a role in assisting the FBI in its
crisis management efforts Health and Human Services (HHS) and the
Environmental Protection Agency (EPA) and interviewed relevant
officials from these agencies to verify whether the FBI had
transferred funds to, as well as received funds from, these
agencies.
We did some limited verification of the funding and obligation
data provided by FBI officials by reviewing supporting financial
documentation and consulting with JMD, OMB, and FBI Washington
Field Office officials on procedures in place to track obligations
of the FBI's funds for counterterrorism- related programs and
activities. In addition, we did some comparative analysis of
financial information obtained from the FBI, DOJ, and OMB.
To verify the information provided by the FBI on funds allocated
by the FBI based on statutory direction or congressional guidance,
we reviewed and prepared a summary analysis of congressional
action taken on the FBI's budget requests for fiscal years 1995
through 1998 to enhance the FBI's counterterrorism program. In
doing so, we identified and reviewed relevant congressional
hearings, conference and committee reports, appropriation acts,
and reviewed reprogramming notifications and other relevant
correspondence between the appropriations committee and DOJ that
were obtained from the FBI or DOJ's JMD.
We did not verify the FBI's reimbursements from the Attorney
General's Counterterrorism Fund. Rather, we relied on information
from the DOJ OIG's ongoing audit, which included an examination of
the supporting records for each FBI reimbursement.
Through interviews with FBI budget analysts, and JMD and OMB
officials, we obtained information on and reviewed the process
used by the FBI to calculate the amount of overall
counterterrorism- related resources that were allocated by the FBI
and obligations that had been incurred for fiscal years 1995 to
1998 (as of July 31, 1998). We also reviewed supporting
documentation that was used by the FBI to calculate the estimated
amount of counterterrorism- related resources, including field
workload analysis data.
Appendix II FBI's Unclassified Counterterrorism Programs and
Activities
Page 26 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Since 1982, the FBI has been responsible for responding to
terrorist acts that occur domestically 1 and monitoring the
activities of terrorist groups operating within the United States.
2 In carrying out its role as a principal investigative agency of
the federal government, the FBI's counterterrorism programs and
activities include (1) preventive and crisis management efforts,
(2) training and preparedness exercises, (3) forensic and other
support functions, (4) research and development projects, and (5)
leadership of joint terrorism task forces and participation in
interagency working groups.
When the FBI receives information on a terrorist threat,
particularly one involving the use of weapons of mass destruction,
3 the FBI is responsible for (1) assessing (investigating) the
credibility of the threat through coordination with other federal
agencies including the Department of Energy (DOE), HHS, EPA, DOD,
and the Federal Emergency Management Agency (FEMA) and (2)
directing an operational response, if warranted, based on the
assessment. The FBI manages the federal government's Terrorist
Threat Warning System, which communicates terrorism- related
information to other law enforcement agencies. As we previously
reported, 4 the FBI disseminates unclassified terrorism threat and
warning information to law enforcement agencies nationwide through
its teletype National Law Enforcement Telecommunications System
(NLETS). Thirteen such messages were delivered in 1996. The FBI
also transmits information to U. S. businesses on the potential
for terrorism through its Awareness of National Security Issues
and Response Program (ANSIR). Established in 1996, this program is
an E- mail network linking the FBI's 56 field offices to more than
40,000 businesses. At the time of our review, the FBI had
disseminated eight separate information cables via the Terrorist
Threat Warning System, NLETS, and ANSIR concerning the bombings in
East Africa and related events.
1 In aircraft hijackings, the Federal Aviation Administration is
to coordinate law enforcement activity affecting the safety of
passengers aboard aircraft within the special aircraft
jurisdiction of the United States. Federal Aviation
Administration's air marshals have counterterrorism
responsibilities aboard an aircraft. On the ground in U. S.
territory, once the door of the aircraft is open, the FBI is
responsible for the resolution of terrorist hijackings.
2 The Central Intelligence Agency is responsible for gathering
intelligence overseas. 3 The FBI has two Weapons of Mass
Destruction units at FBI Headquarters. One unit addresses
operations, cases, and threats, which reportedly tripled in 1997
over 1996 figures. In 1997, the FBI investigated over 100 weapons
of mass destruction cases. The other unit implements the FBI's
countermeasures program, which coordinates exercises, deployments,
and the FBI's role in training first responders.
4 Combating Terrorism: Federal Agencies' Efforts to Implement
National Policy and Strategy (GAO/NSIAD-97-254, Sept. 26, 1997).
