Draft 9/11 Commission Document Requests

TO: FROM: CC: DATE: RE:

Dan Marcus and Steve Dunne Gordon Lederman Kevin Scheid June 20, 2003 Document Requests to NSA, HPSCI, et al

As you know, earlier today I sent to you drafts of document requests for EOF and DCI. My cover memoranda neglected to mention that these drafts supercede the drafts that I gave to you on June 12,2003. Also on June 12, I gave to you draft document requests for NSA, HPSCI, et al. I amrattaching those drafts to this memorandum for your convenience. Kevin and I look forward touyou comments. Thank you.

Thomas H. Kean CHAIR

DOCUMENT REQUEST No. 1 NATIONAL SECURITY AGENCY (NSA)

Let H. Hamilton VICE C H A I R

Richard Ben-Veniste Max. Cleland Fred F. Fielding Jamie S. Gorelick Slade Gorton John Lehman Timothy J. Roemer James R. Thompson

Philip D. Zelikow E-^ V l V E DIRECTOR

The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the National Security Agency (NSA or the "respondent") provide the Commission with copies of the following documents no later than June 25, 2003 (the "production date"): 1. Documents prepared between 1995 and 2003 that set forth NSA's strategic plans for its SIGINT collection, analysis and management activities. 2. All SIGINT assessments from the Counter-terrorism Product Line (or its predecessor organization) from 1995 to 2003. 3. Approved requirements documents tasking NSA systems to collect and analyze information on terrorism from 1995 to 2003, particularly those - documents that tie to PDD-35. 4. Director NSA memoranda to senior leadership on the efforts to combat terrorism, the effectiveness of NSA's counterterrorism SIGINT efforts, _ counterterrorism management within NSA and resource issues., 5. Finished intelligence from the Regional Targets Office and the Middle East North Africa Branch regarding radical Muslim fundamentalism, terrorist organizations and support networks, UBL, al Qa'ida and terrorist threats to the United States from 1995 to 2003. 6. All CRITIC reports for the three months preceding the 1993 WTC bombing, Khobar Towers attack, Nairobi and Dar es Salaam bombings, the attempted Millennium attacks, the Cole attack, and the attacks of September 11th. 7. Any internal "after action" reports for the 1993 WTC bombing, Khobar Towers, Nairobi and Dar es Salaam bombings, the attempted Millennium attacks, the Cole attack, and the attacks of September 11th. 8. Any other documents, briefings, reports, emailFor memoranda that the Director NSA believes are important to the conduct of this investigation.

J

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. TI-:I. (202) 331-1060 i- -A '202' 2%-S^i

JbCl DOCUMENT REQUEST No. 3 /--2 If any requested documents are withheld from production, even temporarily, based on an alleged claim of privilege or for any other reason, the Commission requests that the respondent, as soon as possible and in no event later than the production date, identify and describe each such document or class of documents, as well as the alleged basis for not producing it, with sufficient specificity to allow a meaningful challenge to any such withholding. If the respondent does not have possession, custody or control of any requested documents but has information about where such documents may be located, the Commission requests that the respondent provide such information as soon as possible and in no event later than the production date. If the respondent has any questions or concerns about the interpretation or scope of these document requests, the Commission requests tharany such questions or concerns be raised with the Commission as soon as possible so that any such issues can be addressed and resolved prior to the production date. June 11,2003

Daniel Marcus General Counsel

Thomas H. Kean CHAIR

DOCUMENT REQUEST No. 3 DEPARTMENT OF DEFENSE

Lee H. Hamilton VICE C H A I R

Richard Bcn-Veniste Max Clcland Fred F. Fielding jamie S. Gordick ISlade Gorton

The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the U.S. Department of Defense (DoD or the "respondent") provide the Commission with copies of the following documents no later than June 24, 2003 (the "production date"): 1. The intelligence annex to the Ballistic Missile Defense Commission report, which Secretary Rumsfeld has referred to often regarding his views on the organization, structure and effectiveness of the Intelligence Community.

