T5 B1 Bach- Robert Fdr- Entire Contents- Questions- Emails- Letters- Subpoenas- Webprints And Press Reports (1st Pgs For Reference) 078

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QUESTIONS FOR BOB BACH

Previous immigration experience When and how did you come by yourV»b at INS ? what were you told your job would entail ? years of employmentX/^V *• Cit what were the high priorities at the time you became Executive Associate Commissioner for Policy and Planning? i^~/toJ$y^£/>dy/cpb\? Who did you answer to on a day to day basis at Please describe your job, who reported to you and who you worked with on a day* to day basis within the INS? in other departments? Private sector?

£^ Priorities. What were the policy priorities of INS during your tenure? (Citizenship USA, SW border, employer sanctions, fraud schemes, anti-smuggling, OSADEF, JTTF (but did it kicking and screaming). • What were the Commissioner's Interior enforcement priorities during the years you were in office? Where did CT fall in that picture? • What about technology, information sharing, and intelligence? • Did you sign off on all strategies and priorities and budget allocations? DID YOU EVER SIGN A COUNTERTERRORISM POLICY DOCUMENT OF ANY KIND? Meissner reorganization. • What is your view of the Meissner 1994 regfrganization, whereby an isolated policy shop was created and the offices of Programs and Field Operations. Were, e^ ^x/^*^) there any unintended consequences (investigation/interior enforcement had a /UJU ^ M-^'W / • What were the budget priorities? o Did you ever seek out DOT, OMB or Congress to provfde more funding on CT? (\Jff^C o To what extent was Congress, from yoi/vantage point, interested in the INS playing a rolejn CT considering INS exclusive jurisdictionj»er Title 8? **"'"/ / / '

* o rnj ywi

'olicy Council. Who instituted it? Wha'tX^aVits purpose^ Whattvalue did it provide? provide minutes). ^r* 'Jfi6 Relationship with DOJ:

• • • • •

Their priorities? Describe relationship? Did you participate in the INS Weeklies held by the DAG and AG? Please describe them. What DOJ helped accomplish. What you wanted to do that DOJ discouraged.

Relationship with DOS: Relationship with DOD: Relationship with the White House: • Who work with? • What issues? • Work with Dick Clarke. What issues? When? What taskings? How did you respond to the taskings? • What involvement with the CSGs? • How did you receive PDDs? (9,39,62) Relations with the CT Coordinator, later the NSU: • Did you have any contact with the National Security or Lookout Units? Special interest cases? • As head of policy and planning, did you ever review or request a CT strategy! Ever see or hear from Mike Pearson on the strategy that Cadman provided to him •

JTTFs. What did you see, if any, of the value to the INS of INS agents being detailed to the JTTFs? Feb 1997 from DM to DOJAAAG adopting recommend to fill detailee positions on task forces. Discusses value of INS in dealing with travel/immigration fraud and IN A law in removing terrorists and 6 removals in NYC due to INS participation. • CIA. What value to the INS of INS agents being detailed to the CIA?

Relations with Congress. • Their priorities • What Congressional members did you think it important to take heed? • Helpful/unhelpful. Relations with the private sector while at the INS • Please describe your relations with the airline industry • Please describe your relations with Colleges/universities • Please describe your relations with the foreign student association. • Please describe your relations with Border communities • Did you meet with any of these groups ever? What did you consider your role to be in regard to their interests?

Information avenues and intelligence. • •

Did you receive intelligence briefings? Please explain the roles of each of these units within the INS: o National Security Unit o Lookout Unit o Intelligence Unit *""" o The difference between the office of programs and office of field operations and office of policy and planning.

Role of CT events on INS policy and priorities. • • • o

What role did you see for the INS in counterterrorism in the years you? What was your view of the INS role in national security issues? Whose responsibility was CT, from your vantage point? Were you aware of UBL as a threat? Did anyone ever discuss with you UBL as a threat? That the INS had a role to play on the borders and in internal enforcement b/c of INS exclusive Title 8 authority? o Were you aware of PDD-3 9 requiring INS to exclude terrorists? What was your response to that requirement? What about PDD-62? Show documents. o Strategies. o Do you recollect what, if any, CT strategies were drafted? • 1986 Contingency plan for Alien Terrorists and Undesirables • 1995 Draft CT Strategy outline from ParkBramhill to Greg Bednaj-z • 1997 Budget Initiative Development Teams, Phase 2-Strategy Development, Priority Gocdft^: Strengtheji^Efforts to Counter International Terrorism. o Who was tasked with CT policy? Why didn't you take CT policy up?

Migrant Trafficking Coordination Center. In FebJZOOO, JDQJ contacted James Castello -'' stating that the INS was not being responsive to setting up an interagency center on alien smuggling, and the group of agencies involved were considering moving on without them. Expedited Removal. Why did the policy council decide not to expand expedited removal to EWIs (SEE policy council meeting tab). Student tracking. • What was your role in CIPR1S? • Do you recall a March 1996 presentation on CIPRIS whereby the results of an interagency task force were presented, concluding that the current student tracking system had to be scrapped as it was beyond repair, and a new system was proposed which included a biometric element? (Task force had found 1000s of fraudulent I-20s, corrupt designated student officers, and language schools selling

• • • • • • • •

I-20s.) Do you recall your response to the presentation? (Said didn't like enforcement element, biometrics, and wanted more options.) xWhat did you do on CIPRIS when became statute in September 1996 (Signed pilot in Oct 1996). * Do you recall a second briefing in August 1998, attended on the proposal to go develop the program nationally? What was your reaction/tasking? What did you see as the purpose/mission of CJP_RJS? What the statutory mandate that CIPRIS was in part a CT tool? Was that a legitimate purpose from your perspective? /(If the schools and other participants were supportive of the program)) What was your view of why the development of the national SEVIS program never got off the ground? Did you ever meet with Dick Clarke on CIPRIS or SEVIS? (Wyrsch remembers she and DM being called to a mtg with Dick Clarke.) Did you ever meet with Marlene Johnson (NAFSA)? Terry Hartle of ACE? ^ What were their views? Did you share their views? Did either Marlene Johnson or Terry Hartle or anyone else, including the Commissioner or Deputy Commissioner, ever request or discuss with you the possibility of the task force being run by someone other than Mr. Berez? Did you ever attend NAFSA or ACE meetings to speak about student tracking?



Please describe the conversation you had with Tom Cook regarding Mr. Berez^s" removal from the task force? • How would you describe the progress of the task force after Mr. Berez's removal? • Ever have any discussions about student tracking with Senators or Congressmen? ^Abraham on fee, JuddGregg on repeal?)

Entry-exit. • What was your view of the value of an entry/exit system to the enforcement role of INS? • Did you consider the overstay problem to be one requiring an answer by the INS? • What was the priority for entry/exit? (hi Sept 99, the Canadian /American Border i i(i, Trade Alliance stated that DM "thanked CAN?AM BTA for its pivotal role n(L .V™ . in.. .delaying the implementation of Section 110" IIRIRA^ y /£, & • S£CiiflnJJ-0-ef the Illegal Immigration Reform and Immigrant Responsibility Act \sfJ~/n( \f 1996 directed the AG to develop an automated entry and exit program to Q/ collect records every alien arriving and departing the US. TheJune 2000J)ata Management Improvement Act directed integration of DOJ/DOS electronic arrival and departure information, beginning in 2003. The Visa,Waiver Pilot Act of 2000 required collected entry/exit information from aliens provided a waiver by the Act. • What were your views of the value of an entry-exit program? • Why did you not come up with an implementation plan? (Congress required it be provided by January 1996)

\t did you publi





Congressional appropriations documents show that in 1996 $20 million was given for "automated border lookout systems including piloting an exit control system". In 1997, another million was added to the project, hi 1998, another $20 million. That's $41 million over three years. The Sept 1999 conference notes of a Canada/America Business and Trade Alliance where it says: Meissner "thanked CAN/AM BTA for its pivotal role in educating Congress on the realities and needs of the Northern Border and especially in its involvement in convincing Congress to delay the implementation of Section 110 and the inclusion that Trade and Travel are not to be impeded or delayed. Further CAN/AM BTA continues its commitment for repeal of Section 110 at the land borders." Did you advise or agree with Meissner to delay? Or repeal?

INS public image. How do you respond to the criticism Ipygle^ at the INS that it was the "the agency who refused to take itself seriously." "INS never wanted to be held responsible." Enforcement. • •

Please describe the rationale for the allocation of immigration enforcement resources: 10,000 Border Patrol, 5,000 Inspectors, and 2,000 special agents. ftff Your interior enforcement strategy/did not mention counterterrorism. Why? A*

9/11. Could the INS have helped prevent^ 9/11? Admission periods. Our understanding is that at one point, the length of stay of a visitor was within the discretion of the POE inspector based on stated length of stay, amount of money in one's pocket, stated intent while in the US. At some point that changed. When? Why? By whom? How did admission times for visitors get set? What types of information were taken into account when making the decisions? What national security information? Customer Service lines. Did you ever make a decision as to how long the wait should be for a visitor to get through an inspection line at a POE? If yes, what was the decision? When? Why? Was there Congressional pressure? White House pressure? DAG oversight. In the late 90s, Congress in its Approps language was complaining bitterly about the management of INS: • the embarrassment of Citizenship USA where 263,000 aliens were naturalized without having been adequately screened by the FBI, and subsequent screening showed 77,000 had a criminal history; • $800 million from 1995-97 "squandered" on technology upgrades like automated I-94s that didn't happen, an IDENT system that didn't talk to the FBI's criminal

database or from location to location, and only held 5,000 names and was appropriated $85 million; barely any betterment of the situation on the SW border despite a near doubling in agents. In the end, Congress wanted more DAG oversight of INS. Did you notice an increase in oversight from Jamie Gorelick? In what areas? Did you ever have discussions with her on counterterrorism?