Preventive and Crisis
Management Efforts
Appendix II FBI's Unclassified Counterterrorism Programs and
Activities
Page 27 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
When a domestic terrorist act occurs, the FBI is to provide a
rapid onscene response, typically in coordination with local law
enforcement authorities or other federal agencies to investigate
the terrorist act. The FBI's on- scene commander is to establish a
command post or interagency Joint Operations Center to manage the
crisis based upon the premise of a graduated and flexible
response. When necessary, the FBI's Critical Incident Response
Group (CIRG) which was established in 1994 expressly to deal with
domestic hostage- taking, barricade, and terrorist situations,
such as the 1996 Freeman standoff in Montana will deploy
additional resources needed to assist the local FBI field office
responsible for handling the crisis. CIRG tactical assets include
the Hostage Rescue Team and other tactical assistance resources.
The Hostage Rescue Team, which is staffed with nearly 100 agents,
is expected to deploy rapidly upon notice of the FBI Director's
authorization to rescue individuals who are held illegally by a
hostile force or to engage in other law enforcement activities as
directed. Figure II. 1 depicts the organization structure for the
FBI's crisis management operations.
Appendix II FBI's Unclassified Counterterrorism Programs and
Activities
Page 28 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Source: FBI.
Figure II. 1: FBI Crisis Management Organization Structure/
Terrorism
Appendix II FBI's Unclassified Counterterrorism Programs and
Activities
Page 29 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Based on a preliminary threat assessment, the FBI Director,
through the Attorney General, may authorize the deployment of a
Domestic Emergency Support Team (DEST) composed of those agencies
that can provide advice or assistance to the FBI on- scene
commander. The FBI is responsible for determining the team's
composition and communicating its needs to the appropriate
agencies. Once the DEST has been assembled, the FBI command post
can be converted to a Joint Operations Center for decisions
involving the interagency response to the incident. As shown in
figure II. 2, the center is composed of four groups (command,
operations, consequence management, and support) that are
responsible for providing, respectively, on- scene decisionmaking,
tactical and negotiations skills, advice on dealing with
destruction and mass casualties, and logistical and administrative
services, among others.
Appendix II FBI's Unclassified Counterterrorism Programs and
Activities
Page 30 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Source: FBI.
Figure II. 2: FBI's Joint Operations Center Organization Structure
Appendix II FBI's Unclassified Counterterrorism Programs and
Activities
Page 31 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Appendix II FBI's Unclassified Counterterrorism Programs and
Activities
Page 32 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Over the last few years, the FBI's preventive and investigative
efforts resulted in, among other things, the discovery and
prevention of plots to bomb the Holland and Lincoln tunnels and
the George Washington Bridge in New York, and a federal building
and the subway system in New York City.
The FBI provides counterterrorism- related training to FBI
personnel and local law enforcement personnel who will work with
the FBI at special events; foreign police; and, in conjunction
with the DOD, law enforcement officials, judges, and prosecutors
from the former Soviet Union and Eastern Europe. During fiscal
year 1998, the FBI spent about $1 million coordinating crisis
management training exercises in Denver, Philadelphia, San
Francisco, Honolulu, Miami, San Juan, Chicago, Portland,
Minneapolis, and Norfolk.
Title XIV of P. L. 104- 201 (1996), 50 U. S. C. 2311, commonly
known as the Nunn- Lugar- Domenici Act, established the Domestic
Preparedness Program to prevent and respond to terrorist
activities involving weapons of mass destruction. While DOD is
primarily responsible for implementing this program, the FBI has
participated in Nunn- Lugar- Domenici training events, which are
designed to enhance federal, state, and local responders'
capability to deal with incidents involving weapons of mass
destruction. 5 As of June 30, 1998, the FBI had participated in
such training for 26 U. S. cities and had plans to accommodate an
additional 94 cities.
From October 1994 through March 1997, the FBI participated in 30
interagency exercises. These exercises involved conventional,
chemical, biological, and nuclear incident scenarios. For example,
the FBI conducted weapons of mass destruction counterterrorism
exercises in preparing for the 1996 Summer Olympic Games in
Atlanta, Georgia. The FBI sponsored 10 of the 30 exercises. As of
September 1998, 25 more exercises are scheduled through March
1999.
The exercises helped the FBI and other agencies identify needed
improvements in interagency coordination and intelligence flow,
interagency coordination of forensic matters, and information
management and technical support. FBI officials also said that
they revised their crisis management plans accordingly and took
other steps based on the lessons learned from the exercise. For
example, CIRG implemented a
5 We recently issued a report that provides additional details on
the FBI's involvement in Nunn- LugarDomenici training events
entitled Combating Terrorism: Opportunities to Improve Domestic
Preparedness Program Focus and Efficiency (GAO/NSIAD-99-3, Nov.