In Lehman TmothyJ. Roemcfirnes R. Thompson

lilip D. Zelikow -

DIRECTOR

2. Documents related to the establishment of the Undersecretary of Defense for Intelligence, particularly any documents relating to the Undersecretary's authorities with respect to the Director of Central Intelligence, oversight of National Foreign Intelligence programs, budget formulation responsibilities, financial execution responsibilities, and the establishment of intelligence priorities within the Department. 3. Correspondence from the Secretary of Defense notifying Congress of his mtent to transfer, reprogram, or seek supplemental funds for counterterrorism activities within the Department of Defense and the Intelligence Community from 1995 to 2003. 4. Correspondence (letters, email, memoranda) between any entity of the Office of the Secretary of Defense and the DCI on the conduct and effectiveness of counterterrorism intelligence collection and reporting, future terrorist threats to the United States, overseas force protection from terrorist threats and warning of terrorist attacks from 1995 to 2003. 5. Documents identifying the strategies, operations, and resources of the Combatant Commanders (in particular CENTCOM, PACOM, SOUTHCOM, EUCOM, SOCOM) dedicated to counterterrorism and force protection activities from 1995 to 2003. 6. Documents identifying the strategies, operations, and resources of the_ military departments, particularly their intelligence components, dedicated to counterterrorism and force protection activities from 1995 to 2003.

J

7. Direction from the Secretary of Defense to the NSA, DIA, NIMA, or NRO regarding counterterrorism activities and force protection, including the collection and analysis strategies on the terrorist threat to the United States •i-i-i. (202) 331-4060 i \ (202) 296-5545

.' DOCUMENT REQUEST No. 3 'Pase 2 from 1995 to 2003. 8. Directions, taskings or guidance from the Secretary of Defense to the Defense HUMINT Service regarding its counterterrorism and force protection efforts from 1995 to 2003. 9. Reports, audits, findings and recommendations of the Joint Staff regarding the effectiveness of the Department's counterterrorism and force protection activities from 1995 to 2003. 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, everr temporarily, based on an alleged claim of privilege or for any other reason, the Commission requests that the respondent, as soon as possible and in no event later than the production date, identify and describe eaeh such document or class of documents, as well as the alleged basis for not producing it, with sufficient specificity to allow a meaningful challenge to any such withholding. If the respondent does not have possession, custody or control of any requested documents but has information about where such documents may be located, the Commission requests that the respondent provide such information as soon as possible and in no event later than the production date. If the respondent has any questions or concerns about the interpretation or scope of these document requests, the Commission requests that any such questions or concerns be raised with the Commission as soon as possible so that any such issues can be addressed and resolved prior to the production date. June 10,2003

J

Daniel Marcus General Counsel

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

SSCI DOCUMENT REQUEST No. 1 The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the Senate Select Committee on Intelligence (SSCI or the "respondent") provide the Commission with copies of the following documents no later than June 25, 2003 (the "production date"): 1. The Classified Annex to the Senate's Intelligence Authorization Bill for fiscal year 1990 through 2003.

Slade Gorton John Lehman

2. The Classified Annex to the Conference Report of the Intelligence Authorization-Act for fiscal year 1990 through 20~03.

Timothy J. Roemer James R. Thompson

Philip D. Zelikow " l V E DIRECTOR

3. The Classified Schedule ofAuthorization of the Senate's Intelligence Authorization Bill for fiscal year 1990 through 2003. 4. Classified Annexes to the Senate bills for supplemental appropriations for the National Foreign Intelligence Program for counterterrorism activities from fiscal year 1990 through 2003. 5. Letters of approval / disapproval to the DCI regarding reprogramming requests, supplemental funding requests or requests for releases from the CIA reserve for contingencies regarding counterterrorism activities from 1990 to 2003. 6. All reports of the SSCI's Technical Advisory Group (TAG) regarding counterterrorism efforts of the Intelligence Community, the effectiveness of human source collection, signals collection, covert action and the effectiveness of Intelligence Community management. 7. Correspondence from 1990 to 2003 between the SSCI and the DCI, Secretary of Defense, Secretary of State, Secretary of Treasury regarding the Intelligence Community's counterterrorism efforts, including efforts against UBL, al Qa'ida, terrorist financing net-works and efforts with foreign partners to collect intelligence on terrorist targets. , 8. 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. TI:I. (202) 331-4060