4)7/01/99 Committee on the Judiciary - Bach Statement

Page 1 of 12

^MV

TESTIMONY OF ROBERT BACH EXECUTIVE ASSOCIATE COMMISSIONER FOR POLICY AND PLANNING IMMIGRATION AND NATURALIZATION SERVICE BEFORE THE HOUSE JUDICIARY COMMITTEE SUBCOMMITTEE ON IMMIGRATION AND CLAIMS CONCERNING THE INS INTERIOR ENFORCEMENT STRATEGY Thursday, July 1, 1999 9:00 a.m. 2226 Rayburn House Office Building

Good morning Mr. Chairman, Congresswoman Jackson-Lee, and Members of the Subcommittee. Thank you for this opportunity to appear before you today to discuss the new Interior Enforcement Strategy of the Immigration and Naturalization Service (INS). Interior enforcement is one of INS' primary strategies for gaining control over illegal immigration, reducing the size of the illegally-resident population, and restoring public trust in the immigration system. Our new strategy seeks to conduct old business in new ways and to achieve several new objectives. We have learned from the 12 years since the Immigration Reform and Control Act of 1986 (IRCA) that a new approach is needed that produces both more effective law enforcement and greater assurance that the rights of all individuals will be protected. INS is committed to preserving the integrity of the legal immigration system and reducing the undocumented immigrant population in the United States while at the same time building community partnerships, promoting public safety and trust, and ensuring that all individuals can exercise their rights under the law. The INS has spent much of the last six years focusing its enforcement efforts on restoring control to the Southwest border, building new capacities with the Service, and removing those who have entered the U.S. illegally or committed crimes after they have been admitted legally. We also recognized that interior enforcement had to be dramatically improved. INS engaged in several activities that strengthened interior enforcement activities. Two years ago, INS recognized that doing more of the same was not enough. Building on the success of the INS border enforcement strategy, the agency began to reexamine its capabilities in its priorities for enforcement in the nation's interior.

http://www.house.gov/judiciary/bach0701.htm

1/15/2004

9/11 Personal Privacy

CONTACT SHEET ROBERT BACH Walt Hempel 9-11 Commission 9-11 Subpoena for appearance on 4/30/04 IQiOOAM Monday, April 5 Received subpoena Sent e-mail to

Reviewed and copied

Tuesday, April 6 eVmailed stemper@,american.edu at the Center for.Ndrth American Studies , requesting RBach telephone number Called the North American Institute and left a message to call back.

Conducted internet search David M. Stemper, Ph.D., American University, 3201 New Mexico Ave., NW, Suite 265, Washington, DC 20016.202-885-1525

Wednesday, April 7 Checked internet re: Trinity College, DC. Bach not scheduled to instruct for the Spring 2004 semester

Requested that Subject call

Bach sent letter dated 2/16/04 saying that he would be out of US but that he read his e-mail (no telephone number) Bach has lectured at the Center for North American Studies

North American Institute, Bach has lectured at the NAMI 708 Paseb de Peralta, Santa Fe,NM875Ql\, ,

Trinity College, 125 . Michigan Ave., NE Washington, DC 20017 202X884-9400

Robert Bach on adjunct faculty for International Migration, the Director of the Program is Dr. Robert Maquire, also co^-authored articles with Bach

11:45 AM, went to I

Condo i$ access controlled; spoke to Steve from Engineering who was the replacement pn desk; Steve acknowledged that Baeh was tenet. There was nb manager present. .

Steve would not give me Bach's telephone number but did call! I and left a, message on me answering machine with my name and telephone number. He also took my business card and put it in thej \l box at the desk. Main building|_ J

At GSA, received e-mail from Dr. StemperCenter for NA Studies saying that he had a phone number but that it was from last year.

Called Dr Stemper ai| I

Stemper stated that he had e-mailed Bach and that Bach had e-mailed him back and said that the 9-11 commisssion had asked him tp testify but that he was out of the country, Stemper looked up Bach's number -j |

T

9/11 Personal Privacy

W. Hempel Bach Subpoena Log April 7, 2004 e-mailed Dr. Robert MaeuireRfoJtrinitvdc.edu requesting a telephone number or to contact Bach April 8, 2004 Received e-mail from Bach stating that he was available all of next week.

**Placed original of subpoena in Bach, witness file in my research .folder,

|

May 11, 2004

May 12, 2004

Note: The article, available on the web, lists the e-mail address of Dr. Maguire and Dr. Bach.

Spoke to JKR, she wants to keep to original schedule of 4/30/04 at 10AM.

e-mailed Bach, cc: Susan Ginsburg, Janice KephartRoberts, Tom Eldridge and Joanne Accolla. Told Bach the date was 4/30/04 and that he had to confirm with Joanne.

Received e-mail that he was unavailable on the 30th

April 23, 2004

May 5, 2004

Dr. Maguire and Dr. Bach co-authored a paper published by Trinity on 1 1/6/02 "Next Steps for U.S. Policy Toward Haiti"

Spoke to Susan Ginburg re: subpoena. Instructed to hold it but not serve it unless Bach indicates that he will not appear. Subpoena returned on .4/30/04 to K St unserved.

April 22, 2004

May 3, 2004

Page 2

Called Bach ail | [and left message.

Bach told new appointment will be Monday May 3, 2004 at 2PM.

Received e-mail from Bach that he would not be able to keep interview as he was working with DHS at the Terrorist Screening Operations Center New subpoena issued for Bach with appointment for 5/1 4/04 at 2PM Met with Dan Marcus at "K"St. He knows Bach slightly and he called and left him a message Called and left voicemail Visited Bach's condo and called his apartment and left

Susan Ginsberg contacted Donna Buscella at the TSC. Bach was not cleared for any meetings or operations.

Busy with Commissioners briefing for report and PowerPoint Sent e-mail and left a phone message that a subpoena had been issued and that he needs to call.

message. Left business card.

May 13, 2004

Called left voice mail. Visited condo and called on the house phone, left message. Visited condo and met with General Manager Ray Sohl. He called Bach on telephone and left message. Mr. Sohl went up to apartment and knocked on door, no answer. I gave my business card to Sohl.

Bach's parking space is G320 on the lower level.

Bach calls the office at 11:07AM reporting that his cell phone is not working and he will not be able to access his e-mail for a few hours.

Janice Kephart-Roberts sends a strong e-mail to get Bach's attention.

I call Bach and he is willing to come to the office and accept service of subpoena. ****Bach is served by Walt Hempel in the presence of Susan Ginsberg. His appointment is Friday, May 14 at 2PM. Subpoena is returned by Hempel and sent by messenger to Dan Marcus.

Page 1 of 1

Walter Hempel From:

Walter Hempel

Sent:

Thursday, May 13, 2004 12:42 PM

To:

Team 5

./'I9/11 Personal Privacy

Subject: FW: Interview with 9-11 staff

—Original Message ma}ltoj~~ From|_ Sent: Thursday, May 13, 200' 7:01 AFT" To: Walter Hempel Subject: Re: Interview with 9-11 staff Mr. Hempel, Good morning.. 1 was told by the personnel at the front desk of my building that you were here looking for me last evening. I am available this afternoon if you would like to meet either at your office, for coffee, wherever. I have morning meetings at the Department of Homeland Security, and I need to replace my cell phone today (which ' e, why you can't reach me by phone, if you've tried). You should be able to reach me by phone']" \y noon or after.

S

I look forward to our conversation and apologize for any difficulty in getting this arranged. I am not often continuously in D.C., and must respond to business demands to travel. I appreciate how essential the Commission's work is, and look forward to contributing to it. Robert Bach

5/13/2004

9/11 Personal Privacy Walter Hempel

\:

Sent: To: Cc: Subject:

I Thursday, May 13, 2UU4 12:22 PM Janice Kephart-Roberts Team 5; Front Office RE: Interview with 9-11 staff

Ms. Kephart-Roberts, I look forward to the conversation with the Commission staff and always have. I've contacted Mr. Hempel and offered to come down to the office this afternoon or tomorrow to pick up the subpoena, if that facilitates matters. I don't know what you mean by "false pretenses" and questioning whether my phone was dead. I can offer the evidence that just this morning I had my dead phone replaced at the Verison store in Alexandria -- the network receives the phone calls, so it may be true that someone called me and got my voice mail while the phone was dead. However, it was only this morning, when my phone was "alive," that I received and called back to Dan Marcus and Susan Ginsberg Dan's message from Tuesday. I called Mr. Hempel back around 11AM this morning. As for the "false pretenses" -- I don't know what you mean. I was traveling for business the first time, and was involved in supporting an operation the second. I of course understand and appreciation the significance of the Commission and have great faith in the activity. I will gladly, and voluntarily, do my part. Robert Bach

/9/11 Personal Privacy Walter Hempel From: Sent: To: Subject:

Janice Kephart-Rpberts Thursday, May 1.3, 2004 12:35 PM Walter Hempel, FW: Interview/ with 9-11 staff

Here you go! Driainal Message From: I

r' | [mailtot

Sent: Thursday, May 13,2004 12:22 PM To: Janice Kephart-Roberts Cc: Team 5; Front Office Subject: RE: Interview with 9-11 staff Ms. Kephart-Roberts, I look forward to the conversation with the Commission staff and always have. I've contacted Mr. Hempel and offered to come down to the office this afternoon or tomorrow to pick up the subpoena, if that facilitates matters. I don't know what you mean by "false pretenses" and questioning whether my phone was dead. I can offer the evidence that just this morning I had my dead phone replaced at the Verison store in Alexandria -- the network receives the phone calls, so it may be true that someone called me and got my voice mail while the phone was dead. However, it was only this morning, when my phone was "alive," that I received and called back to Dan Marcus and Susan Ginsberg Dan's message from Tuesday. I called Mr. Hempel back around 11AM this morning.

As for the "false pretenses" — I don't know what you mean. I was traveling for business the first time, and was involved in supporting an operation the second. I of course understand and appreciation the significance of the Commission and have great faith in the activity. I will gladly, and voluntarily, do my part. Robert Bach

(IF*. 17.2004

P. 2/2

3:54PM

February 16,2004 Philip D.Zelikow Executive Director National Commission on Terrorist Attacks

j I /

Upon me United States

.

