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ROOM H-405. U.S. CAPITOL 1202)225-1121

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PATR,CKB. MURRAY, STAFF DIRECTOR i; CHRISTINE HEALEY, DEMOCRATIC COUNSEL

U.S. HOUSE OF REPRESENTATIVES

RICHARD M. BURR, NORTH CAROLINA TERRY EVERETT, ALABAMA ELTON GALLEGLY, CALIFORNIA MAC COLLINS, GEORGIA

PERMANENT SELECT COMMITTEE ON INTELLIGENCE

JANE HARMAN, CALIFORNIA, RANKING DEMOCRAT ALCEE HASTINGS, FLORIDA SILVESTRE REYES, TEXAS LEONARD L. 8OSWELL. IOWA COLLIN C. PETERSON. MINNESOTA ROBERT E. (BUD) CRAMER, JR.. ALABAMA ANNA G, ESHOO, CALIFORNIA RUSH 0. HOLT, NEW JERSEY C.A. DUTCH RUPPERSBERGER, MARYLAND

WASHINGTON, DC 20515-6415

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EX-OFFICIO MEMBERS: J. DENNIS HASTERT. SPEAKER NANCY PELOSI, DEMOCRATIC LEADER

Mr. Dan Marcus General Counsel, National Commission on Terrorist Attacks Upon the United States 301 7th Street SW, Room 5125 Washington, DC 20407

BY HAND DELIVERY TO: 2100 K Street, Washington, DC

Dear Dan: Pursuant to request by Ms. Dianna Campagna, attached please find a copy of the deposition testimony (with additional commentary) of Dale L. Watson, taken on August 22, 2002. As has been the case with previously delivered documents, please be advised that these documents may not be copied and must be returned to the Committee when you determine that your need for continued access is no longer required. Likewise, these documents are also protected from public disclosure, pursuant to the provisions of the "Freedom of Information Act." I hope that you have found our responses to your requests for information useful for your purposes. Please do not hesitate to contact me in the event I can be of additional assistance.

Michael R. Fogs Counsel

' PORTER J. GOSS, FLORIDA, CHAIRMAN DOUGLAS K. BEREUTER, NEBRASKA, VICE CHAIRMAN SHERWOOD L. BOEHLERT, NEW YORK JIM GIBBONS, NEVADA RAY LAHOOD, ILLINOIS RANDY "DUKE1 CUNNINGHAM, CALIFORNIA PETER HOEKSTRA, MICHIGAN RICHARD M. BURR, NORTH CAROLINA TERRY EVERETT, ALABAMA ELTON GALLEGLY, CALIFORNIA MAC COLLINS, GEORGIA JANE HARMAN, CALIFORNIA, RANKING DEMOCRAT ALCEE HASTINGS, FLORIDA SILVESTRE REYES, TEXAS LEONARD L. BOSWELL, IOWA COLLIN C. PETERSON, MINNESOTA ROBERT E. (BUD) CRAMER, JR., ALABAMA ANNA G, ESHOO, CALIFORNIA RUSH D. HOLT, NEW JERSEY C.A. DUTCH RUPPERSBERGER, MARYLAND

OOM H-405, U.S. CAPITOL (202)225-4121 PATRICK B. MURRAY, STAFF DIRECTOR L CHRISTINE HEALEY, DEMOCRATIC COUNSEL

U.S. HOUSE OF REPRESENTATIVES PERMANENT SELECT COMMITTEE ON INTELLIGENCE WASHINGTON, DC 20515-6415

December 1, 2003

EX-OFFICIO MEMBERS: J. DENNIS HASTERT, SPEAKER NANCY PELOSI, DEMOCRATIC LEADER

Mr. Dan Marcus General Counsel, National Commission on Terrorist Attacks Upon the United States 301 7th Street SW, Room 5125 Washington, DC 20407

BY HAND DELIVERY TO: 2100 K Street, Washington, DC

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Dear Dan:

I am writing to follow up on my letter of November 6th forwarding information in response to the Commission's letter dated August 12, 2003 to Chairman Goss requesting the House Permanent Select Committee on Intelligence (HPSCI) provide certain information related to the Commission's ongoing investigation into the relevant facts and circumstances relating to the terrorist attacks of September 11, 2001. As I stated in my letter, we would be forwarding responsive documents to you as soon as we collected them. Accordingly, attached please find additional documents responsive to your requests. Specifically, attached please find in response to Request 1 of your letter (requesting letters of approval/disapproval to the DCI or Secretary of Defense regarding reprogramming requests, supplemental funding requests or requests for releases from the CIA reserve for contingencies regarding counterterrorism activities from 1990-2003) all DCI reprogramming requests from 1999 to the present. Additionally, attached in response to Request 2 of your letter (requesting correspondence from 1990-2003 between the HPSCI and the DCI, Secretary of Defense, Secretary of State, and Secretary of Treasury regarding the Intelligence Community's counterterrorism efforts) please find all responsive classified correspondence in our database from 1999 through the present. Finally, attached in response to Request 5 of your letter (requesting correspondence from 1995-2003 between the HPSCI and the DCI, Secretary of Defense and the Secretary of State regarding the conduct of the Administration's counterterrorism efforts and the effectiveness of intelligence efforts) please find all responsive classified correspondence in our database from 1999 through the present. We will continue to search for documents responsive to your requests and will continue to forward responsive information to you as it becomes available.

