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FederalDaily - June 13, 2005

What the FBI Knew Before 9/11
National Counterterrorism Center Director Named
AFGE Announces Winning INS Lawsuit
NTEU Closer to Customs Overtime Agreement

What the FBI Knew Before 9/11

The public now has access to a report on what information the FBI knew before the 9/11 attacks that was potentially related to the attacks. The Department of Justice Office of the Inspector General (IG) publicly released a report—which was dated November 2004—on June 9. The report showed that in July 2001, an FBI agent in Phoenix sent a memorandum to FBI Headquarters and the FBI’s New York Field Office outlining the agent’s theory that there was an effort by Usama Bin Laden to send students to the U.S. to attend civil aviation schools so they could obtain jobs in the aviation industry and conduct terrorist activity. “At the time of the September 11 attacks, little action had been taken in response” to the memo, the IG report said. It also detailed much of the other information the FBI had. To read the full redacted, unclassified report, go to www.usdoj.gov/oig/special/0506/final.pdf.

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National Counterterrorism Center Director Named

President Bush announced last week his intention to nominate Vice Admiral John Redd to be director of the National Counterterrorism Center (NCTC), Office of the Director of National Intelligence. Redd most recently served as executive director of the Commission on the Intelligence Capabilities of the U.S. Regarding Weapons of Mass Destruction. He previously served as deputy administrator and chief operating officer of the Coalition Provisional Authority in Baghdad, Iraq. His last assignment on active duty was as director of Strategic Plans and Policy for the Joint Chiefs of Staff. Sen. Susan Collins, R-Maine, one of the co-authors of the legislation that created the NCTC, said Redd “should be valuable” as the first leader of the NCTC. He will be responsible for ensuring that the agencies and elements of the intelligence community work together.

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AFGE Announces Winning INS Lawsuit

The American Federation of Government Employees (AFGE) announced that it won a $20 million initial payment in its 11-year battle with the agency formerly known as Immigration and Naturalization Services (INS) over unpaid overtime for thousands of federal employees. Payments totaling $20 million will be made on or before June 15 by the Department of Homeland Security, which absorbed INS when it was created, in compliance with an order to compensate more than 8,600 employees of the former INS who worked overtime but were improperly paid. Joe Goldberg, AFGE assistant general counsel, said the agency’s offer to settle the grievance for $7 million was rejected by AFGE. The union’s grievance was filed in June 1994.

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NTEU Closer to Customs Overtime Agreement

In other news concerning a union fighting for overtime pay, the National Treasury Employees Union (NTEU) announced last week that it won its own victory. NTEU has been working towards securing overtime pay for certain employees of the Bureau of Customs and Border Protection (CBP) who worked an unpaid sixth day each week during their training. Recently an arbitrator ruled in a grievance brought by NTEU that legacy Customs inspectors and canine enforcement officers—now part of the Department of Homeland Security—were improperly excluded from coverage under the Fair Labor Standards Act (FLSA). FLSA would have entitled them to time-and-a-half overtime pay for the sixth day of training at the Federal Law Enforcement Training Center at Glynco, Georgia.

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