T5 B24 Copies Of Doc Requests File 2 Fdr- Dhs Tab- Entire Contents- Dhs Doc Requests- Response Index

Thomas H. Kean CHAIR

Lee H. Hamilton VICE CHAIR

Richard Ben-Veniste Max Cleland

DHS DOCUMENT REQUEST NO. 1

The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the U.S. Department of Homeland Security (DHS or the "respondent") provide the Commission with copies of the following documents no later than August 6, 2003 (the "production date"):

Fred F. Fielding Jamie S. Gorclick Slade Gorton John Lehman

Documents related to 9/11/01: 1. Joint Inquiry. All materials provided by the Immigration and Naturalization Service (INS) and the Customs Service to the Joint Inquiry.

Timothy J. Roemer James R. Thompson Philip D. Zelikow EXECUTIVE DIRECTOR

2. 9/11 hijackers. a. All documents and electronic information regarding the nineteen September 11 hijackers, including all immigration, customs, and "advanced passenger list" or manifest information; any primary or secondary inspection reports; change of status applications; and U.S. identification numbers and cards used, sought or obtained. b. Texas Service Center Enforcement Operations Division, 9-11 Terrorist Review. 3. "Operation Safe Passage." All documents describing and/or evaluating Operation Safe Passage, including staffing levels by port of entry and border patrol sector, to or from the INS Commissioner, Deputy Commissioner, or National Security Unit director, or persons acting in these capacities, from 9/11/01 through 9/20/01. 4. Immediate aftermath communications. Documents setting forth communications regarding border security policy and procedures for the time period from 9/11/01 through 9/20/01, and information sufficient to describe current policy on these topics: a. to the INS or Customs Commissioners from the Executive Office of the President, Attorney General, Secretary of the Treasury, Secretary of Defense, Secretary of State, or other cabinet-level department or agency heads, or persons acting in these capacities; b. from the INS or Customs Commissioners, or persons acting in these capacities, to the regional or district directors offices in charge of pre-inspection and pre-clearance sites, ports of entry, border patrol, and internal enforcement offices; and c. from the INS or Customs Commissioners, or persons acting in these capacities, to overseas office directors. TEL (202) 331-4060 FAX (202) 296-5545 http://www.9-llcommission.gov

DHS Document Request No. 1 Page 2

f 5. National Security Unit directives. All operations orders or directives issued by the INS National Security Unit from 9/11/01 through 9/20/01. 6. Maintenance of documents regarding the 9/11 hijackers. All orders or directives issued by INS on maintaining and collecting information and documents regarding the nineteen September 11 hijackers. 7. Memoranda of Understanding. All Memoranda of Understanding or Agreement among the INS, Treasury Department, and Department of Defense in regard to the Defense Department providing national guard assistance in monitoring and securing the northern and/or southern border. INS Organization and Counterterrorism Budget 8. Organization charts. INS organizational charts for each of the years 1995 through 2002, including names of personnel at the level of Deputy Executive Associate Commissioner or Border Patrol Chief and above, and dates of incumbency. 9. INS Field Operations Division. Documents setting forth summaries of the following by function, budget, number of personnel, and allocation of personnel between headquarters and the field, for the following units, on an annual basis from 1995 through September 20, 2001: a. Border Patrol; b. Intelligence, including the Headquarters Command Center; c. National Security or Counterterrorism Unit; d. Inspections; e. Detention and Removal; and f. Investigations 10. Counterterrorism budget submissions to Congress. Excerpts of narrative summaries of agency Congressional budget and appropriations presentation documents which specifically refer to "national security," "Counterterrorism," "antiterrorism," or "terrorism" for INS from 1995 through 2001. 11. Congressional policy inquiries received by the INS Commissioner, or persons acting in these capacities, or the INS Congressional relations offices, and responses thereto, which specifically refer to "Counterterrorism," "antiterrorism," or "terrorism," from 1995 through September 11, 2001, from: a. U.S. Senators; and b. U.S. House of Representatives leadership, chairmen or ranking members of House of Representatives committees, select committees, or subcommittees, and letters from groups of members.