/

301 7th Street SW, Room 5125 Washington, DC 20407

I |

Dear Mr. Zelikow:

/

Thank you for your letter of February 10,2004. inviting me to meet with you and your staff to discuss several policy and program issues related to my tenure at the INS in the 1990s. I took forward to meeting you and having a thorough discussion. Unfortunately, I will be out of me country this week ^nd, therefore, will not be able to arrange a meeting as requested I will return by the Weekend and so may be avanable the following week or two. Please let me know if you wfould like to schedule a meeting for the later time. I 1 should be reachable by email communicate electronically.

1 while I'm abroad, so feel free to

I look forward to our meeting.

•~ Robert L, Bach

9/11 Personal Privacy

9/11 Personal Privacy

Page 1 of 1

Joanne Accolla From:

Stephanie Kaplan

Sent:

Wednesday, March 17, 2004 3:45 PM

To:

Front Office; Team 5

Cc:

Dianna Campagna

Subject: Robert Bach

Janice: The ink was barely dry on the subpoena when Dianna realized that we received a letter from Mr. Bach last week agreeing to meet with the Commission. He sent it a month ago, but we just received it last week. He indicated that he would be out of the country, but it seems that he should be back by now. We'll fax over the letter, but in the meantime his email address isj |(He did not offer a telephone number.) Please send him an email and attempt to set up a meeting. If he is unresponsive, we'll still have the subpoena on file. Thanks, Stephanie

STEPHANIE L. KAPLAN

9-11 COMMISSION T(202)331-1125 F (202) 296-5545 www.9-11commission.gov

3/17/2004

NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES

SUBPOENA To Robert L. Bach, Greeting: Pursuant to lawful authority, YOU ARE HEREBY COMMANDED to appear and to testify before the National Commission on Terrorist Attacks Upon the United States at the Commission's offices, 301 7th Street, S.W., Room 5125, Washington, D.C., on May 14, 2004, at two o'clock in the afternoon. Any contumacy or failure to obey this subpoena may subject you to sanctions and penalties provided by law. This subpoena to be served by any member of the staff of the National Commission on Terrorist Attacks Upon the United States. Given under my hand, by agreement of the Chair and Vice Chair of the Commission, this 4th day of May, 2004.

Thomas H. Kean Chair, National Commission on Terrorist Attacks Upon the United States

9/11 Personal Privacy

RETURN

TTUuj.

A3

,2004

_i a member of the staff of the National Commission on Terrorist Attacks Upon the United States, served this subpoena by hand upon

r at

^'* t7 ?^\n the

(fiejfoJL*^

V*>CSL^

I 3/CJ~ , 2004.

day of

NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES

SUBPOENA To Robert L. Bach, Greeting: Pursuant to lawful authority, YOU ARE HEREBY COMMANDED to appear and to testify before the National Commission on Terrorist Attacks Upon the United States at the Commission's offices, 301 7th Street, S.W., Room 5125, Washington, D.C., on April 30, 2004, at ten o'clock in the morning. Any contumacy or failure to obey this subpoena may subject you to sanctions and penalties provided by law. This subpoena to be served by any member of the staff of the National Commission on Terrorist Attacks Upon the United States.

Given under my hand, by agreement of the Chair and Vice Chair of the Commission, this 6th day of April, 2004.

Thomas H. Kean Chair, National Commission on Terrorist Attacks Upon the United States

9/11 Personal Privacy

Page 1 of 1

Walter Hempel From: |_ Sent:

Thursday, April 22, 2004 4:59 PM

To:

Walter Hempel

Subject: Re: Appointment with the 9-11 Commission. Dear Walter, I must travel out of town next week on essential business and will not be in DC on Friday morning for the appointment with the Commission staff. I am in DC Monday through Wednesday, and all the first week of May. I regret the change, but it is an important, one-time meeting for my business. I look forward to rescheduling and to having the chance to discuss crucial immigration and security issues with the staff. Sincerely, Robert Bach

5/4/2004

Page 2 of2

—Original Message— From: Susan Ginsburg Sent: Monday, May 03, 2004 10:27 AM To: Dan Marcus; Steve Dunne Cc: Chris Kojm; Team 5 Subject: FW: Appointment with the 9-11 Commission. Importance: High Counsellors, We think it's time to subpoena Mr. Bach. Steve, would you provide us with another subpoena? I left the original on your desk this weekend.

We plan to reschedule for after May 11th.

Thanks. Susan Original Message Sent: Monday, May 03, 20047:42 A? To: Walter Hempe! j / Subject: Re: Appointment with the/9-11 Commission. Mr. Hempel,

|

/

Good morning. As you knovy, we/re scheduled to meet this afternoon. However, in my current work with the Department of Homeland Security, I've been asked to be at the Terrorist Screening Operations Center this afternoon as part of an operation. I know how schedule changes run havoc on your processes, but this one is entirely beyond my control. I may be able to provide you with a detailed explanation of this effort wrien.we meet in person, but for now can only describe the activities as ongoing. I I I don't know how much of an/interview you plan to have with me, but if limited, perhaps we can do it by emsiil. I'm normally available too, so it's your choice. Bob Bach

/ /

9/11 Personal Privacy

5/4/2004

Page 1 of 1

Walter Hempel From:

Robert Maguire [[email protected]]

Sent:

Monday, April 12, 2004 4:04 PM

To:

Walter Hempel

Subject: Re: Attempting to contact Dr. Robert Bach Dear Walter - This is the same email address I have for Dr. Bach, who has taught as an adjunct in my program, though not this semester. The most recent phone number I have for him is:| j Please let me know if I can be of further assistance.

/

Bob Maguire Dr. Bob Maguire Director Programs in International Affairs Trinity College 125 Michigan Ave. NE Washington, DC 20017 tel - 202-884-9585 fax: 202-884-9597 e-mail - [email protected] web site: http://www.trinitydc.edu

/ / / /

/ / / /

>» "Walter Hempel" <[email protected]> 04/07/04 05:45PM >»

/

My name is Walter T. Hempel. I am on the staff of the National Commission on Terrorist Attacks Upon the United States, better known as the 9-11 Commission. I am trying to get in contact with Dr. Robert Bach. We have exchanged letters but we do not have a current telephone number, in his correspondence with the Commission, Dr. Bach gave us his e-mail address) put using this internet address we have been unable to make contact with him. • /

I believe that Dr. Robert Bach is or has been a member of tljie adjunct faculty of Trinity College.

I would appreciate your assistance in either providing us with a/telephone number or reaching out to Dr. Bach.

My telephone number at the Commission is 202-358-3253! /

| / Thank you for your assistance.

9/11 Personal Privacy

4/13/2004

9/11 Personal Privacy

Page 1 of 1

Walter Hempel From: |_ Sent:

Wednesday, April 07, 2004 10:52 PM

To:

Walter Hempel

Subject: Re: Meeting with the 9-11 Commission Staff Dear Mr. Hempel: Thank you for your continued interest in speaking with me about the work of the 9/11 Commission. I should be available anytime next week, except for the morning of Thursday, April 15. Please let me know when we may meet and for how long. Sincerely, Robert Bach

4/8/2004

NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES

SUBPOENA To Robert L. Bach, Greeting: Pursuant to lawful authority, YOU ARE HEREBY COMMANDED to appear and to testify before the National Commission on Terrorist Attacks Upon the United States at the Commission's offices, 301 7th Street, S.W., Room 5125, Washington, D.C., on April 30, 2004, at ten o'clock in the morning. Any contumacy or failure to obey this subpoena may subject you to sanctions and penalties provided by law. This subpoena to be served by any member of the staff of the National Commission on Terrorist Attacks Upon the United States.

Given under my hand, by agreement of the Chair and Vice Chair of the Commission, this 6th day of April, 2004.

Thomas H. Kean Chair, National Commission on Terrorist Attacks Upon the United States

Carnegie Council - Printer Friendly

Page 1 of 12

Carnegie Council

After September 11: Shifting Priorities for Global Justice (New York Forum #4) Robert Bach, Christian Barry, Nicolas DeTorrente, Elizabeth Neuffer, and Omar Woman How should nation-states and other actors balance responsibilities to mitigate unnecessary suffering worldwide with obligations to promote security and ensure justice for victims of terrorist crimes?

Edited transcript of remarks, 03/06/02 Carnegie Council New York Forum. CHRISTIAN BARRY: I wanted to explain the title of this evening's program before turning it over to our panelists. The title is "Shifting Priorities of Global Justice." The attack of September 11th raised many questions about terrorism, globalism, and, perhaps most importantly, about the role of the U.S. in the world, and subsequently it has been invoked for many different competing political agendas. Many of these discussions have been very strategic, but our purpose is to examine some of the reasons for taking different policy initiatives in response to September 11th. There are many contending views about what global justice consists of, but I will break it down into three different components which on some interpretation most people would accept. • The first is that our international order be arranged to minimize unjustified violence and to punish wrongdoers - the corrective retributive security element of global justice. • A second is that life-threatening poverty be minimized insofar as possible - distributive justice. • Third, inclusion or democratic justice, is the idea that people should have some meaningful role in the decisions concerning the policies and institutions that affect them. Clearly, these different elements of global justice can be interconnected. People who are desperately poor are unlikely to have much of a meaningful role in political decisions that affect them, and denying people a voice in political decisions may lead to insecurity, conflict, and poverty.But there is no reason to believe that all of these elements of global justice will all be realized equally well by different policies, and there may be difficult choices that need to be made about which should be given priority in our considerations. A second element to the title is the idea of priorities, which again raises three distinct questions. • Whose priorities are we talking about? We have assembled a diverse range of panelists from different organizations. We will hear how their work has been affected by these events. • What reasons bear on different actors in determining what their priorities should be? There is no reason to suppose in advance that what the U.S. Government and its priorities should be and how they have changed in response to the attacks are identical to humanitarian organizations' or to different agencies' within the United Nations. • What kinds of strategies can permissibly be used to meet the objectives of these different actors?

http://www.cceia.org/printerfnendlymedia.php/prmID/146?PHPSESSID=f6276d8816cl 195... 4/7/2004

T R I N I T Y COLLEGE Special Issue The Best of 2002-2003

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Newsletter MESSAGE FROM THE DIRECTOR Inside this issue:

What is International Affairs at Trinity College?

