*- .« A. > • • • AV- ft" c •• • . "^FBrOVERSIGHT HEARINGS V '^•"- '-' i I."/:' BEFORE THE ^>^"^ SUBCOMMITTEE ON CIVIL AND CONSTITUTIONAL RIGHTS OP THE COMMITTEE ON THE JUDICIARY HOUSE OF REPRESENTATIYE8 NINETY-SIXTH CONGKESS FIRST AND SECOND SESSION ON FBI OVERSIGHT MARCH 8,15, 21, 27,1979, MARCH 4,10, AND 17,1980 Serial No. 46 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE «-895 0 WASHINGTON : 1980 COMMITTEE ON THE JUDICIARY PETEE W. RODINO, JH., New Jersey, Oiolrmon JACK BROOKS, Texas ROBERT McCLORY, Illinois ROBERT W. KASTENMEIER, Wisconsin TOM RAILSBACK, lUlnois DON EDWARDS, California HAMILTON FISH, JR., New York JOHN CONYERS, JR., Michigan M. CALDWELL BUTLER, Virginia JOHN F. SEIBERLING, Ohio CARLOS J. MOORHEAD, CalUomia QEORQE E. DANIELSON, CaUfomla JOETN M. ASHBROOK, Ohio ROBERT F. DRINAN, Massachusetts HENRY J. HYDE, Illinois ELIZABETH HOLTZlklAN, New York THOMAS N. KINDNESS, Ohio ROMANO L. MAZZOLI, Kentucky HAROLD S. SAWYER, Michigan WILLIAM J. HUGHES, New Jersey DAN LUNGREN, California SAM B. HALL, JR., Texas F. JAMES SENSENBRENNER, JR., Wisconsin LAMAR QUDGER, North CaroUna HAROLD L. VOLKMER, Missouri HERBERT E. HARRIS II, Virginia MIKE 8YNAR, Oklahoma MICHAEL D. BARNES, Maryland DAN GLICKMAN, Kansas BOB CARR, Michigan BILLY LEE EVANS, Georgia JOSEPH L. NELUS, Otiural Counul GARNER J. CUNE, Staff Dirietor FRANKLIN O. POLK, Aitoctate Omiud SUBCOMMITTEE ON CIVIL AND CONSTITUTIONAL RIGHTS DON EDWARDS, California, Oiatrman ROBERT W. KASTENMEIER, Wisconsin HENRY J. HYDE, IlUnols JOHN F. SEIBERLING, Ohio JOHN M. ASHBROOK, Ohio ROBERT F. DRINAN, Massachusetts F. JAMES SENSENBRENNER, JR., Wisconsin ELIZABETH HOLTZMAN, New York HAROLD L. VOLKMER, Missouri THOMAS P. BSEEN, Countel CATHERINE LEROT, AitiUajU Courud JANICE COOPER, AttUtarU Countel THOMAS M. Boro, At$oclate Ctountd (n) --0 CONTENTS HEARINGS HELD P««« March 8, 1979 1 March 15, 1979 27 March 21, 1979 55 March 27, 1979 95 March 4, 1980 131 March 10, 1980 179 March 17, 1980 239 WITNESSES Adams, James B., Associate Director, Federal Bureau of Investigation.. 96 Banner, Conrad S., Deputy Assistant Director, Identification Division, FBI 56,180 Bayse, William A., Assistant Director, Technical Service Division, Federal Bureau of Investigation 180 Prepared statement 180 Cochran, Jay Jr., Assistant Director, Technical Services Division, FBI 56 Colwell, William Lee, Assistant Director for Planning and Inspection Division, Federal Bureau of Investigation 32 Prepared statement 28 Domzalski, Joseph D., Assistant Section Chief, Civil Rights and Special Inquiry Section, FBI 239 Groover, L. C, Inspector, Deputy Assistant Director, Financial Manage- ment Branch, FBI 32, 56,96, 180,239 Groover, L. Clvde Jr., Deputy Assistant Director, Administrative Service Division, FBI 2 Herndon, Bell P., Acting Assistant Director, FBI Laboratory 66 Heymann, Philip B., Assistant Attorney General, Criminal Division, Department of Justice 136, 146 Prepared statement 136 Jones, John M., Section Chief, Technical Section, Identification Division, FBI 180 Joseph, Kenneth E., Assistant Director, Training Division, FBI 56 Kent, Robert E., Assistant Director, Identification Division, FBI 56 Lawn, John C, Section Chief, Civil Rights and Special Inquiry Section, FBI 239 Lawler, Lawrence W., Section Chief, National Crime Information Section, Technical Service Division, FBI 180 McDermott, John J., Assistant to the Director, and Deputy Associate • Director, Federal Bureau of Investigation 56,96 Prepared statement 57 Mignosa, Sebastian S., Federal Bureau of Investigation 2 Moore, Donald W. Jr., Assistant Director, Federal Bureau of Invstigation. 2 Mullen, Francis M. Jr., Assistant Director, Criminal Division, FBI 239 Nugent, Paul, Federal Bureau of Investigation 2 Satkowski, Robert, Federal Bureau of Investigation 2 Webster, Hon. William H., Director, Federal Bureau of Investigation 96, 146 Prepared statement 97, 143 STATEMENTS Rodino, Hon. Peter W., Jr., chairman, Committee on the Judiciary 133 (in) FBI OVERSIGHT THimSSAT, KABCH 8, 1979 U.S. HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON CIVIL AND CONSTITUTIONAL RIGHTS OF THE COMMITTEE ON THE JUDICIARY, Washington, D.C. The subcommittee met at 9:30 a.m. in room 2226, Raybum House Office Building; the Honorable Don Edwards (chairman of the sub- committee) presiding. Present: Representatives Edwards, Drinan, Matsui, and Ashbrook. Staff present: Thomas P. Breen, counsel; Catherine LeRoy and Janice Cooper, assistant counsel; and Roscoe B. Starek HI, assistant counsel. Mr. EDWARDS. The subcommittee will come to order. We welcome this morning the gentleman from Ohio, the new, and I am sure, valued member of the subcommittee, Mr. Ashbrook. Mr. Ashbrook, we are delighted to have you with us. Mr. ASHBROOK. Thank you. I am delighted