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Please be advised that these documents remain the property of the House Permanent Select Committee on Intelligence. As such, these documents may not be copied and must be returned to the Committee when you determine that your need for continued access is no longer required. Likewise, these documents are also protected from public disclosure, pursuant to the provisions of the "Freedom of Information Act." Please do not hesitate to contact me if you have any questions, comments or concerns.

lichael R. Fog; Counsel

Thomas H. Kean CHAIR

October 7, 2003

Lee H. Hamilton VICE CHAIR Richard Ben-Veniste Max Cleland Frederick F. Fielding Jamie S. Gorelick

Mr. Patrick Murray Chief Legal Counsel Permanent Select Committee on Intelligence U.S. House of Representatives Washington, DC 20515-6415 Via Secure Fax: (202) 225-8624

Slade Gorton John F. Lehman Timothy J. Roemer James R. Thompson

Philip D. Zelilcow EXECUTIVE DIRECTOR

Dear Mr. Murray: The National Commission on Terrorist Attacks Upon the United States is requesting that the House Permanent Select Committee on Intelligence provide copies of the closed hearing and briefing transcripts listed below: • •

Transcript of June 11, 2002, briefing by Clarke Full Hearings on June 18, 2002, and June 19, 2002, by Hayden, Mueller and Tenet • Redacted June 18, 2002, and June 19, 2002, Hearings • Hearing on July 18, 2002, on "Technical Collection" • Hearing on July 23, 2002, on "Terrorist Financing" • Hearing on July 25, 2002, on "Analysis and Language Issues" • Hearing on September 12, 2002 • Hearing on the afternoon of September 26, 2002, on "Moussaoui/Phoenix EC" and the redacted Watson deposition • Hearings on October 19, 2002, and October 10, 2002, concerning a sensitive set of issues and concluding portion of Watson deposition If you can readily locate them, please include the staff statements and prepared testimonies that are associated with each of these hearing records. Your consideration and attention to this matter is greatly appreciated. Sincerely,

P h i l i p Zelikow Executive Director

301 7'1' Street SW, Room 5125 Washington, DC 20407 T 202.331.4060 F 202.296.5545 www.9-1 lcoinmission.gov

Thomas H. Kean CHAIR Lee H. Hamilton VICE CHAIR Richard Ben-Veniste Max Cleland Frederick F. Fielding Jamie S. Gorelick

September 4, 2003

The Honorable Porter J. Goss Chairman, Permanent Select Committee on Intelligence H-405, The Capitol House of Representatives Washington, DC 20515 Dear Mr. Chairman:

Slade Gorton John F. Lehman Timothy J. Roemer James R. Thompson

Philip D. Zelikow EXECUTIVE DIRECTOR

Your cooperation in facilitating the provision of the Joint Inquiry report as well as interview memoranda to the National Commission on Terrorist Attacks Upon the United States (the "Commission") is much appreciated. We request your help with direct access to some additional materials from the Joint Inquiry: copies of the transcripts of closed hearings, as well as an internal staff research paper. The excellent work done by the Joint Inquiry remains of considerable importance to the Commission's own efforts. We understand that these closed hearing transcripts remain the property of the committees, and we are prepared to work with you to avoid unwanted precedents. We would request that you merely loan the transcripts to us for a period of time (the duration of the Commission), and we would return them to you when the Commission concludes its work. Hence they would at all times remain the property of the committees and subject to their rules on access to them. We would maintain strict limitations on staff access restrictions to these transcripts, consistent with access guidelines previously provided to Staff Director Eleanor Hill. We would not quote from the transcripts in any Commission product for publication, classified or unclassified, without the express permission of the HPSCI and SSCI. We also hope you can grant us access to a research paper prepared for the Joint Inquiry staff by Dan Byman on the subject of allegations surrounding Bin Laden and Sudan in the mid-1990s. Byman now works for the Commission. It would be a significant burden to force him and us to recreate a paper that he has already written, after extensive research in documents that we would have to reassemble for this purpose.