12, 1998). Training and
Preparedness Exercises
Appendix II FBI's Unclassified Counterterrorism Programs and
Activities
Page 33 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
crisis management training program for senior FBI officials that
emphasized the Joint Operations Center concept.
The FBI's Laboratory Division supports the counterterrorism
efforts of the FBI and other law enforcement, including state and
local agencies. The laboratory's Explosive Unit and Bomb Data
Center, for example, trains bomb technicians and investigators
throughout the United States and its territories and maintains an
information clearinghouse about terrorists and bombing incidents.
Similarly, the laboratory's Forensic Science Research and Training
Center, located at the FBI Academy, provides forensic training to
approximately 1,500 forensic scientists and officers from crime
laboratories and law enforcement agencies annually. During fiscal
year 1996, the FBI took steps to establish an International
Terrorism Forensic Database that will allow participating nations
to share forensic information from terrorism cases.
When a terrorist incident occurs, FBI forensic and evidence
specialists can be deployed with CIRG to help gather the forensic
evidence necessary to bring the perpetrators to justice. For
example, forensic investigators may use debris from a terrorist
site to develop the bomber's signature, or individualized choice
of materials and details of construction, to link multiple
bombings to a single individual or terrorist group. Similarly, the
FBI laboratory can make available portable trace detection
equipment capable of providing positive on- site identification of
explosive materials. In addition, FBI field offices have Evidence
Response Teams that are trained and equipped to respond to
domestic terrorist events and terrorist attacks abroad.
In fiscal year 1996, the FBI Laboratory Division established a
Hazardous Materials Response Unit to provide direct technical
assistance to FBI investigators and to coordinate the various
federal scientific, technical, and medical assets responding to
chemical/ biological/ nuclear terrorism. From fiscal years 1990 to
1997, the FBI's Laboratory Division participated in over 3,900
counterterrorism- related cases and conducted over 300,000
counterterrorism- related examinations, according to FBI
laboratory officials. 6
In addition to forensic and evidence support, FBI communications
experts and language specialists can also be deployed to help
respond to counterterrorism- related incidents. The FBI also has
an investigative support element Rapid Start Team that specializes
in information
6 A single case can involve numerous examinations, according to
FBI officials. Forensic and Other
Support Functions
Appendix II FBI's Unclassified Counterterrorism Programs and
Activities
Page 34 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
management. The Rapid Start Team consists of computer specialists
and data- input personnel who organize information for on- scene
commanders and investigative personnel.
The FBI is a member of the Technical Support Working Group, 7
whose mission is to conduct the national research and development
(R& D) program for combating terrorism through rapid research,
development, and prototyping of counterterrorism technologies. The
FBI cochairs the Weapons of Mass Destruction Countermeasures
Subgroup, which is charged with providing an interagency forum for
coordinating R& D counterterrorism requirements, sponsoring R& D
not addressed by individual agencies, and promoting the transfer
of information. According to subgroup officials, program successes
include the development of a system to facilitate the dispersal of
chemical/ biological terrorist devices, and the development of a
database that can assist law enforcement officials in identifying
the perpetrators of chemical/ biological/ radiationrelated
terrorist incidents.
In fiscal year 1998, the FBI's laboratory division, through its
Forensic Science Research Unit, initiated 30 new counterterrorism
research and development projects totaling more than $5 million.
Eighteen of these projects are being conducted in cooperation with
DOE under a new science and technology memorandum of understanding
signed in May 1998, according to FBI officials.
The FBI manages standing Joint Terrorism Task Forces that exist in
18 cities across the nation to facilitate an exchange of
intelligence and coordinate activities across the law enforcement
community within specific geographic areas. Given the success of
the Joint Terrorism Task Force concept, the FBI plans to develop
additional task forces in cities around the country. The FBI is
also a member of the Interagency Intelligence Committee on
Terrorism, which was established to enhance the processing,
analysis, and distribution of foreign intelligence information.
Members include more than 40 federal agencies, bureaus, and
offices. They share information on the activities of terrorist
groups and assess indications of terrorist threats.
The FBI also participated in the Commission on Critical
Infrastructure Protection, which President Clinton established to
develop a national strategy to protect the country's critical
infrastructures from a spectrum of
7 Technical Support Working Group members include, among others,
the DOD, DOE, the Treasury, Central Intelligence Agency, and the
Nuclear Regulatory Commission. Research and
Development Projects Leadership of Joint Terrorism Task Forces and
Participation in Interagency Working Groups
Appendix II FBI's Unclassified Counterterrorism Programs and
Activities
Page 35 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
threats, including terrorism. 8 In October 1997, the commission
issued a report assessing the vulnerability of the country's
critical infrastructures and proposing a strategy for protecting
them. The FBI also operates the Infrastructure Vulnerability/ Key
Asset Protection Program, which is designed to maintain
information on critical facilities throughout the United States to
assist in contingency planning should these facilities become
terrorist targets.
