[Congressional Record (Bound Edition), Volume 147 (2001), Part 13]
[Senate]
[Page 18705]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           FIGHTING TERRORISM

  Mr. DURBIN. As a member of the Judiciary and Intelligence Committees, 
we have had a number of requests from the administration for new 
authority to collect information to fight terrorism. You will find that 
the vast majority of requests by the administration will be honored in 
the bill we will consider this week or next.
  We will say to FBI and the CIA, other law enforcement agencies: Here 
are new tools for you to fight terrorism.
  We should give to it them because we need to provide them what is 
necessary to protect our Nation. Certainly we need to keep our laws up 
to pace with the changes in technology so that when communications are 
moving by e-mail or through the use of cell telephones, we give to law 
enforcement the authority and the opportunity to make certain they have 
access to them.
  I am concerned, as are many on the Judiciary Committee, that it isn't 
just a question of the new authority to collect information but a more 
fundamental question: Do these agencies of law enforcement have the 
infrastructure and the capacity to collect, process, evaluate, and 
distribute this information?
  It was only a few weeks ago that the Senate Judiciary Committee had 
its first oversight hearing in 20 years on the FBI.
  The information that came to us suggests that FBI computer 
capabilities are archaic, that no successful business in America could 
operate with the computers we have given to the premier law enforcement 
agency in America. Is there any doubt in anyone's mind that computer 
capability is as important, if not more important, than additional 
authorization in the law to collect information?
  Things are being done. A man by the name of Bob Dies left the IBM 
Corporation and came to the Department of Justice to modernize their 
computer systems. I trust him. I believe he has a good mind. He can 
help us out of this terrible situation into modern computer technology.
  When I sat down with Mr. Dies yesterday and asked him the problems he 
ran into, he gave me an example. We know there is software available 
that would allow us to see the coordinates of any location in America, 
cross streets in the city of Boston or the city of Chicago, and then 
with this software, with concentric circles, see all of the important 
surrounding structures, the buildings, the hospitals, whether there is 
any type of nuclear facilities or electric substations, all within that 
region. Think of how valuable that is when we are fighting terrorism.
  If they receive a notice at the FBI that there has been an explosion 
at a certain location, by using this software they can immediately see 
before them all of the potential targets and all of the worrisome areas 
around that explosion. That seems to be an obvious tool. Wouldn't you 
assume the FBI already had it? They don't. They don't have access to it 
because when Mr. Dies said he wanted to buy this software for the FBI--
and they were excited about receiving it--he was told: First you have 
to draw up, under Federal procurement laws, a request with specific 
elements in it as to what you want in this software, and then we have 
to have it put out for bid. We think in about a year we can get it for 
you.
  The average American can go right now and buy the software off the 
shelf. It is absolutely unforgivable that that basic tool and so many 
others are being denied to the FBI and other law enforcement agencies 
because of the bureaucratic mess we have in procurement in this Nation.
  I am working at this moment on legislation that will allow an 
exception to our procurement laws in areas of national need and 
national emergency. We should have a certification process that will 
allow us to step back from this morass of bureaucracy and get to the 
point of bringing modern computers into the FBI so that all the names 
and all the tips and all the information collected can be processed, 
formulated, evaluated, and distributed so that the names of suspects 
can be given to the Federal Aviation Administration and, in turn, given 
to all of the airlines so that they can do their job when people apply 
for a ticket.
  The PRESIDING OFFICER (Mr. NELSON of Nebraska). The time for morning 
business has expired.
  Mr. DURBIN. I ask unanimous consent for 1 additional minute.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DURBIN. Mr. President, I hope that during the course of 
considering antiterrorism legislation we don't stop short of giving new 
authority to collect information but also give to the FBI, CIA, and 
other Federal law enforcement agencies the infrastructure to use that 
information. We need to create an extraordinary process for 
extraordinary times.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Massachusetts is recognized.
  Mr. KERRY. Mr. President, I ask unanimous consent to proceed as in 
morning business and, after I have completed, Senator Torricelli be 
recognized.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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