to be here. Mr. EDWARDS. Today we begin the subcommittee's first Federal Bureau of Investigation oversight hearing of the 96th Congress. It is, however, the continuation of several years of this subcommittee's efforts to assure that the Federal Bureau of Investigation is carrying out its Federal law enforcement responsibilities in an efficient and effective manner—and perhaps more important, in a manner con- sistent with the laws of this land and the Constitution. One of the most controversial programs within the FBI's juris- diction has been its domestic security/terrorism program. This sub- committee has taken an interest in the evolution of this program ever since it requested the GAO to audit domestic security in 1973. As a result of our efforts and those of other congressional committees, the GAO, the Justice Department, and the FBI itself, vast improve- ments have been made. The FBI now concentrates its efforts m this area of investigation of terrorist activities and leaders of terrorist organizations. From a total of nearly 20,000 investigative matters in the 10 field offices surveyed by GAO in 1974, the FBI's caseload has dropped to only a handful. The investigations are now closely tied to Fecleral violations. The focus of our hearing this morning is going to be somewhat different, however, from what it's been in the past. Today we plan to approach our task from the point of view of our upcoming authoriza- tion responsibility. We would like to know how the money authorized for this program is being spent, how the program operates, what the program has accomplishecf—in other words, how the FBI actually goes about coping with terrorist cases and how well it is doing its job. (1) Last year the Congress authorized an additional $2 million to the Bureau's terrorist program. In its submission to the committee this year, the Bureau admitted it did not need this money. There was a substantial shortfall both in positions and in dollars. We should ex- plore the reasons for this shortfall in an effort to improve the Bu- reau's management of its resources, and the Congress authorization capabilities. We are pleased to have as our witness today, Mr. Donald W. Moore, Jr., Assistant Director, Federal Bureau of Investigation. Mr. Moore, would you be so kind as to introduce your colleagues with you and then unless Mr. Ashbrook has a prelimmary remark— do you, Mr. Ashbrook? Mr. ASHBROOK. NO, sir. Mr. EDWARDS. YOU can proceed. TESTIMONY OF DONALD W. MOORE, JK., ASSISTANT DIRECTOR, FED- ERAL BUREAU OF INVESTIGATION, ACCOMPANIED BY L. CLYDE GROOVER, JR., SEBASTLAN S. MIGNOSA, ROBERT SATKOWSZI, AND PAUL NUGENT Mr. MOORE. TO your right would be Paul Nugent, Bob Satkowski, Seb Mignosa, and Clyde Groover. I do have a prepared statement, Mr. Chairman, that I would like to read for the record, if I may. Mr. EDWARDS. Yes. Please continue. Mr. MOORE. The phenomenon of terrorism mirrors the mobility and complexity of modem society which transcends both national and continental borders. The functions of the terrorism program are formu- lated to assure an effective and timely response to a terrorist incident. Since the majority of all terrorist activities fall within the investigative responsibility of the FBI, the terrorism program must be in a position to respond to terrorist incidents. The mission of the terrorism program is to detect, prevent, and/or react to unlawful, violent activities of individuals or groups whose in- tent is either overthrow the Government; interfere with the activities of a foreign government in the United States; substantially impair the functioning of the Federal Government, a State government, or inter- state commerce; or deprive Americans of their civil rights guaranteed under the Constitution. The approach used to fulfill this mission is a two-pronged investiga- tive effort: The preventive phase, which consists of detection, identi- fication, and collection of evidence for prosecution of terrorists and their groups who have the propensity, inclination, and capacity to engage in terrorist acts; and the reactive phase, which consists of a coordinated preplanning to insure an effective and timely response to a terrorist act through crisis management and intensive investigative eflFort. Terrorist acts continue to be performed in the United States as evidencd by approximately 100 terrorist bombings in 2 of the last 3 years. The number of terrorist bombings for 1978 totaled 52. These activities of terrorists are violent, criminal acts aimed indiscriminately with no regard to innocent victims and are deliberately calculated to yield maximum physical and emotional disruption. 3 The first function of the FBI's terrorism program, domestic terrorist investigations constitute the preventive phase of this