8 Executive Order 13010, Critical Infrastructure Protection, July
15, 1996.
Appendix III OMB Guidelines and the FBI's Process for Calculating
Funds Budgeted and Used for Counterterrorism
Page 36 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
In the fall of 1997, in response to a statutory requirement, 1 the
Office of Management and Budget (OMB) established a reporting
system for executive branch agencies to assess governmentwide
spending and programmatic priorities for combating terrorism. The
following describes OMB's methodology for establishing such a
system.
(A) Defining the Terms: The first step in establishing a baseline
for spending to combat terrorism is defining what activities are
considered terrorist- related and how these activities should be
categorized. OMB staff drafted definitions using parameters set by
Presidential Decision Directive- 39 (PDD- 39, U. S. Policy on
Combating Terrorism) and definitions used by the Departments of
Defense, State, Justice, and the Treasury. The next step in the
process was defining the difference between counterterrorism and
antiterrorism. Proposed definitions were discussed with all
relevant agencies. After reaching consensus with the agencies, the
following definitions were agreed upon:
Terrorism: The calculated use of unlawful violence or threat of
unlawful violence to inculcate fear, intended to coerce,
intimidate, or retaliate against governments, the population as a
whole, or foreign societies in the pursuit of goals that are
political, religious, or ideological.
Antiterrorism: Defensive measures used to combat terrorism.
Counterterrorism: Offensive measures used to combat terrorism.
Terrorism spending is further defined by the following five
categories: 1. Law enforcement and investigative activities:
Activities to reduce the
ability of groups or individuals to commit terrorist acts, and
investigation and prosecution of terrorist acts when they occur
(include antiterrorist and counterterrorist activities);
2. Preparing for and responding to terrorist acts: Activities to
plan, train, and equip personnel directed at incident response
(includes antiterrorist and counterterrorist activities);
1 Section 1051 of the National Defense Authorization Act for
Fiscal Year 1998, P. L. 105- 85, 111 Stat. 1629, 1889, required
OMB to establish a reporting system for executive agencies on the
budgeting and expenditure of funds to combat terrorism. The act
also required OMB to collect annual governmentwide budget and
expenditure data on counterterrorism. OMB Guidelines for
Executive Branch Agencies to Report on Spending to Combat
Terrorism
Appendix III OMB Guidelines and the FBI's Process for Calculating
Funds Budgeted and Used for Counterterrorism
Page 37 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
3. Physical security of government facilities and employees:
Activities to protect federally owned, leased, or occupied
facilities and federal employees, including high ranking
officials, from terrorist acts. Also includes protection
activities for embassies, dignitaries, and other persons as
authorized by federal law or executive order (includes
antiterrorist activities only);
4. Physical protection of national populace and national
infrastructure: Activities to protect the national infrastructure,
including air traffic, railroad, highway, maritime, and electronic
distribution systems; energy production, distribution, and storage
facilities (electrical, natural gas, petroleum); vital services,
including banking and finances, water, and emergency services; and
telecommunications systems (includes antiterrorist activities
only);
5. Research and development: Research and development activities
to develop technologies to deter, prevent, or mitigate terrorist
acts (includes antiterrorist activities only).
(B) Collecting the Data: In September 1997, a data call was issued
to all agencies based on the definitions above. Since most
agencies do not have programs and activities solely devoted to
combating terrorism, agencies were allowed to prorate spending for
each of the five categories. To facilitate this process, OMB staff
agreed upon a general framework for assessing an agency's level of
terrorism- related funding and worked with agencies to determine
appropriate attributions for funding of these activities.
Nonetheless, the two physical security categories raised a
difficult analytical problem: how to differentiate between those
physical security measures that combat terrorism and those that
protect against other, nonterrorism- related threats (e. g.,
criminal and environmental). Most agencies prorated expenses for
physical security threats based on the likelihood of a terrorist
threat. However, DOD included all of its physical security
expenditures as relevant. OMB will work with DOD, and other
agencies, to refine reporting methodologies for future reports.
Appendix III OMB Guidelines and the FBI's Process for Calculating
Funds Budgeted and Used for Counterterrorism
Page 38 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Type of counterterrorism activity Description of the FBI's
criteria and methodology for calculating funding for each category
of activity.
