9/11 Panel Says Congress and White House Are Failing to Act
By PHILIP SHENON
Published: October 19, 2005
http://www.nytimes.com/2005/10/19/politics/19panel.html

WASHINGTON, Oct. 18 - The members of the Sept. 11 commission will sharply
criticize the Bush administration and Congress this week in a new, privately
financed report expected to single out the F.B.I. as having failed to act on
many of the panel's recommendations to protect the nation from terrorist
attack, members of the bipartisan panel and its staff said.

They said the report, scheduled for release on Thursday by a private
educational group created by the 10 former commissioners, will also
criticize the White House as not doing enough to defend civil liberties and
privacy rights as it expanded the government's surveillance powers after the
Sept. 11 terror attacks. A civil liberties oversight board created by the
White House earlier this year is toothless and underfinanced, some of the
commissioners said.

A Democratic member of the commission, Timothy J. Roemer, a former House
member from Indiana, said the new "report card" would show that the
administration and Congress had taken no action on many of the panel's
central recommendations "and we're not going to get many more chances to get
things right before the terrorists come at us again."

Mr. Roemer said in an interview that the F.B.I. would be criticized because
it "has talked about well-intentioned reform but has not delivered it."

"We still need to see a big change in that culture," he said.

Congress would be criticized, Mr. Roemer said, for having failed to follow
through on the panel's major recommendations for an overhaul of
Congressional oversight of intelligence and terrorism issues. In its final
report last year, the commission described Congressional oversight as
"dysfunctional."

The report is being prepared by the 9/11 Public Discourse Project, a
privately financed lobbying group that reflects an unusual effort by members
of a federal blue-ribbon commission to press for their recommendations.

Asked about the report, a White House spokeswoman, Erin Healy, said that
"while we haven't seen the report, the president knows that protecting the
American people from terrorist threats requires a comprehensive approach."
The administration had a "clear strategy of strengthening our defenses at
home and taking the fight to the enemy abroad," Ms. Healy said.

The F.B.I. had no immediate comment on the new report. A spokesman referred
instead to testimony given last month to Congress by the bureau's director,
Robert S. Mueller III, who insisted that the F.B.I. had made important
progress in pursuing terrorist threats.

In its final, book-length report last year, the commission offered some of
its strongest criticism for the F.B.I. and documented how the bureau had
repeatedly mishandled intelligence about terrorist threats before the Sept.
11 attacks, including detailed warnings that terrorists might try to use
commercial planes in an attack. The report said the bureau should retain its
responsibility for domestic terrorism investigations "only if it makes an
all-out effort to institutionalize change."

In recent months, the bureau has acknowledged that many of the failings
identified by the Sept. 11 commission continue to plague it, including
antiquated computer and communications equipment that make it almost
impossible for agents to coordinate information on terrorism investigations
easily.

In March, the F.B.I. officially shut down a floundering $170 million program
to overhaul its computer software, admitting it would take more than three
years to develop a new, workable system. The Justice Department's inspector
general reported this year that the bureau had a backlog of thousands of
hours of audio tapes that needed to be translated from Arabic and other
languages as part of terrorism investigations.

In its final report last year, the Sept. 11 commission called for a civil
liberties board within the executive branch to protect privacy rights as the
government expanded the powers of law-enforcement agencies to deal with
terrorist threats.

Congress created such a board in December, but the White House waited until
June to appoint its five members and recommended an annual budget of
$750,000, much less than several members of the Sept. 11 commission said was
adequate. The board has still not met.

Commission members said they expected that the new report would include some
praise for the administration and Congress, especially regarding the
enactment of the panel's central recommendation: creation of the job of a
director of national intelligence to force the nation's intelligence and
law-enforcement agencies to work together. 



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