New Educational Website Launched! Fulbright Scholar from Russia is Arriving at Trinity Sneak Preview-Spring 2004 INAF Courses New Courses and a Film Fest Links between Trafficking and International Crime Real PeopleUnimaginable Change: A Book Review

Highlights of this issue: • Fulbright scholar from Russia. • Comprehensive information about Haiti at www. Haiti-USA.org • New Spring 2004 International Affairs courses. • A new International Migration course

l A/jfchy

In recent months, students have approached me with ; questions about Trinity's Programs in International ; Affairs. They have asked about the B. A. in Interna[ tional Affairs and our courses, and whether or not s Programs in International Affairs is actually a club. | The genesis of these questions is the fact that TrinI ity's international affairs program has evolved rap• idly over the past two years. I Trinity's B.A. in International Affairs (INAF) has i' recently replaced the college's B.A. in International Studies (INS). According to the college archivist, Sr. Mary Hayes, international studies was first listed ; separately as a concentration area in the early 1980's before becoming a major in 1985. The B.A. in In, ternational Affairs was introduced in August 2002. j Next fall, all courses once listed as INS will be listed \s INAF courses.

Students majoring in international affairs study, understand and analyze the world and current global issues. Majors take INAF courses as well as a variety of courses from such other disciplines as history, sociology, economics, political science, geography, and business because international affairs is an interdisciplinary major. The INAF major requires nine core courses (27 credits), along with 18 credits from one of the following five areas of concentration: Area & Cultural Studies; International Relations; International Business & Economics; Conflict Management & Diplomacy; Global Migration & Immigrant Communities. The INAF major, and an INAF minor (21 credits), are available to students in the College of Arts and Sciences (CAS) and in the School of Professional Studies (SPS). Students majoring in other programs are always welcome to take individual INAF courses, of course! INAF graduates are well positioned for graduate studies, and for positions in government, international and non-governmental organizations (NGOs), as well as in business, banking, and education. A full description of the International Affairs major is available in Trinity's on-line catalogue, or from yours truly. Dr. Bob Maguire

./iternational Migration Faculty

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International Migration: Women's & Children's Issues

Home

Faculty

Program Overview Admissions

• Dr. Robert Bach Program Information Course Description

• Ms. Lauren Engle • Ms. Theresa Loar • Dr. Robert Maguire

Fall 2003 Courses

• John Picarelli

Photo Galler> Contact Information

Programs in International Affairs Trinity College, Washigton, D.C. Dr. Bob Maguire, Director

http://www.trinitydc.edu/academics/depts/Interdisc/International/IM_Faculty.htm

4/7/2004

CONTACT SHEET ROBERT BACH Walt Hempel 9-11 Commission

Page

The North American Institute

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THE

NORTH

AMERICAN

INSTITUTE

N AMI's mission is to enhance public unders lard ing of priority issues affecting the Nor'h Amer.con comnun.'y. n pur'iu ' &• 'i n.si on. KAMI both servei os a convening organic!,on by organ.z!ng conferences, workshops, and forums, that address pertinent issues relating to the emerging North American community, and a prograreoriented organization that works with, the next generation of leaders in North America, "lie 3 central themes that NAMI addresses are. 1. Advancing public understanding of North American issues 2. Smart borders afxj green trad* corridors 3. Building trinationai leadership

LATEST NEWS FROM AROUND NORTH AMERICA

UNOatSTANOING

B.C. fights bird flu with mass slaughter

SMART BOKOSRS AND GRBMTRADfCOttMDOftS

DANIEL GIRARD WESTERN CANADA BUREAU The Toronto Star April 6, 2004

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VANCOUVER—About 19 million chickens, turkeys and other commercial poultry in British Columbia will be slaughtered to try to stop the spread of avian flu. The move means hundreds of people will be laid off and tens of millions of dollars will be lost in the poultry industry. Federal Agriculture Minister Bob Speller authorized the cull yesterday, more than six weeks after the discovery of so-called bird flu at a chicken farm in the Fraser Valley, the heart of B.C.'s $1 billion a-year, 5,000-employee poultry industry. The virus has now spread to 18 farms in the region located about 100 kilometres east of Vancouver. MORE >

Bush-PM summit sparks barbs Opposition plans campaign attack Martin confirms visit this spring SUSAN DELACOURT AND BRUCE CAMPION-SMITH OTTAWA BUREAU The Toronto Star 5 April 2004

NEW a Posted i North A Service Resean 2003 PDF|I\G PtIBUC

REPOF NAFTA Mexico Americ. by Time 2003 When tlFree Tr; (NAFTA Mexico child-th globaliz later, Mi longer s posters. are of a U.S.grs unempk the strei workers labor ric commur respect poverty. MORE

North ft use of ( By Johr,

The looming summit between Prime Minister Paul Martin and U.S. President George W. Bush is already threatening to turn into a political football in the federal election expected this spring.

Five ye; betweer the Unit the proc chlordai

"I can assure you that if Mr. Martin and Mr. Bush want to stand side by side,

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http://www.northamericaninstitute.org/index.html

4/6/2004

Conference Papers Robert Bach

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Welcome to the Australian Government's official website for the

Department of Immigration and Multicultural and Indigenous Affairs

» Visiting Australia » Studying in Australia » Working in Australia » Extending your stay » Migrating to Australia » Sponsoring someone to Australia

Adult Migrant English Program [ AMEP Page | What is AMEP? | Client Information | Success Stories | Reports. Research. Publications | Curriculum Materials | What's New | AMEP Links |

Immigration and Language: An American Perspective DR ROBERT BACH

Australian citizenship » Life in Australia

Dr Robert Bach is Executive Associate Commissioner for Policy and Planning, US Immigration and Naturalization Service

» Multicultural Australia Indigenous Australia » Information & contact details » Online services, forms & booklets » Media centre » The department To advise the department about a person working or living illegally in Australia, please call or fax your information to the Immigration Dob-in Line.

Dr Bach came to public service from his faculty position as professor of sociology at Binghampton University, New York. At the university, he was founder and director of the Institute for Research on Multiculturalism and International Labor, a centre devoted to studying international migration. Dr Bach was also a senior associate with the Carnegie Endowment for International Peace. He has published extensively on migration trends and policies in Mexico, the United States, Cuba, the Caribbean, Vietnam and China. Good afternoon, and thank you for inviting me to this wonderful celebration of your nation's past and present. My task this afternoon is to provide an "American perspective" on immigration, language and settlement. Americans actually have much in common with Australians, and so the perspective I bring today is as much one of solidarity with your efforts as it is a different point of view. Few things are more dear to our past, present, and future, for example, than our continuing capacity to accept and to integrate immigrants from around the world. Like you, most of us are immigrants, the children of immigrants or the not too distant descendants of immigrants. Almost 40 years ago, President Kennedy called us a Nation of Immigrants and, despite the trials and tribulations of our history, we remain committed and proud of that heritage. I am pleased that Australia, through this conference, is celebrating similar principles. I am not at all sure, however, that it is wise to ask an American for his perspective during your celebration. Americans share a lot with Australians, and much more of it is mischief. Americans, like Australians, often take pride in redefining an assignment and striking out independently in directions far different from what have been expected.

http://www.immi.gov.au/amep/reports/pubs/papers/bach.htm

4/7/2004

National Organization for the Advancement of Haitians

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National Organization for the Advancement of Haitians TOWARD A UNIFIED DEVELOPMENT POLICY FOR HAITI HAITIAN-AMERICAN SUMMIT 2000

Briefing at U.S. Department of State and Georgetown University June 30, 2000 INTRODUCTION

During the past two decades, Haiti has been caught in a political turmoil that has impeded social and economic development. While the economies of the countries in the western hemisphere have grown at a fast pace, Haiti's economy has deteriorated at an even faster pace. Hence, as we enter the 21 " Century, it is time for the sons and friends of Haiti to come together to exchange ideas that bring a unified development for Haiti. Politics alone will not save Haiti. While political stability and the installation of democracy are fundamental to improved socio-economic conditions, the improvement of the country's infrastructure; ie, commerce and industry, law and order, health care and education, is critical to improving the quality of life in Haiti. Although Haiti may be in political turmoil at this time, it is the duty of every Haitian or friend of Haiti to continue to seek measures for improving all aspects of life in Haiti. Hence, on June 30, 2000, NOAH/HHF opened its Haitian-American Summit 2000 with a briefing entitled, "U.S. Policy Toward Haiti", sponsored by the U.S. Department of State. In the afternoon, the session continued at Georgetown University. Ambassador Donald K. Steinberg provided the introduction to the summit with the topic: "Haiti at the Crossroads: Building Democracy and Prosperity". The content of the briefing at U.S. Department of State included the following presentations: * Forging Policy Formulation toward Haiti by Mr. Robert Gilchrist, Special Assistant to the Deputy Secretary of State, Ambassador Strobe Talbott; ^Business Development Policy by Mark Schalkman, White House Senior Advisor for the Americas; * Educational Policy Reform by Rebecca Adams, Consultant, United States Agency for International Development (USAID); * Health Care Policy by Shirley Coly, Haiti Health Program Officer USAID; * Judicial and Security Reform by Carl Alexandre, Director, Overseas Prosecutorial Development Assistance and Training Office (OPDAT), Department of Justice. The Luncheon Speaker held at the State Department was Dr. Robert Bach, Deputy Director Rockefeller Foundation. Dr. Robert Maguire, Haiti's Program Coordinator/Caribbean Project, coordinated the afternoon discussion of U.S. Policy Toward Haiti at Georgetown University. Speakers were Ambassador Peter

http ://www.noahhaiti.org/conferences/Jean.htm

4/7/2004

Page 1 of 1

Walter Hempel From:

David Stemper [[email protected]]

Sent:

Wednesday, April 07, 2004 8:14 AM

To:

Walter Hempel

Subject: Re: Robert Bach

The Center has called and spoken with Bob once or twice but I think that the last time was more than six months ago. The phone number I have is from last year but it was valid when I called then. Perhaps you have this number? David M. Stemper, Ph.D. Associate Director Center for North American Studies http://www.american.edu/internationalaffairs/cnas/ American University 3201 New Mexico Ave, NW, Suite 265 Washington, D.C. 20016 Telephone: 202-885-1525 FAX: 202-885-1366

"Walter Hempel" <whempel@9-11 commission.gov>



<[email protected]>

cc Subject Robert Bach

04/06/2004 06:20 PM

I am trying to reach Dr. Robert Bach who has lectured the Center for North American Studies. Do you have a contact number or a business address? Thank You

4/7/2004

' Center for North American Studies - Faculty Seminar Details

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AMERICAN UNIVERSITY CKNTKR/orNoirn i AMKRICAN STUDIKS Faculty Seminar Details

Topic 2:

Economic, Environmental, and Social issues of North American Integr;

Date:

Wednesday, February 26, 2003

Time:

2:30 - 5:00 PM

Location:

Mary Graydon Center, Room 200 (Gianni Lounge)

Co-Chair:

Dr. Robert A. Pastor, Vice President of International Affairs Director of the Center for North American Studies

Co-Chair:

Professor Robert Blecker, Economics, College of Arts and Sciences

Presenter: Daniel Lederman, Senior Economist in the Office of the Chief Economist for La America, World Bank Presenter: Janine Ferretti, Chief, Environment Division, Inter-American Development Bar Presenter: Robert Bach, Researcher, SIS and Inter-American Dialogue Readings:

Davidson, Debra J. and Ross E. Mitchell. 2002 Environmental Challenges to International Trade. IN NAFTA in the New Millennium, edited by Edward J. Chambers and Peter H. pages 265-268. USCD Center for U.S.-Mexican Studies and U. of Alberta Pres: Pastor, Robert A. 2001 North America's Journey. Chapter 4 In Toward a North American Community: Lessons from the Old Wo the New, Pages 63-93. Institute for International Economics, Washington, D.C

Summary:

Read the summary of faculty seminar II

Contact David Stemper for more information.

3201 New Mexico Avenue, NW • Suite 265 • Washington, DC 20016-8026 • (: American University's home page | privacy policy, copyright statement & disclos Date last modified: IV

http://www.american.edu/internationalaffairs/cnas/academics/fs_02_26 03.html

4/6/2004

The September 11 Effect

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Carnegie Council Human Rights > Armed Conflict » Reconciliation » Global Justice > Environment > Intern SEARCH BV KEY WORD

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Robert L. Bach was formerly Director of the Global Inclusion Division of the Rockefeller Foundation, where he focused on poverty and social exclusion in transnational and global issues. Omar Noman is Deputy Director of the Human Development Report Office, UNDP. He has worked with local and international NGOs and has also taught at Oxford University, where he was Senior Research Economist. James D. Ross is Senior Legal Advisor at Human Rights Watch. Previously, he worked on human rights and humanitarian law issues with Medecins Sans Frontieres in Holland, the Organization for Security and Co-operation in Europe in Bosnia, the International Human Rights Law Group in Cambodia, and the Lawyers Committee for Human Rights. Nicolas de Torrente is Executive Director of Doctors Without Borders/Medecins Sans Frontieres in the United States. Before joining the U.S. office in early 2001, he worked extensively for the organization, first as an administrator and head of mission in Tanzania and Rwanda, and later as an emergency coordinator in Somalia, Liberia, the Democratic Republic of Congo, Macedonia, and Afghanistan. Sima Wali is President of Refugee Women in Development and Vice President and Treasurer of the Sisterhood Is Global Institute. A native of Afghanistan, she is an international advocate for the rights of refugee and internally displaced women. Related L'nks • 11/13/2002 Table of Contents Ethics & International Affairs. Volume 16. No. 2

The September 11 Effect Paige Arthur, Nicolas de Torrente, Omar Noman, Sima Wali, Robert L. Bach, James D. Ross Journal roundtable from Ethics & International Affairs, Volume 16, No. 2.

The September 11 Effect, Paige Arthur Challenges to Humanitarian Action, Nicolas de Torrente Crafting a New Alliance with the Muslim World. Omar Noman Afghan Women: Recovering. Rebuilding. Sima Wali New Priorities for Philanthropy, Robert L. Bach Promoting Human Rights. James D. Ross

The September 11 Effect Paige Arthur There is no single September 11 effect, if by "effect" we mean the way in which something - an event, for example - has influenced our lives. The simple fact is th; year's attacks have reorganized the world in which we live in many ways. One ye? Afghanistan has a new government, the United States has a new cabinet-level department, and whole regions of the world have taken on a new significance thro their relation to the antiterrorism campaign: Kashmir, Israel and Palestine, Central the Philippines, and Malaysia, to name a few. A rather incongruous new language has emepgfed in September 11's wake, one th unifies the various discourses on humanita/fan intervention, just war, mock war (III "war on drugs"), the politics of good and/^vil, and the security concerns of a poten realism. In the rush to provide reasoranor particular actions, policymakers and pu seemed to choose from these discourses at will. This is, perhaps, inevitable when target keeps moving - is it al-Qaeda, the Taliban, Iraq, any terrorist group anywhei "axis of evil"? - but it is unsettUclg. Since it seems that the leaders of the antiterrori campaign are not starting w>m well-defined objectives, but rather scripting them to they go along, the public^fnould be more careful in deciding which policies it want: support. To an extent, of course, acting and reacting is what politics is all about. That is no reason, howeve/to refrain from reflection and judgment. The articles in this Roun demonstrate tMe importance of critical thinking to debate on the antiterrorist camp; In a public domain that often seems confident in the Tightness of the United States current course of action, they offer a reminder that moral certainty is not somethin> taken tor granted. If rooting out terrorism is to benefit everyone, then the means employed to do so must be principled, they must not divert attention and resource other pressing crises, and they must involve the cooperation of other peoples (anc simply their governments). This is to say that a concern for September 11 should not lead us to an obsession

http://www.cceia.org/viewMedia.php/prmTemplateID/8/prmID/102

4/7/2004

Ben H. Bell, III is the Deputy Director for the Foreign Terrorist Tracking Task Force, Department of Justice, which was created by Presidential Directive No. 2 on October 29, 2001. Previously he served as the Deputy Assistant Commissioner for Intelligence for the Immigration and Naturalization Service (INS). A retired U.S. Marine Corps Officer, Mr. Bell designed, implemented and managed the Intelligence Program for the INS that effectively fused open source and classified intelligence with the information generated by INS officers worldwide. The resulting increase in the quality and quantity of intelligence significantly improved the ability of the INS to produce predictive intelligence assessments, daily briefings and special projects for FNS senior executives, as well as Operational Intelligence Reports and daily digests such as The Borderline and the U.S. Border Patrol Apprehensions Update. Both of these publications were distributed electronically and in print to dozens of U.S. government organizations, foreign intelligence services and international law enforcement agencies. These publications had a readership of over 11,000 intelligence professionals. Mr. Bell also served as a special consultant and mentor for the INS Intelligence Program targeting trafficking in, and exploitation of, women and children. Mr. Bell has combined analytical and planning skills in a variety of operations, ranging from major refugee processing programs in Haiti and Guantanamo, Cuba, to operational intelligence planning, collection, analysis and execution of a critical INS rescue and enforcement initiative. In the wake of the September 11 tragedy, his intelligence community partnerships facilitated the institution daily Top Secret briefings for the INS Commissioner and his senior staff, thus ensuring the Agency's ability to effectively react to the tragedy and also to facilitate coordination with other federal and state law enforcement as well as national security agencies. Mr. Bell has a Masters of Science from Golden Gate University in California, a postgraduate certificate in Competitive Intelligence from Drexel University, and is a graduate of the National Senior Cryptologic Course at the National Security Agency and the Armed Forces Staff College. Currently, Mr. Bell serves as Adjunct Faculty for the graduate Competitive Intelligence Program at Trinity College, Washington, D.C., and is a member of several Criminal Intelligence Advisory Boards. He has also published and lectured on immigration intelligence issues in a number of forums around the world. Mr. Bell's foreign intelligence experience stretches from the beaches of the Caribbean and the tropical forests of Central America to the Far East. As is generally the case with a Marine, he tries to stay as close as possible to large bodies of water. Consequently he is also a Licensed Coast Guard Captain, an avid boater and advanced scuba diver.