Law enforcement and investigative activities This category
includes: 100 percent of FBI field and headquarter investigative
terrorism resources, 100 percent of Nightstalker and other
helicopter resources received in 1998, and 46 percent of the
Critical Incident Response Group's funding. Also included are the
percentages of the total construction and carrier compliance funds
appropriated based on the percentage of FBI resources dedicated to
counterterrorism operations each year, as noted below. Preparing
for and responding to terrorist acts Total funding figures under
this category were derived by first calculating the
percentage of time FBI agents generally spent working on
counterterrorism cases, based on information reported in the FBI
Time Utilization Record Keeping (TURK) a System by FBI field
agents, and then applying the percentage to the total amount of
resources made available and used by the following FBI Law
Enforcement Support Programs that were identified as used in
supporting the FBI's terrorism investigation efforts: Training,
Recruitment, and Applicant; Forensic Services; Technical Field
Support Services; Information Services; Management and
Administration Oversight less the level captured below under
(Physical Security of Government Facilities and Employees); and
Criminal Justice Information Services. The FBI applied the
following percentages, which were derived from analyses of TURK
system workload data on the number of field personnel working
terrorism matters compared with total field personnel, in
calculating fiscal years 1995 through 1998 FBI resources dedicated
to counterterrorism under this category: 1995- 9 percent 1996- 12
percent 1997- 12 percent 1998- 14 percent Physical security of
government facilities and employees This category includes the
associated cost of security equipment and supplies, FBI
guards, and contract guard services. Physical protection of
national populace and national infrastructure This category
includes the portion of the FBI's operation of the National
Infrastructure
Protection Center and field resources that are used to investigate
computer intrusions in support of the FBI's role to protect
national infrastructures. Research and development The funding in
this category is represented by enhancements for special projects
received in the 1996 and 1997 counterterrorism appropriation
amendments. a The TURK System is used by the FBI to record the
proportion of time spent by field agents on
various types of investigative matters such as organized crime,
white- collar crime, violent crime, and counterterrorism. The TURK
system is used by the FBI to track and project the use of field
resources. Data derived from the TURK system are only as valid as
the information recorded by FBI field agents.
Process Used by the FBI to Report on Funds Allocated and Used for
Counterterrorism
Table III. 1: FBI's Reporting Process
Appendix IV FBI's Obligation of Funds Allocated for
Counterterrorism Based on Statutory Direction or Congressional
Guidance
Page 39 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Dollars in thousands
Counterterrorism initiatives Funds allocated Funds reprogrammed
Adjusted funds
allocated Funds
obligated (as of July 31, 1998)
Remaining balance (as of
July 31, 1998) Personnel items
Counterterrorism Center staff $1,905 (742) $1,163 $1,163 $0
Special Surveillance Groups 26,388 0 26,388 26,388 0 Intelligence
research specialists 5, 373 (2.562) 2,811 2,811 0 General support
963 0 963 950 13 Tactical operation specialists 2, 100 (1,181) 919
919 0 Digital telephony support 6, 375 (1,315) 5,060 5,025 35
Police officers 4,936 (2,425) 2,511 2,511 0
Total personnel funds $48,040 (8,225) $39,815 $39,767 $48
Nonpersonnel items
Headquarter Command Center (construction) 10,000 0 10,000 8, 722
1,278 Digital telephony equipment 6, 500 0 6, 500 6,500 0 Tactical
operations support 6, 600 0 6, 600 6,445 155 Forensic Services:
Evidence Response Team Equipment modernization 2,900
2,100 0 0 2,900
2,100 2,772 1,938 128
162 Hostage/ barricade database 1, 000 0 1, 000 865 135 Computer
Investigation and Infrastructure Threat Assessment Center 7,500
7,500 7,463 37 International Terrorism Travel 725 725 177 548
Total nonpersonnel funds $29,100 $8,225 $37,325 $34,882 $2,443
Total personnel and nonpersonnel funds $77,140 0 $77,140 $74,649
$2,491
Note: Congress provided $77,140, 000 in no- year funding for the
FBI to use to pay for additional expenses resulting from the April
1995, bombing of a federal building in Oklahoma City and other
counterterrorism efforts, including the establishment of a
Domestic Counterterrorism Center through the Emergency
Supplemental Appropriations for Additional Disaster Assistance,
for Anti- terrorism Initiatives, for Assistance In the Recovery
from the Tragedy That Occurred at Oklahoma City, and Rescissions
Act, 1995, P. L. 104- 19. The FBI's allocation of these funds for
the counterterrorism initiatives noted was based on this statutory
direction and congressional approval of the reprogramming
(effective May 1997) of $7.5 million in funds initially targeted
for personnel initiatives to fund nonpersonnel items for the
Computer Investigation and Infrastructure Threat Assessment Center
and (effective June 1996), $725,000 for International Terrorism
Travel.