DOCUMENT REQUEST No. 3 2

9. Reports from staff and/or member investigations or audits from 1995 to 2001 of the effectiveness of the Intelligence Community's counterterrorism efforts; the effectiveness of CIA's human source collection efforts; and the effectiveness of NSA's signals intelligence efforts. 10. Correspondence between the Majority Leader of the Senate and 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.

3

If any requested documents are withheld from production, even temporarily, based on an alleged claim of privilege or for any other reason, the Commission requests that the respondent, as soon as possible and in no event later than the production date, identify and describe each such document or class of documents, as well as the alleged basis for not producing it, with sufficient specificity to allow a meaningful challenge to any such withholding. If the respondent does not have possession, custody or control of any requested documents but has information about where such documents may be located, the Commission requests that _the respondent provide such information as soon as possible and in no event later than the production date. If the respondent has any questions or concerns about the interpretation or scope of these document requests, the Commission requests that any such questions or concerns be raised with the Commission as soon as possible so that any such issues can be addressed and resolved prior to the production date. June 11,2003

3

Daniel Marcus General Counsel

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

HPSCI DOCUMENT REQUEST No. 1 The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the House Permanent Select Committee on Intelligence (HPSCI or the "respondent") provide the Commission with copies of the following documents no later than June 25, 2003 (the "production date"): 1. The Classified Annex to the Conference Report of the Intelligence Authorization Act for fiscal year 1990 through 2003.

Slade Gorton John Lehman—

2. The ClassifiedjSchedule of Authorization to the Intelligence Authorization Act for fiscal year 1990 through 2003.

Timothy J. Roemer James R. Thompson

Philip D. Zclikow DIRECTOR

3. Letters of approval / disapproval to the DCI or Secretary of Derfense regarding reprogramming requests, supplemental funding requests_or requests for releases from the CIA reserve for contingencies regarding counterterrorism activities from 1990 to 2003. 4. Correspondence from 1990 to 2003 between the HPSCI and the DCI, Secretary of Defense, Secretary of State, Secretary of Treasury regarding the Intelligence Community's counterterrorism efforts, including efforts against UBL, al Qa'ida, terrorist financing networks, efforts with foreign — partners to collect intelligence on terrorist targets. 5. 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 counter-terrorism efforts. Please provide access to the transcripts of these counterterrorism hearings. 6. 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. 7.

J

Correspondence between the Speaker of the House and 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 Ifiey areji vail able, even though all requested documents may not be provided at the n:i. (202) 331-4060 i v\) 296-55-15

CI DOCUMENT REQUEST No. 3 Pa if. 2 same time, through means of a "rolling" production. If any requested documents are withheld from production, even temporarily, based on an alleged claim of privilege or for any other reason, the Commission requests that the respondent, as soon as possible and in no event later than the production date, identify and describe each such document or class of documents, as well as the alleged basis for not producing it, with sufficient specificity to allow a meaningful challenge to any such withholding. If the respondent does not have possession, custody or control of any requested documents but has information about where such documents may be located, the Commission requests that the respondent provide such information as soon as possible and in no event later than the production date. If the respondent has any questions or concerns about the interpretation or scope of these document requests, the Commission requests that any such questions or concerns be raised with the Commission as soon as possible so that any such issues can be addressed and resolved prior to the production date. June 11, 2003

Daniel Marcus General Counsel

Thomas H. Kean CHAIR Lee H. Hamilton VICE CHAIR Richard Ben-Veniste Max Cleland Fred F. Fielding Jamie S. Gorelick Slade Gorton John Lehman Timothy J. Roenier James R, Thompson