Dr. Bob Maguire

Page 1 of3

Who We Are

r. Robert Maguire ecame the Director of 'ograms in International ffairs at Trinity College n September 2000. His .ctivities at Trinity, where e also holds an .ppointment as an ssistant Professor in international Studies in the bllege of Arts and (Sciences, include the reation, administration |and oversight of post.duate and ndergraduate programs in international affairs, as well as some classroom teaching. Dr. Maguire earned a Ph.D. in Geography from McGill University, an MA in Latin American Studies from the University of Florida, and a BA in Secondary Education/Social Studies from Trenton State College, now the College of New Jersey. While at McGill University, he undertook Ph.D. field research in South Louisiana. Eventually, his research was published as Hustling to Survive: Social and Economic Change in a South Louisiana Black Creole Community (Projet Louisiane, monographie no. 2, Universite Laval, 1989). Bob joined the staff of Trinity College following a career in federal government service as a specialist in Latin America and the Caribbean, grassroots development, and political economy. His government service included stints with the Inter-American Foundation and the Department of State, along with an earlier tour as a Peace Corps Volunteer in the Caribbean island of Dominica.

http://www.trinitydc.edu/academics/depts/Interdisc/International/Bob.htm

4/7/2004

International Migration Faculty

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International Migration: Women's & Children's Issues

Home

Faculty

Program Overview Admissions

• Dr. Robert Bach Program Information

Course Description

• Ms. Lauren Engle • Ms. Theresa Loar • Dr. Robert Maguire

Fall 2003 Courses

• John Picarelli

Photo Gallery Contact Information

Programs in International Affairs Trinity College, Washigton, D.C. Dr. Bob Maguire, Director

http://www.trinitydc.edu/academics/depts/Interdisc/International/IM_Faculty.htm

4/7/2004

NEXT STEPS FOR U.S. POLICY TOWARD HAITI by Robert L. Bach and Robert Maguire Haiti Program, Trinity College1 November 6, 2002 Now that the politics of Florida elections are behind us, the United States and the international community need to attend to Haiti. The uproar over the recent arrival of a boatload of 211 Haitians in South Florida and their treatment in asylum proceedings is an indicator of failed U.S. policies toward Haiti. This small Haitian exodus is also a clear warning that Haiti itself is on the brink of collapse. Asylum proceedings, fair or otherwise, cannot cushion or turn around this impending crisis. No one, of course, is surprised by the glaring unequal treatment of asylum-seekers from Haiti and Cuba. The policy debate on this unequal treatment has occurred within each administration since the 1966 Cuban Adjustment Act gave special status to Cuban arrivals. Although the Clinton Administration made some progress in holding Cuban arrivals to the same legal requirements as others, without an overall change of policy toward Cuba it is unlikely that the imbalance will change. Haitians, for the most part, are treated nearly the same as others seeking asylum - at least until December 3, 2001 when a boatload of 167 Haitians arrived in South Florida. At that time, the Bush Administration decided to attempt to deter Haitian boat arrivals by detaining those who arrived by sea. Other asylum-seekers, even other Haitians arriving by air, are routinely released. The Administration has still not explained satisfactorily the reasons for its shift in detention practices, and although the Immigration and Naturalization Service (INS) has the discretion to make such shifts, the effort to deter future boat flows - as the recent arrivals show - was doomed from the outset. The controversies over asylum policies and practices, however, obscure and threaten to distract attention from two more fundamental errors in U.S. policy toward Haiti. First, ironically, the Administration is failing to increase the security in South Florida that its shift in detention practices promised. The Haitian boats interdicted last fall and, especially, the one that made it to the coast in December 2001 alarmed U.S. security planners in a way that has not yet been fully appreciated. Homeland Security, as envisioned by many after 9/11, is a joke if a boatload of migrants, in an unsophisticated vessel, can simply sail up the Miami River without detection. The problem, of course, is not with the migrants per se, and no one seriously believes that impoverished Haitians represent a security threat. It is the boat, and how a similar boat could be used to deliver weapons, that horrify security planners.

Page 1 of3 Joanne Accolla From:

Janice Kephart-Roberts

Sent:

Monday, March 08, 2004 2:04 PM

To:

Joanne Accolla

Subject: FW: Bob Bach

—Original Message— From: Janice Kephart-Roberts Sent: Friday, March 05, 2004 5:41 PM To: Steve Dunne; Dan Marcus Cc: Susan Ginsburg Subject: RE: Bob Bach

Bob Bach was the INS Executive Associate Commissioner for Policy and Planning from 1197 or 1998 until June 2000. Previous INS interviewees tell us Bach was Commissioner Meissner's right hand in day-to-day decision-making. Discussions with Ms. Meissner also indicate we need further answers from Mr. Bach. He also had substantially contact with DOJ DAG's office, and this is an important link as well to operations of the INS. (Ms. Gorelick is familiar with Bach as well, as we discussed his role in INS policy during my interview with her.) I understand he was in the lead for failed development of entry/exit, student tracking, and the creation of the controversial interior enforcement strategy of 1999. Our letter of February 10 listed the following categories for discussion: •

Overall policy and planning for the INS during his tenure as Executive Associate Commissioner;



Development of the entry-exit system mandated by Section 110 of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and related automated 1-94 system;



Development of the student tracking system mandated by Section 641 of the Antiterrorism and Effective Death Penalty Act of 1996.



Creation and implementation of the interior enforcement strategy of 1999, and any other relevant strategies in whose development Bach led and participated; and



The role of the INS in counterterrorism.

I began my search for Bach early last fall, calling retired INS employees and following up on leads, but to no avail. Walt then was able to acquire a possible address on| \h Walt says tax records verify as Bach's stated address. Choicepoint has not provided a phone number; apparently his phone number is blocked. Our letter was dated February 10, and the certification card was signed on February 11. We did not receive it until late 9/11 Personal Privacy

3/8/2004

Page 2 of3 February. The signature is pretty illegible, but Robert Bach does not really look like the signature. We do have a possible number for his wife and a possible cell number for either Bach or his wife. Hope this helps. Janice 9/11 Personal Privacy —Original Message— From: Steve Dunne Sent: Friday, March 05, 2004 4:59 PM To: Janice Kephart-Roberts Cc: Dan Marcus Subject: RE: Bob Bach

Janice - So we can explain this to the Chair and Vice Chair, can you please send Dan and me an email explaining who this guy is (title, dates and responsibilities), why you want to talk to him, and what efforts you have made to date to contact him (with specifics such as dates, who sighed the certified letter receipt on what date, etc.) Also, can you tell us what efforts you have made to get a phone number for him, and think about who else we could ask for a phone number? Thanks. Steve Original Message From: Janice Kephart-Roberts Sent: Friday, March 05, 2004 4:32 PM To: Steve Dunne Subject: RE: Bob Bach The name is Robert L. Bach. The address we have for service isl Dates: Tuesday or Wednesday March 30 or 31st would be fine. For service, do we need a sworn officer of the court? Could one of our FBI agents do it, John, Marco or Sarah? (I'd nominate Walt, but he's not a sworn officer and will be away next week.) Thanks, Janice

Original Message From: Steve Dunne Sent: Friday, March 05, 2004 4:15 PM To: Dan Marcus; Janice Kephart-Roberts Cc: Susan Ginsburg; Chris Kojm; Philip Zelikow

Subject: RE: Bob Bach I will. Janice, I need his full name (Robert?) and a date and time you want him to show up for an interview. You also need to think about how to serve the subpoena - do you have a place where you (or someone on the staff) can go to serve it on him in person? Original Message From: Dan Marcus Sent: Friday, March 05, 2004 3:41 PM To: Janice Kephart-Roberts; Steve Dunne Cc: Susan Ginsburg; Chris Kojm; Philip Zelikow Subject: RE: Bob Bach I agree. This is an important witness, Steve - would you work with Janice to prepare a subpoena? 3/8/2004

Page 3 of3 I think we can ask Tom & Lee to authorize this on their own, and I think they will be willing to do so. Original Message From: Janice Kephart-Roberts Sent: Friday, March 05, 2004 11:52 AM To: Dan Marcus; Steve Dunne Cc: Susan Ginsburg Subject: Bob Bach Dan and Steve: You may recall we sent a certified letter requesting an interview to Bob Bach dated Feb. 10. The certification was signed and dated Feb. 11, and returned to us at the end of February. We have not been able to acquire a phone number, and Bach has not called us to set up an interview. I think at this point we should consider a subpoena. What do you counsel? Janice Kephart-Roberts National Commission on Terrorist Attacks Upon the United States 301 7th Street, SW, Room 5125 Washington, DC 20407 Tel.: 202.401.1705 Fax: 202.358.3124

3/8/2004

Page 1 of3

uThe News

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In The News INS TO END EMPHASIS ON DEPORTING ILLEGAL IMMIGRANTS 03/05/99 03:34:03 PM By MICHAEL HEDGES Scripps Howard News Service Release date:03-06-99 Scripps Howard News Service WASHINGTON - Finding and deporting the 5 million illegal immigrants in America will no longer be a priority under a controversial new federal immigration strategy that critics say is a first step toward amnesty for > Ford FoimdStiUii Lackey aliens. "Instead of focusing on ROBERT BACH outputs, such as the total number of IMMIGRATIOHAHD KflTURJUUATIOH StRVICE j Associate e emirasslsiier for Poisnj and Planning illegal aliens removed from the C I United States, (the Immigration and Naturalization Service) will evaluate its performance in different terms," said a copy of the new policy.

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Among five enforcement goals for INS, the strategy does not include removing illegal immigrants, except those who break the law. The new plan, written by an INS associate commissioner for policy, is to be phased in between 1999 and 2003. The plan drew quick fire from some in Congress. After reviewing a copy of the strategy obtained by Scripps Howard, Rep. Lamar Smith, R-Texas, who chairs the House subcommittee on immigration said, "The INS, by their actions, is telling would-be illegal aliens that if you don't get caught entering the U.S., we'll look the other way so you can stay." "Even as INS tells Congress that deporting illegal aliens is one of their priorities, they admit they're doing little to remove the more than 5 million illegal aliens who live in the U.S. permanently," Smith said. Officials at INS declined requests to discuss the new strategy on Thursday and Friday. Under the "major shift" in emphasis, the INS will instead measure success in more subtle ways, such as increased wages in industries that typically use illegal immigrants, reduced local crime rates, and rises in costs put on smuggling aliens or

http://odin.prohosting.com/~lamigra/NEWS/stopdeportingIAsbach990306.html

9/16/2003

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http://www.co.arlington.va.us/REAssessments/scripts/Inquiry.asp?Action=View&lrsn=538... 2/23/2004

1-9 Enforcement -- INS Looks the Other Way on Illegal Immigrant Labor

Page 1 of 4

Agricultural Personnel Management Program University of California 3/9/00 News Report - The New York Times