Source: FBI data and congressional source documents. Dollars in
thousands
Counterterrorism initiatives Funds allocated Funds obligated (as
of July 31, 1998) Remaining balance
(as of July 31, 1998) Personnel items
Counterterrorism Center agents $520 $520 $0 Command Center
position 1, 400 1,400 0 Lab technicians 2, 600 2,600 0 Field
counterterrrorism investigation agents 7,950 7,950 0
Total personnel funds $12,470 $12,470 $0 Table IV. 1: Fiscal Year
1995 FBI Obligations
Table IV. 2: Fiscal Year 1996 FBI Obligations
Appendix IV FBI's Obligation of Funds Allocated for
Counterterrorism Based on Statutory Direction or Congressional
Guidance
Page 40 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Dollars in thousands
Counterterrorism initiatives Funds allocated Funds obligated (as
of July 31, 1998) Remaining balance
(as of July 31, 1998) Nonpersonnel items
Headquarter Command Center (construction) 10,000 8, 450 1,550
Critical Incident Response Group 1, 500 1,123 377 Aviation support
3, 000 2,940 60 Forensic Services: Evidence Response Team
Equipment modernization Laboratory building (construction)
2,900 9,900 57,089
2,433 9,900 18,973
467 0 38,116 Digital telephony equipment 33,400 33,400 0 Tactical
operations 25,000 25,000 0 National Crime Information Center 2000
violent gang/ terrorism database 3,500 3,500 0
Total nonpersonnel funds $146,289 $105,719 $40,570 Total personnel
and nonpersonnel funds $158,759 $118,189 $40,570
Note: Congressional guidance for the use of these funds was
provided in the conference report, H. R. Conf. Rep. 104- 378
(1995), as incorporated by reference in H. R. Conf. Rep. 104- 537
(1995), accompanying the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act,
1996, P. L. 104- 134. The FBI allocated $158.8 million of its
available resources for the counterterrorism- related initiatives
noted above based on their interpretation of guidance contained in
conference report H. R. Conf. Rep. 104- 378 (1995) and in House
report, H. R. Rep. 104- 196 (1995). The conferees specified
program increases for various programs and that about $57 million
be used for the construction of a new FBI laboratory facility.
These items were previously identified in the House report as
counterterrorism initiatives.
Source: FBI data and congressional source documents. Dollars in
thousands
Counterterrorism initiatives Funds allocated Funds obligated (as
of July 31, 1998) Remaining balance
(as of July 31, 1998) Personnel items
Counterterrorism staff (headquarters) $463 $463 $0 Infrastructure
vulnerability/ key assets 16,245 16,245 0 Emerging domestic groups
25,090 25,090 0 Chemical/ biological/ nuclear investigations
22,087 22,087 0 Counterterrorism Investigations (field) 14,158
14,158 0 Lookouts (surveillance) 448 448 Computer Investigation
and Infrastructure Threat Assessment Center 2,275 2,275 0 Crisis
management unit/ Critical Incident Response Group 418 418 0
Hazardous Material/ Chemical, Biological, Nuclear Unit laboratory
846 846 0 Explosives unit/ laboratory 655 655 0 Washington Field
Office police officers 194 194 0
Total personnel funds $82,879 $82,879 0 Nonpersonnel items
Arson/ bombing profiling/ Critical Incident Response Group 370 370
0
Table IV. 3: Fiscal Year 1997 FBI Obligations
Appendix IV FBI's Obligation of Funds Allocated for
Counterterrorism Based on Statutory Direction or Congressional
Guidance
Page 41 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Dollars in thousands
Counterterrorism initiatives Funds allocated Funds obligated (as
of July 31, 1998) Remaining balance
(as of July 31, 1998)
Counterterrorism Special Operations Group services 1,000 1,000 0
Crisis management training/ Critical Incident Response Group 1,680
1,680 0 Hostage Rescue Team clothing 1,888 1,888 0 Computer
Investigation and Infrastructure Threat Assessment Center
equipment/ travel/ training/ contract support
2,738 2,738 0 Joint Terrorism Task Forces 2,700 2,092 608 Lookout
operations (surveillance) 300 300 0 Counterterrorism case- related
travel 2,000 2,000 0 Counterterrorism undercover operations 250
250 0 Counterterrorism regional conference/ training 500 500 0
Infrastructure vulnerability database 2, 000 2,000 0
Counterterrorism special projects 2,420 2,420 0 Field translation
centers 4, 780 4,773 7 INTELINK workstations 3,800 3,800 0 State/
local participation/ Counterterrorism Center 1,500 1,418 82 X- ray
machines/ magnetometers 1, 350 1,350 0 Computer Analysis Response
Teams 1, 180 1,180 0 Hazardous Devices School/ Bomb Data Center
735 735 0 Laboratory hazardous material/ chemical, biological,
nuclear equipment 6,000 6,000 0 Forensic database development 1,
400 1,400 0 Mobile deployable laboratories 1, 200 1,085 115 Crisis
response radios 400 400 0 Emergency Response Team training 2,000
1,879 121 Advance Render Safe Team equipment 3, 000 2,999 1
Evidence Response Team training 400 354 46 FBI academy contract
security 416 416 0 Replacement closed circuit television systems
3,000 3,000 0 Contract guard services - Field 2, 000 2,000 0
Total nonpersonnel funds $51,007 $50,027 $980 Total personnel and
nonpersonnel funds $133,886 $132,906 $980
Note: Congressional guidance for the use of these funds was
provided in the conference report, H. R. Conf. Rep. 104- 863
(1996), accompanying the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act,
1997, P. L. 104- 208 and subsequent reprogramming agreements
between the FBI and the Appropriations Committees.