301 7"1 Street SW, Room 5125 Washington, DC 20407 T 202.331.4060 F 202.296.5545 www.9-1 lcommission.gov

The Honorable Porter J. Goss September 4, 2003 Page 2

Thank you for your prompt attention to these matters. Please feel free to contact Executive Director Philip Zelikow (202-331-4060) should you have further questions. With best regards,

Thomas H. Kean Chair cc: The Honorable Jane Harman, Ranking Member

Lee H. Hamilton Vice Chair

Thomas H. Kean CHAIR Lee H. Hamilton VICE CHAIR Richard Ben-Veniste Fred F. Fielding Jamie S. Gorelick

February 2, 2004 Patrick Murray Staff Director and Chief Counsel Permanent Select Committee on Intelligence H-405 Capitol Building Washington, D.C. 20515-6415 Dear Mr. Murray:

Slade Gorton Bob Kerrey John F. Lehman Timothy J. Roemer James R. Thompson

Philip D. Zelikow EXECUTIVE DIRECTOR

As you know, the statute that created the National Commission on Terrorist Attacks Upon the United States (Public Law 107-306) directs the Commission to investigate the facts and circumstances surrounding the September 11, 2001 terrorist attacks, including the nation's preparedness for, and immediate response to, those attacks, as well as to evaluate the lessons learned from those attacks and to make recommendations for preventing future attacks. As part of its investigation, the Commission requests interviews with the following members of the Select Committee's staff during the weeks of February 16 or February 23, 2004, to be held at the Commission's K Street offices, if possible. Please provide a proposed date and time for each interview no later than February 11, 2004. The anticipated length of each interview is two hours. 1. Patrick Murray 2. Suzanne Spaulding 3. Wyndee Parker The Commission anticipates that these interviews will involve the discussion of classified information. The topics to be discussed include (a) Congressional oversight of intelligence activities related to counterterrorism; (b) the management of the Intelligence Community; and (c) the intelligence-related events and circumstances leading up to the attacks of September 11, 2001. The Commission reserves the right to re-interview these individuals based on the results of the requested interviews and the needs of the Commission. Thank you for your cooperation in this matter.

Daniel Marcus General Counsel

301 7th Street SW, Room 5125 Washington, DC 20407 cc: T 202.331.4060 F 202.296.5545' www.9-llcommission.gov

Suzanne Spaulding, Minority Counsel

26 Federal Plaza Suite 13400 New York, NY 10278 T 212.264.1505 F 212.264.1595

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Thomas H. Kean CHAIR Lee H. Hamilton VICE CHAIR

August 12, 2003

Frederick F. Fielding

The Honorable Porter J. Goss Chairman Permanent Select Committee on Intelligence H-405 The Capitol Washington, DC 20515-6415

Jamie S. Gorelick

Dear Mr. Chairman:

Richard Ben-Veniste Max Cleland

Slade Gorton John F. Lehman Timothy J. Roemer James R. Thompson

Philip D. Zelikow EXECUTIVE DIRECTOR

In accordance with Section 604 (a)(l)(B)(vii) of Public Law 107-306, the National Commission on Terrorist Attacks Upon the United States (the "Commission") has the responsibility to investigate "relevant facts and circumstances relating to the terrorist attacks of September 11, 2001," including "the role of congressional oversight and resource allocation." The Commission respectfully requests the Permanent Select Committee on Intelligence (HPSCI) to provide the Commission with copies of the following documents by September 2, 2003: 1. Letters of approval/disapproval to the DCI or Secretary of Defense regarding reprogramming requests, supplemental funding requests or requests for releases from the CIA reserve for contingencies regarding counterterrorism activities from 1990 to 2003. 2. Correspondence from 1990 to 2003 between the HPSCI and the DCI, Secretary of Defense, Secretary of State, and Secretary of Treasury regarding the Intelligence Community's counterterrorism efforts, including efforts against UBL, al Qa'ida, terrorist financing networks, and efforts with foreign partners to collect intelligence on terrorist targets. 3. A list—including date, specific subject, witnesses, and member participation—of all Committee hearings from 1995 through 2003. Please identify those that specifically focused on the Intelligence Community's counterterrorism efforts. Please provide access to the transcripts of these counterterrorism hearings. 4. Reports from staff and member investigations or audits from 1995 to 2001 into the effectiveness of the Intelligence Community's counterterrorism efforts; the effectiveness of CIA's human source collection efforts; the effectiveness of NSA's signals intelligence efforts. 301 7lh Street SW, Room 5125 Washington, DC 20407 T 202.331.4060 F 202.296.5545 www.9-llcommission.gov

The Honorable Porter J. Goss August 12, 2003 Page 2

5. Correspondence by the HPSCI (and House leadership through HPSCI channels) with the DCI, Secretary of Defense, Secretary of State from 1995 to 2003 regarding the conduct of the Administration's counterterrorism efforts and the effectiveness of intelligence efforts. The Commission requests that the documents requested above be provided as soon as they are available, even though all requested documents may not be provided at the same time, through means of a "rolling" production. If any requested documents are withheld from production, the Commission requests that you identify such documents, so that we may discuss the matter with you further. If you have any questions or concerns about the interpretation or scope of these document requests, please contact General Counsel Dan Marcus (3314065) as soon as possible so that any such issues can be addressed and resolved. With best regards,

Thomas H. Kean Chair cc:

The Honorable Jane Harman Ranking Member

Lee H. Hamilton Vice Chair