T2 B21 Working Drafts Of Document Requests 1 Of 2 Fdr- Rough Draft Of Dod Document Request 790

Commission Sensitive But Unclassified DRAFT 6/27/03 4:54 PM

Department of Defense Document Request No. The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the U.S. Department of Defense (the "respondent") provide the Commission with I copies of the following documents no later than 2003, (the "production date"): ^l Office of the Secretary of Defense 1. Documents, briefing papers and presentations prepared or compiled by the Officet of the Secretary of Defense (OSD) and/or the Joint Chiefs of Staff (JCS) for use by trie-Secretary of -Deiense and/or the E the Ch -ft Joint Chiefs of Staff and/or th •Chiefp of Staff and/c -Cb *§* preparation for or to be prcscntcd^to the Principals' (includingthe "Small Group^or Deputies' Committee regarding •counterteVrorism, partiouIarl^al-Qa'ida, UsamabirTEaain (UBL), Afghanistan (including the Northern Alliance and/or the Taliban), Pakistan, Saudi Arabia, Yemen and Sudan, from January 1, 1998 through September 20, 200rregarding the a) The\ange of military responses considered after the 1998 East Africa embassy bombings, includmg the August 20, 1998 U.S. missile strikes in the Sudan and Afghanistan, includingXny significant after-action reports; b) The use of grotind troops in Afghanistan, including planning for the use of bases; changes in military readinbss, posture or capabilities that would enable the use of ground troops and/or commando uhks; or actions undertaken with respect to any of these; c) Attempts to target UBL ahd/or other senior al-Qa'ida leaders, including discussions of the use of cruise missile attacksXUnmanned Aerial Vehicles (UAVs), the arming of UAVs, or other military means; d) The use of Special Operations forceXagainst UBL and al Qa'ida, including in Afghanistan; e) JCS proposals for disinformation operations^ Afghanistan; f) Military retaliatory measures after the October 12>^000 attack on the U.S.S. Cole, including OSD and JCS recommendations; g) The May 2001 decision to raise the threat condition of U?Svtroops in the Gulf to Delta, and the July 2001 decision to lower that alert level; Commission Sensitive but Unclassified

h) OSD and JCS participation irTth<2001 interagency review of the arming of proxy forces to fight al-Qa'ida, and/or support for'Rorthern Alliance.

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Strategy papers, option papers, or recommendations papers prepared by Commander, U.S. ^ :"Sy) Special Operations Command and Commander, U.S. Central Command for tbeL^ecretafy-gp' 5"^/ Defense and/or Cliaiuiioii uf JCO regarding the use and readiness of JSOC forces against the Al-Qa'ida presence in ^Afghanistan or other countries from January 1, 1998 to December 31, 2001.

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Documents, briefing papers and presentations prepared by OSD and JCS onjcounterterrorism, •particnlari%_al-Qa'ida, UBL, Afghanistan (including the Northern Alliance and/or the ^ Taliban), Pakistan, Saudi Arabia, Yemen and Sudan for the Bush-Cheney Transition Team and incoming Bush-Cheney officials, including written conclusions from these meetings. -f- ,*% _.'' j§ f '^tt^^

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. OSD, JCS and CENTCOM documents regarding the dccisie^tp move the Fifth Fleet out of harbor in Bahrain in June 2001 in response to warnings of a possible terrorist attack. 5. Documents or correspondence related to efforts to increase the amount of "actionable" intelligence on the whereaBCrats^pfUBL or other senior Al-Qa'ida leaders, collateral damage at possible strike sites, or other infonTraUQnjthat would increase the chances of successful military strikes from January 1, 1998 to SeptemfeerJ 1, 2001. 6. Excerpts from the Secretary of Defense's Budget Justification Books sufficient to detail the scale and priority of counterterrorism efforts within DoD from 1998 through 2001. 7. Memoranda and summaries of meetings with Senior level officials from the United Kingdom's Ministry of Defense from January 1, 1998 to September 11, 2001, regarding joint military operations against al-Qa'ida and/or UBL in Afghanistan.

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8. The intelligence annex to the Ballistic Missile Defense Commission report, which Secretary

Rumsfeld often I'^foieiit-es icgaidin^his views on the organization, structure and effectiveness of the Intelligence Community.

^ 9. Documents pektecht^the establishment of the Undersecretary of Defense for Intelligence^^ part* lating tg_(a) the Undersecretary's authorities with respect to the Director of Central Inte ligence (DCI) and the DDCI for Community Management, (b) oversight of National Foreign Intelligence programs, (c) budget formulation responsibilities, (d) financial execution •esponsibilities, and (e) the establishment of intelligence priorities within the Department f Defense.

10. Reports, audits, findings and recommendations produced by OSD, JCS or the DoD Inspector General from January 1, 1998 to September 20, 2001 regarding: a) The effectiveness of DoD's counterterrorism and force protection activities. ^__L

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b) Management of the Defense Department's intelligence components. c) The relationship between, and the shared authorities of, the Secretary of Defe and the Director of Central Intelligence over intelligence activities. d) DoD's intelligence priorities, including the need for intelligence support for military operations. DoD's intelligence requirements concerning counterterrorism and force protection. 11. Correspondence from the Secretary of Defense notifying Congress of his intent to transfer, reprogram, or seek supplemental funds for counterterrorism or force protection within the Department of Defense and the Intelligence Community from January 1, 1995 to the present. 12. Correspondence between^OSlTbr the JpS^lmlthe DCI on (a) the conduct and effectiveness of counterterrorism intelligence collection and reporting, (b) future terrorist threats to the United States, (c) overseas force protection from terrorist threats, and (d) warning of terrorist attacks from January 1, 1998 to the present. 13. The agendas of meetings between the Secretary of Daoense or Deputy Secretary of Defens and the DCI, and any supporting material concerning (Zbunterterrorisnrand/or the ? U&L~ . jaaaagemont of tho Intelligence Coirennnitytfrom January 1 , 1 998 to the present. . ofcf 14U Directions, tasking, or guidance from the Secretary of Defense to intelligence agencies or \components, combatant commands and military departments regarding counterterrorism and force protection from January 1, 1998 to fee-present-. _ 1 n .. A 15 Significant finished intelligence products producecfj^y'&eiDefense Intelligence Agency (DIA) from January 1, 1998 to the present concerning • ncluding pocoiblc connections between al-Qa'ida and Iraq. 16. Documents detailing the intelligence requirerrients of the combatant command for counterterrorism and force protection activities from January 1, 1998 to September 20, 2001. The Commission requests that thejdtxuments requested abcwe be provided as soon as they are available, even though all reqp^Sted 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 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 , 2003

Daniel Marcus General Counsel