Source: FBI data, congressional source documents, and
reprogramming agreements.
Appendix IV FBI's Obligation of Funds Allocated for
Counterterrorism Based on Statutory Direction or Congressional
Guidance
Page 42 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Dollars in thousands
Counterterrorism initiatives Funds allocated Funds obligated (as
of July 31, 1998) Remaining balance
(as of July 31, 1998) Personnel items Total personnel funds $0 $0
$0 Nonpersonnel items
Computer Analysis Response Teams 900 623 277 Lab weapons of mass
destruction 2, 000 76 1,924 Bomb technician equipment 1, 600 118
1,482 National Security Division (weapons of mass destruction)
2,500 1,076 1,424 Hostage rescue team weapons of mass destruction
3,500 748 2,752 Nightstalker replacement 10,000 0 10,000 Hostage
rescue team tactical helicopters 23,200 22,022 1, 178 New York
aviation surveillance 5,000 0 5, 000 Hostage rescue team/ SWAT
mobility equipment 2,000 950 1,050 Helicopter pilot training 1,500
501 999 Advance aircraft lease 320 0 320 DOD aircraft lease/
training missions 1,500 1,320 180
Total nonpersonnel funds $54,020 $27,434 $26,586 Total personnel
and nonpersonnel funds $54,020 $27,434 $26,586
Note: Congressional guidance for the use of these funds was
provided in the conference report, H. R. Conf. Rep. 105- 405
(1997), accompanying the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act,
1998, P. L. 105- 119.
Source: FBI data and congressional source documents.
Table IV. 4: Fiscal Year 1998 FBI Obligations
Appendix V Schedule of the FBI's Use of Federal Funds From the
Attorney General's Counterterrorism Fund (FY 1995- FY 1998)
Page 43 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Fiscal year Extraordinary event Use of funds FBI expenditures
as of 7/ 31/ 98 Amount of
reimbursement authorized
1995 Oklahoma City Bombing Overtime $1,485,759 $1,277,000 Travel
2,670,500 2,160,000 Supplies 339,182 350,000 Equipment 1,777,399
1,800,000 Miscellaneous a 752,973 1, 438,813
Fiscal year 1995 total $7,025,813 $7,025,813
1996 Oklahoma City Bombing Personnel compensation $1,229,544
$1,600,000 Travel and transportation of persons 3,470,860
3,385,700 Transportation of things 7,469 21,000 Rent,
communications, and utilities 529,251 1, 094,581 Printing and
reproduction 483 150,000 Other services 598,111 627,300 Supplies
and materials 126,397 165,000 Equipment 145,968 250,000
Total $6,108,083 $7,293,581
Atlanta Olympics Personnel compensation $611,009 $216,000 Travel
and transportation of things 4,436,780 4,060,613 Rent,
communications, and utilities 320,752 509,422 Other services
469,999 184,552 Supplies and materials 222,623 275,000 Equipment
2,430,414 3,299,412 X- ray machine and two disposal robots 157,928
130,000
Subtotal $8,649,505 $8,674,999
Reimbursement of state and local law enforcement (Georgia)
$2,000,000 $2,000,000 Reimbursement of federal agencies
(Agriculture, Treasury, Drug Enforcement Administration,
Immigration and Naturalization Service, and Department of the
Interior)
2,567,626 3,000,000
Subtotal $4,567,626 $ 5,000,000 Total $13,217,131 $13,674,999
Republican National Convention Personnel compensation $45,236
$27,000 Travel and transportation of persons 85,597 35,000 Rent,
communications, and utilities 1,607 69,000 Other services 15,301
36,000 Supplies and materials 66,352 25,000 Equipment 22,303
138,000
Total $236,396 $330,000
Appendix V Schedule of the FBI's Use of Federal Funds From the
Attorney General's Counterterrorism Fund (FY 1995- FY 1998)
Page 44 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Fiscal year Extraordinary event Use of funds FBI expenditures
as of 7/ 31/ 98 Amount of
reimbursement authorized
1996 Cont. Democratic National Convention Personnel compensation
$6,000 $6,000
Travel and transportation of persons 113,809 11,000 Rent,