Philip D. Zclikow DIRECTOR

SAC DOCUMENT REQUEST No. 1 The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the Senate Appropriations Committee (SAC or the "respondent") provide the Commission with copies of the following documents no later than June 25, 2003 (the "production date"): 1. Classified Annex to the Senate Appropriations Bill regarding the National Foreign Intelligence Program and intelligence related activities from 1990 to 2003. 2. Classified Annexes to the Senate Supplemental Bills for the National Foreign intelligence Program for counter-terrorism activities from fiscal year 1990 through 2003. 3. Letters of approval / disapproval to the DCI regarding reprogramming requests, supplemental funding requests or requests for releases from the CIA'reserve for contingencies regarding counterterrorism activities from 1990 to 2003. 4. Correspondence between the Committee and the DCI, Secretary of Defense, Secretary of State, or Secretary of Treasury regarding counterterrorism activities from 1990 to 2003. 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, even temporarily, based on an alleged claim of privilege or for any other reason, the Commission requests that the respondent, as soon as possible and in no event later than the production date, identify and describe each such document or class of documents, as well as the alleged basis for not producing it, with sufficient specificity to allow a meaningful challenge to any such withholding. If the respondent does not have possession, custody or control of any requested documents but has information about where such documents may be located, the Commission requests that the respondent provide such information as soon as possible and in no event later than the production date. If the respondent has any questions or concerns about_the jnterpretation or scope of these doc&menrrequests, the Commission requests that any such questions or TP-.I. (202) 331-J060 i \ ) 2V6-5545

CI DOCUMENT REQUEST No. 3 Pass 2

concerns be raised with the Commission as soon as possible so that any such issues can be addressed and resolved prior to the production date. June 11, 2003

Daniel Marcus General Counsel

Thomas H. Kein CHAIR Lee H. Hamilton VICE CHAIR

Richard Ben-Veniste Max. Cleland Fred F. Fielding Jamie S. Gorelick

HAC DOCUMENT REQUEST No. 1 The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the House Appropriations Committee (HAC or the "respondent") provide the Commission with copies of the following documents no later than June 25, 2003 (the "production date"): 1. Classified Annexes to the House Appropriations bills regarding intelligence and intelligence related activities from 1990 to 2003.

Sfodc Gonon John Lehman Timothy J. Roemer James R. Thompson

r'hilip D. Zclikow DIRECTOR

2. Letters of approval / disapproval to the DCI on reprogramming requests, —supplemental funding requests ofrequests for releases from the CIA reserve for-contingencies regarding counter-terrorism activities from 1990 to 2003. 3. Classified Annex to the House Supplemental Appropriations bills for the Department of Defense or the National Foreign Intelligence Program for fiscal year 1990 through 2003. 4. Correspondence between the Committee and the DCI, Secretary of Defense, Secretary of State, or the Secretary of Treasury regarding the execution of the Administration^ counter-terrorism policy or programs from 1990 to 2003. ~ 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, even temporarily, based on an alleged claim of privilege or for any other reason, the Commission requests that the respondent, as soon as possible and in no event later than the production date, identify and describe each such document or class of documents, as well as the alleged basis for not producing it, with sufficient specificity to allow a meaningful challenge to any such withholding.

1

If the respondent does not have possession, custody or control of any requested documents but has information about where such documents may be located, the Commission requests that the respondent provide such information as soon as possible and in no event later than the production date. If the respondent has any questions or concerns about the interpretation or scope of these document requests, the Commission requests that any such questions or corfcerns ,5e raised with the Commission as soon as possible so that any such issues i i . i . (202) 331-4060 i \ ) 296-5343

XTI DOCUMENT REQUEST No. 3 Page 2 can be addressed and resolved prior to the production date.

June 11, 2003

/• *

•J

Daniel Marcus General Counsel