The Intelligence Community and 9/11: Congressional Hearings and the Status of the Investigation

Publication Date: January 2003

Publisher: Library of Congress. Congressional Research Service

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Research Area: Government

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Abstract:

The terrorist attacks of September 11, 2001 led many to inquire whether there had been a failure by United States intelligence agencies to collect all available information about the plots that led to the attacks, to analyze it properly, and disseminate it in time to protect the American public. Congressional intelligence committees responded by launching an unprecedented Joint Inquiry to investigate the Intelligence Community's record in regard to the 9/11 attacks and make recommendations for further legislative action. The Joint Inquiry began its investigation in February 2002 and held public hearings in September and October. Findings, conclusions, and recommendations were made public in December 2002; release of the final report is anticipated in 2003.

In public hearings, the Joint Inquiry's Staff Director traced salient aspects of the Inquiry's work and emphasized that, whereas the Intelligence Community provided ample warning of an impending attack in mid-2001 against the U.S. by the Islamic terrorist group headed by Osama Bin Laden, the Community did not learn in advance the plans for the aircraft hijackings that occurred on September 11.

The Joint Inquiry focused on several underlying problems. For a number of Constitutional, statutory, and organization reasons, information collected by intelligence agencies has historically not been routinely used for law enforcement purposes. Similarly, information collected in preparation for trials has not been routinely forwarded to intelligence agencies. In an era in which terrorists work abroad to launch attacks in the U.S., some have argued that the "walls" between intelligence and law enforcement have complicated the ability of any agency to put together a complete picture of evolving plots. Explaining the complexity of this situation was a major contribution of the Inquiry, although the issue of breaching these "walls" remains complicated and controversial.

In addition, the Inquiry examined the role of the FBI. There were criticisms of the Bureau's ability to: process and store information; provide communications links between field offices and headquarters; process applications for surveillance; and coordinate with intelligence agencies. More fundamentally, the intelligence committees examined priorities that, prior to September 11, 2001, did not emphasize counterterrorism to the extent that has subsequently been considered necessary.

The Intelligence Authorization Act for FY2003 (P.L. 107-306) establishes an independent commission to assess the role of agencies throughout the government with regard to the 9/11 attacks. This independent commission, to be headed by former New Jersey Governor Thomas H. Kean, will build upon the investigatory record of the Joint Inquiry, but might reach further to assess organizational issues and the proper relationship of law enforcement and intelligence agencies. This report will be updated as circumstances dictate.