communications, and utilities 103 5,000 Supplies and materials
21,802 10,000 Equipment 107,544 169,000
Total $249,258 $201,000 Combating Middle Eastern terrorism
Mandated by the 1996
Conference Report (P. L. 104- 537)
$3,678,895 $4,000,000
Total $3,678,895 $4,000,000
Fiscal year 1996 total $23,489,763 $25,499,580
1997 State Olympics Law Enforcement Command Reimbursement of state
and
local law enforcement (Georgia)
419,887 $814,406 TWA Flight 800 Reimbursement of state and
local law enforcement (New York)
6,361,000 6,361,000 Oklahoma City Bombing support Reimbursement of
state and
local law enforcement (Denver)
112,000 112,000
Fiscal year 1997 total $6,892,887 $7,287,406
1998 CT Technology Research & Development Services 758,902
$10,500,000 Bomb Technician Training at Hazardous Devices School
Equipment, Services and
Travel 9,675 5,200,000
Fiscal year 1998 total b $768,577 $15,700,000 Grand total (1995
through 1998) $38,177,040 $55,512,799 c
a Miscellaneous includes rental of space, aircraft- military
transport, aircraft fuel, and other services or equipment. b The
FBI was subsequently approved to receive an additional $15.9
million in reimbursements from
the Attorney General's Counterterrorism Fund. About $5.2 million
was associated with extraordinary expenses associated with the
Southeast Bombing Task Force, including personnel compensation and
travel; about $2.6 million for additional Oklahoma City Bombing
expenses; and about $8.1 million for extraordinary expenses
associated with the bombings in Africa, which occurred in August
of 1998. c Of this total, $12.3 million was not for the FBI's use
but was passed through the FBI to other federal,
state, and local agencies to reimburse them for expenses incurred
in investigating or responding to specific terrorist incident or
carryout specific counterterrorism activities.
Source: Constructed by GAO based on information provided by DOJ's
OIG and verified by FBI and DOJ's JMD officials.
Appendix VI Summary of Funds Obligated by the FBI to Carry Out Its
Counterterrorism Mission, FY 1995- FY 1998 (as of July 31, 1998)
Page 45 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Dollars in thousands
Type of counterterrorism activity Fiscal year 1995 funds Fiscal
year
1996 funds Fiscal year 1997 funds Fiscal year
1998 funds a Total 1995- 1998
Law enforcement and investigative activities b $133,049 $189,683
$233,059 $303,007 $858,798 Preparing for and responding to
terrorist acts 62,596 121,257 180,820 199,289 563,962 Physical
security of government facilities and employees 10,359 11,354
22,772 12,339 56,824 Physical protection of national populace and
infrastructure 0 0 11,378 19,043 30,421 Research and development
2,000 2,000 2,420 4,420 10,840
Total $208,004 $324,294 $450,449 c 538,098 $1,520,845
a Fiscal year 1998 figures are as of July 31, 1998. b Includes
construction and carrier compliance funding associated with
counterterrorism initiatives. c Includes reprogrammings totaling
about $20 million in no- year funding from fiscal year 1995.
Source: Constructed by GAO based on FBI data.
Appendix VII Major Contributors to This Report
Page 46 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Daniel C. Harris, Assistant Director Charles Michael Johnson,
Evaluator- in- Charge Lou V. B. Smith, Evaluator Michael H.
Little, Communications Analyst Thelma Jones, Writer- Editor Jena
Sinkfield, Administrative Assistant
Denise M. Fantone, Assistant Director Jan B. Montgomery, Assistant
General Counsel Ann H. Finley, Senior Attorney General Government
Division, Washington, D. C.
Accounting and Information Management Division, Washington, D. C.
Office of the General Counsel, Washington, D. C.
Page 47 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
Page 48 GAO- GGD- 99- 7 FBI's Use of Federal Funds for
Counterterrorism
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