I.N.S. Looks the Other Way on Illegal Immigrant Labor by Louis Uchitelle CHICAGO — Salvador Silva often used to worry that immigration agents would raid the commercial laundry where he works. If they did, he had a plan. He would jump onto a table, hoist himself into an air-conditioning duct, and hide there until the agents left. He practiced this more than once. "We lived with the uncertainty of raids," said Mr. Silva, who is 26 and has worked illegally in this country for 10 years, ever since he walked across a bridge from Juarez in Mexico to El Paso and flew to Chicago to join a brother. Only now is he beginning to relax. "For the first time," he said, "I don't fear the raids." Such raids have all but stopped around the country over the last year. In a booming economy running short of labor, hundreds of thousands of illegal immigrants are increasingly tolerated in the nation's workplaces. The Immigration and Naturalization Service has made crossing the border harder than ever, stepping up patrols and prosecuting companies that smuggle in aliens or blatantly recruit them. But once inside the country, illegal immigrants are now largely left alone. Even when these people are discovered, arrests for the purpose of deportation are much less frequent; such arrests dropped to about 8,600 last year from 22,000 just two years earlier, the I.N.S. reports. The agency now concentrates on picking up aliens who have committed a crime. The rest are in effect allowed to help American employers fill jobs. "It is just the market at work, drawing people to jobs, and the I.N.S. has chosen to concentrate its actions on aliens who are a danger to the community," said Robert L. Bach, the agency's associate commissioner for policy and planning. The new lenience helps explain why overall wage increases have been less than many economists and policy makers had expected, given an unemployment rate of only 4 percent and a strong demand for people to fill jobs that pay $8 an hour or less, which is 25 percent of all jobs. Immigrants — legal and illegal - have fed the pool of people available to take these lower-paying jobs. But Alan Greenspan, chairman of the Federal Reserve, told Congress last month that as job growth expands, the pool keeps shrinking. That is one reason the Fed is raising interest rates to slow the economy before wage pressures become inflationary. Mr. Greenspan and many other economists, though, are looking only at people living in this country, including an estimated six million illegal immigrants, as potential candidates to feed that pool. But the more tolerant I.N.S. policy may be inducing more workers to immigrate, particularly from Mexico, because — once they manage to get here ~ they face less risk in taking a job. That would dilute the labor shortage ~ and the wage pressure that worries Mr. Greenspan. In fact, it may already be doing so. "None of us really knows how big the pool of available workers is," said Tared Bernstein, a labor economist at the Economic Policy Institute, "but the more lenient stance can only increase the number of

http ://are.berkeley. edu/APMP/pubs/i9news/noraids3 900.html

3/5/2004

It ins't an Amnesty - True, Walsh and Miller, LLP

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New Amnesty Law (NOT) Click for a Printable Version of this Article

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By Stanley Mailman and Stephen Yale-Loehr* Immigrant communities throughout the United States remain perplexed about the immigration law enacted on December 21, 2000. Is it an amnesty like the 1986 legalization law that led to permanent residence for some three million foreign nationals? Rumors that it is and has a cutoff date of April 30, 2001, have the phones ringing in hundreds of law offices and immigrant aid centers. "There's total, mass confusion out there," according to a spokesman for the Immigration and Naturalization Service (INS). Patrick J. McDonnell, New Law, Misinformation Bewilder Immigrants, LA. Times, Jan. 29, 2001. In fact, the LIFE Act Amendments of 2000, enacted as part of the Consolidated Appropriations Act, 2001, Pub. L. No. 106-554, 114 Stat. 2763, has several sections that facilitate permanent residence for foreign persons who might otherwise be barred. But none of them provide a true amnesty. Nor, as President Clinton requested, do they ease the registry section, a provision that makes the green card available to those who simply lived in the United States continuously since January 1, 1972. Section § 1502 of the new law, however, by updating INA § 245(i), 8 U.S.C. § 1255(i), is great news for hundreds of thousands of people who might otherwise be barred from permanent residence. How § 245 (i) helps them, under our Byzantine immigration laws, and how its April 30 deadline operates, are the subjects of this article. To begin with, INA § 245 is the chief vehicle by which persons within the United States adjust their status to become legal residents. Until Congress enacted § 245 in 1952, aspiring immigrants, even those already in the United States on a temporary visa, had to do "consular processing." Under that procedure, still available, the immigrant applies for a visa at a U.S. consular office abroad, which is needed to seek admission to the United States for permanent residence (the "green card"). Immigrants who have the choice usually prefer adjustment. It spares them the bother and the cost of travel, and permits them to have a lawyer present at any interview or hearing, an element of due process denied at many U.S. consulates. Moreover, a consular denial is final; it doesn't permit the administrative and judicial recourse available to adjustment applicants. But as a result of an "unlawful presence" provision introduced in 1996, INA § 212(a)(9)(B), 8 U.S.C. § 1182(a)(9)(B), the difference for many is no longer a matter of mere convenience or better procedure: it

http://www.twmlaw.com/resources/general54cont.htm

3/5/2004

INS Memo on Hs and Ls with Pending Adjustments, U.S. Immigration Law Offices of Ca... Page 1 of 3

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HQADJ 707 2.8.6, 2.8.12, 10.18 4251 Street NW Washington, DC 20536 AD 00-03 MEMORANDUM FOR REGIONAL DIRECTORS SERVICE CENTER DIRECTORS DISTRICT DIRECTORS OFFICERS IN CHARGE ASYLUM DIRECTORS PORT DIRECTORS FROM: ROBERT L. BACH EXECUTIVE ASSOCIATE COMMISSIONER OFFICE OF POLICY AND PLANNING SUBJECT: AFM Update: Dual Intent Follow-up Guidance: H-l and L-1; Pending Applications for Adjustment of Status, validity of nonimmigrant status, and the elimination of the advance parole requirement. This memorandum on dual intent for H-l and L-1 nonimmigrants with pending applications for adjustment of status addresses changes to the Adjudicator's Field Manual, Chapter 23 and by adding a reference to the Inspector's Field Manual, Chapter 15.4. It is a follow up to the July 13,1999, memorandum, subject H-l and L-1: Pending Applications for Adjustment of Status, validity of nonimmigrant status, and the elimination of the advance parole requirement. The July 13 memorandum provided guidance for the interim rule, 64 FR 29208, which eliminates the advance parole requirement for aliens maintaining H-l or L-1 nonimmigrant classification while their applications for adjustment of status are pending. I. In Chapter 23 of the Adjudicator's Field Manual, the following questions and answers are added to the APPENDIX 23-4, entitled FREQUENTLY ASKED QUESTIONS ABOUT TRAVEL OUTSIDE THE UNITED STATES BYANH-1 OR L-1 NONIMMIGRANT WHO HAS APPLIED FOR ADJUSTMENT OF STATUS: 1. If an H-l or L-1 nonimmigrant has filed for adjustment of status under an employment-based preference category that requires an offer of employment in the United States, does the interim rule affect the applicant's responsibility to establish his/her intent to work for the petitioning

http://www.shusterman.com/245hl-300.html

3/5/2004

APPENDIX XII

Page 1 of 4

Return to the USDOJ/OIG Home Page Return to the Table of Contents

Inspection of the Secure Electronic Network for Travelers' Rapid Inspection Report Number 1-2000-019 June 2000

APPENDIX XII Response to OIG's Inspection of the Secure Electronic Network for Travelers' Rapid Inspection, A-98-35 ,-s>-~: ,

U.S. Department of Justice Immigration and Naturalization Service HQOIA 110/8.2-C

Office of the Commissioner

425 / Street NW Washington, DC 20536

MEMORANDUM FOR MARY W. DEMORY ASSISTANT INSPECTOR GENERAL FOR INSPECTIONS DEPARTMENT OF JUSTICE

FROM:

Doris Meissner Commissioner Immigration and Naturalization Service

SUBJECT:

Inspection of the Secure Electronic Network for Travelers' Rapid Inspection (SENTRI). A -98-3 5

I appreciate the opportunity to comment on the subject report and solicited input from the senior management official who is most significantly impacted —the Executive Associate Commissioner for Policy and Planning. I reviewed his response and concur with the conclusions and observations. The response is attached for your review. We support the conclusions of the report and expect to be able to implement the recommendations during the course of the Justice Performance Review laboratory period, which ends in August 2001. However, we have concerns about your reference to SENTRI being installed along the northern border. A more comprehensive discussion of this concern is addressed in the attached memorandum. Also included is a description of the changes made to clarify the location of SENTRI sites in all future correspondence and congressional testimony. Thank you again for the opportunity to respond to the draft report. If you have any questions, please contact Kathleen Stanley, Audit Liaison, at (202) 514-8800. Attachment

http://www.usdoj.gov/oig/inspection/INS/00-19/app 12.htm

3/5/2004

INS Issues Policy Guidance on 245 (i)

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INS Issues Policy Guidance on 245(i) APRIL 14,1999 Memorandum For: All Regional Directors All District Directors All Officers in Charge All Service Center Directors Asylum Directors District Counsels Training Facilities: Glynco, GA and Artesia, NM From: Robert L. Bach Executive Associate Commissioner Office of Policy and Programs

Subject: Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act Purpose The purpose of this memorandum is to provide additional guidance concerning the acceptance of applications for adjustment of status under section 245(i) of the Immigration and Nationality Act (Act). This memorandum clarifies the Service's January 9, 1998 memorandum with respect to the final paragraph, "The effect of the January 14, 1998 sunset date on eligibility to apply for adjustment of status under section 245(i) of the Act." This memorandum officially, adopts the "alien-based" reading of section 245(i), provides the standard for review of pre-January 15, 1998 filings, and discusses the evidence required for family-based petitions filed before the sunset date. Future guidance will discuss the processing of employment-based petitions and labor certifications filed before January 15, 1998. The Office of Field Operations concurs with this memorandum, Background Section 245 of the Act allows an alien to adjust his or her status to that of a lawful permanent resident (LPR) while in the United States if certain conditions are met. Among these are that the alien have been inspected and admitted or paroled and not engaged in unauthorized employment, Section 245(i) of the Act allows certain aliens to adjust status under section 245 notwithstanding the fact that some of these conditions are not met. From October 1, 1994 to January 14, 1998, any alien willing to pay the additional fee specified in section 245(i) who met the other requirements of section 245 could adjust

http://www.immigrationlinks.com/news/news001 .htm

3/5/2004

Government Executive Magazine - 7/1/97 Crossing the Line

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Crossing the Line By James Kitfield § hrough the liquid-green prism of the night vision scope, the figures appeared out of the darkness as ghostly white silhouettes, surreal and other-worldly. As they stalked single file out of a deep canyon on the southwestern border near San Diego, it was impossible for the Border Patrol agents to know the exact nature of the intrusion. Certainly the figures could have been drug traffickers: As much of 70 percent of the U.S. cocaine supply-and increasing amounts of heroin, methamphetamines and marijuana-now enter the country across the nearly 2,000mile border with Mexico. The stealthy silhouettes also could have been bandits. Robbers and shakedown artists so habitually prey on migrants and others in border area badlands that they have turned some stretches into modernday versions of the Wild West. The Border Patrol officers conducting the nighttime surveillance and intercept-a tape of which was supplied to Government Executive by the Immigration and Naturalization Service-knew that the figures in the dark were most likely illegal aliens being led across the border by one of the well-established immigrant smuggling franchises that ply the southwestern border. In an era when the immigration issue has advanced to the forefront of the American political agenda, the southwest border stands out as the busiest and most porous point of entry for illegal immigrants entering this country. As horse-borne Border Patrol agents swooped down on the intruders, they could not be sure whether the intercept was of drug traffickers, bandits or migrants fleeing to the richest nation on earth. What they did know-what everyone who has straddled the southwestern divide comes to understand-is that to a degree that would surprise many Americans, the

http://www.govexec.com/features/0797s5.htm

3/5/2004

U.S. Department of Justice Immigration and Naturalization Service HQ 70/23.1-P HQ 70/8-P Office of the Executive Associate Commissioner

42 51 Street NW Washington, DC 20536

JUN 10 1999

MEMORANDUM FOR

All Regional Directors All District Directors All Officers in Charge All Service Center Directors Asylum Directors District Counsels Training Facilities: Glynco, GA and Artesia, NM

FROM:

Robert L. Bach /s/ Executive Associate Commissioner Office of Policy and Programs

SUBJECT:

Accepting Applications for Adjustment of Status Under Section 245(i) of the Immigration and Nationality Act.

Purpose This document provides supplemental guidance to the April 15 memorandum on adjustment of status under Section 245(i) of the Immigration and Nationality Act (the Act). In particular, this memorandum addresses the adjustment of persons who have filed employmentbased immigrant petitions (I-140s) and applications for tabor certifications, for purposes of "grandfathering" under section 245(i) of the Act. Note that the general policy outlined in the April 14 memorandum is applicable to the adjudication of both family and employment-based immigrant petitions. For this reason, we will not repeat the introductory, background, and general portions of the April 14 memorandum. This memorandum addresses issues unique to employment-based petitions and makes one set of clarifications to the April 15 memorandum. Officers are reminded that portions of the April 14 document relating to "alien-based" reading, "approvable when filed", and the effects of "grandfathering" remain in effect and are applicable to both family and employment-based immigrant petitions. Offices and service centers should note that this memorandum lifts the processing hold on applications for adjustment of status based on an alien's representation that the employer filed a Department of Labor Application for Alien Employment Certification, Form ETA 750, Parts

9/11 Personal Privacy

M Complete items 1, 2, and 3. Also complete Item 411 Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the cart) to you. • Attach this card to the back of Jthe mailplece, or on the front If space permits;

Thomas H. Kean CHAIR Lee H. Hamilton VICE CHAIR Richard Ben-Veniste

February 10,2004 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Hqbert Bach

_..,--:::::'9/ll Personal Privacy

Fred F. Fielding Jamie S. Gorelick Slade Gorton Bob Kerrey John F. Lehman Timothy J. Roemer James R. Thompson

Philip D. Zelikow EXECUTIVE DIRECTOR

Dear Mr. Bach: The National Commission on Terrorist Attacks Upon the United States (better known as the 9-11 Commission) is directed by statute to prepare a full and complete account of the circumstances surrounding the September 11,2001 terrorist attacks, including the nation's preparedness for, and immediate response to, the attacks. The Commission is also chartered to identify and evaluate lessons learned and provide recommendations to prevent future acts of terrorism upon our nation. Interviews with former senior policymakers are essential to developing an authoritative narrative of the September 11,2001 attacks. As the former INS Executive Associate Commissioner for Policy and Planning, your perspective is vital to the Commission's collective understanding of September 11, and we are therefore writing to request an interview with you during the week of February 16, 2004. The Commission wishes to discuss a wide range of topics with you, including (but not limited to) your description, analysis, and assessment of: •

Overall policy and planning for the INS during your tenure as Executive Associate Commissioner;



Development of the entry-exit system mandated by Section 110 of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and related automated 1-94 system;



Development of the student tracking system mandated by Section 641 of the Antiterrorism and Effective Death Penalty Act of 1996.

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

26 Federal Plaza Suite 13-100 New York, NY 10278

T 212.264.1505 F 212.264.1595

Mr. Robert Bach February 10, 2004 Page 2



Creation and implementation of the interior enforcement strategy of 1999, and any other relevant strategies in whose development you participated; and



The role of the INS in counterterrorism.

You may wish to review notes and other materials you may have to refresh your recollection of these matters prior to the interview. We are, of course, interested in any other issues you deem important to the Commission's understanding of the September 11 terrorist attacks specifically and immigration issues generally, as well as your thoughts on policy recommendations for the future. Members of the Commission may attend, but the interview will be conducted by Commission staff. It is the general policy of the Commission to record interviews. Please contact Joanne Accolla at 202-401-1774 to indicate your availability for such an interview and to relay any questions you or your staff may have. Thank you in advance for your time and cooperation with the Commission and its staff in this important matter. Yours sincerely,

U

Philip D. Zelik Executive Director

9/11 Personal Privacy

o^JI

February 6,2004 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Robert Bach _...--••""9/11 Personal Privacy

Dear Mr. Bach: The National Commission on Terrorist Attacks Upon the United States (better known as the 9-11 Commission) is directed by statute to prepare a full and complete account of the circumstances surrounding the September 11, 2001 terrorist attacks,-including the nation's preparedness for, and immediate response to, the attacks. The Commission is also chartered to identify and evaluate lessons learned and provide recommendations to prevent future acts of terrorism upon our nation. Interviews with former senior policymakers are essential to developing an authoritative narrative of the September 11, 2001 attacks. As the former INS Executive Associate Commissioner for Policy and Planning, your perspective is vital to the Commission's collective understanding of September 11, and we are therefore writing to request an interview with you during the week of February 16, 2004. The Commission wishes to discuss a wide range of topics with you, including (but not limited to) your description, analysis, and assessment of: •

Overall policy and planning for the INS during your tenure as Executive Associate Commissioner;



Development of the entry-exit system mandated by Section 110 of the 1996 Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and related automated 1-94 system;



Development of the student tracking system mandated by Section 641 of the Antiterrorism and Effective Death Penalty Act of 1996.

Page 1 of 1 Joanne Accolla From:

Joanne Accolla

Sent:

Friday, February 06, 2004 2:25 PM

To:

Steve Dunne

Cc:

Janice Kephart-Roberts

Subject: DHS Interview Request - Robert Bach Bob Bach was Doris Meissner's right hand on policy and planning. Janice understands from numerous interviews that this individual is primarily responsible for student tracking getting off track, entry/exit not happening, and for a weak interior enforcement policy. We have tried to get in touch with him in the past and have been unable to do so; we have acquired 2 addresses for this individual and would like to send to both addresses to see if he responds to them. This is the first witness that Team 5 intends to place under oath. Please review the attached - thanks. Joanne M. Accolla Staff Assistant National Commission on Terrorist Attacks Upon the United States

202.401.1774 [email protected]

2/6/2004

Page 1 of 1 13/11 Personal Privacy Joanne Accolla From:

Joanne Accolla

/ I

Sent:

Tuesday, February 03, 2J004 12:25 PM

To: I I Subject: National Commission on Terrorist Attacks. Upon the United States - Request for Interview Dear Mr. Bach,

/

We have prepared and will b£ sending to you a letter requesting an interview to discuss a wide range of topics regarding your tenure with INS. Please confirm that this is your home address'f" ~\f you have any questions, please do not hesitate to p Joanne M. Accolla Staff Assistant National Commission on Terrorist Attacks Upon the United States 202.401.1774 [email protected]

2/3/2004

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1/12/2004

Thomas H. Kean CHAIR

DHS INTERVIEW REQUEST NO. 5

Lee H. Hamilton VICE CHAIR

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

The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests interviews with the following Department of Homeland Security personnel during the weeks of October 13, October 20, or October 27, 2003. Please provide a proposed date, time, and location for each interview no later than October 10, 2003. The anticipated length of each of these interviews is three hours.

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

Philip D. Zelikow EXECUTIVE DIRECTOR

1. 2. 3. 4.

Robert Bach Gustavo de la Vina Gerri Ratliffe Jose Perez Melindez

We anticipate that these interviews will involve the discussion of classified information. The Commission reserves the right to reinterview these individuals based on the results of the requested interviews and the needs of the Commission. September 30, 2003

Daniel Marcus General Counsel

TEL (202) 331-4060 FAX (202) 296-5545 www.9-llcommission.gov

Joanne Accolla From: Sent: To: Cc: Subject:

DHS interview request no 5.doc...

[email protected] Tuesday, September 30, 2003 11:08 AM [email protected] [email protected]; dmarcus@9-11 commission.gov; [email protected]; [email protected] DHS interview request no. 5

Dan: Attached as a Wor document is DHS interview request no. 5. Please call Janice Kephart-Roberts at 202-401-1705 with any questions about the topics to be covered and to arrange for these interviews. Feel free to call Dan or me as well if any issues arise. Thanks. Steve

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