DHS Document Request No. 1 ; 5age 3

INS Counterterrorism Policy 12. Memoranda to senior officials. Policy statements on counterterrorism to the Attorney General and Deputy Attorney General, the Secretary of State, the Secretary of the Treasury, and to other executive branch agencies, including the Executive Office of the President, from the office of the INS Commissioner, Deputy Commissioner, or Executive Associate Commissioner, or persons acting in these capacities, from June 1995 through September 20, 2001. 13. Management directives. Counterterrorism policy directives provided to INS personnel from the INS Commissioner, Deputy Commissioner, Executive Associate Commissioner, or Deputy Executive Associate Commissioner from 1995 through September 20, 2001. 14. Reports to management. Internal reports or memoranda to the INS Commissioner or Deputy Commissioner on INS activities, proposals, programs, or task forces from 1990 through September 20, 2001, that specifically refer to a subject matter within such report or memoranda as relating to "counterterrorism," "antiterrorism," "terrorism," or "terrorist." 15. PDD-39. INS communications directing or reporting on follow-up actions relating to PDD-39. 16. INS and Customs cooperation on inspections. Memoranda of Understanding and agreements between Customs and INS on the port of entry inspection process, from 1995 through September 20, 2001. Watchlist and Intelligence Functions 17. Watchlist information sharing. a. Agreements among INS, Customs, and the Department of State on watchlist information sharing, including the June 1991 and 1995 TIPOFF agreements, and any subsequent amendments thereto. b. Name and title of the 24 hour duty officer for TIPOFF at INS headquarters from 1991 through September 20, 2001. c. Agreements on intelligence sharing on watchlists and terrorists among CIA, DIA, NSA, State Department, the FBI, and INS from 1995 through September 20, 2001. Counterterrorism Programs and Activities 18. Jamal Mohamed al Khalifa. Interrogation transcripts, notes, reports, and finished analysis of Khalifa while in detention in 1995.

V

DHS Document Request No. 1 Page 4

19. Pre-inspections and pre-clearance. Agreements pertaining to overseas pre-inspections and pre-clearance between foreign authorities, the Department of State, and the INS/Department of Justice, from 1995 through September 20, 2001, and any agreements currently in effect. 20. Student tracking. The following information relating to the student tracking programs (CIPRIS and SEVIS), from 1994 to March 2003: a. Memoranda and correspondence from the Deputy Commissioner and Commissioner's offices to the Deputy Attorney General; b. Memoranda and correspondence which contain general policy or program information between the Commissioner or Directorate offices and the managers and staff responsible for overseeing, developing, and implementing the programs; c. Reports (e.g., "Controls Governing Foreign Students: and Schools That Admit Them. Final Report by the Task Force on Foreign Student Controls," INS, Dec. 22, 1995), findings, and charts, including program characteristics; d. Congressional correspondence that specifically refer to "CIPRIS" or "SEVIS," and INS/DHS responses to such correspondence; e. Correspondence from and responses to the American Council on Education and NAFSA: Association of International Educators; and f. Documents summarizing program characteristics and/or applications. 21. Alien smuggling measures and enforcement relating to terrorism. a. Reports which refer to the alien smuggling of terrorists or persons suspected of terrorist affiliations, from 1995 through September 20, 2001. b. Documents summarizing alien smuggling programs which target, at least in part, terrorists or persons suspected of terrorist affiliations, including interagency activity, from 1995 through September 20, 2001. 22. INS immigration-related anti-fraud measures and enforcement relating to terrorists. a. INS reports which refer to fraud associated with terrorists or terrorist affiliated activity, from 1995 through September 20, 2001. b. Documents sufficient to describe major immigration-related anti-fraud programs, including interagency activity, from 1995 through September 20, 2001. 23. Terrorists referred to secondary inspection. Reports of instances of persons suspected of al Qaeda-related terrorist affiliations, other than the nineteen 9/11 hijackers, being referred to secondary inspection at pre-inspection sites, land borders, and ports of entry, and the disposition of such cases, from 1995 through September 20, 2001. The Commission further requests that documents requested above be provided as soon as they are available, even though all requested documents may not be provided at the same time, through means of a "rolling" production. If any requested documents are withheld from production, even temporarily, based on an alleged claim of privilege or for any other reason, the Commission requests that the respondent, as soon as

DHS Document Request No. 1 Page 5 V 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. July 23, 2003

Daniel Marcus General Counsel

,nne Accolla nt: j: Cc: Subject:

[email protected] Wednesday, July 23, 2003 3:28 PM [email protected]; [email protected] [email protected]; [email protected]; [email protected]; [email protected] DHS document request no. 1

DHS document request no l.doc...

Lucy and Dan: Attached as a Word document is DHS document request no. 1. Please call Janice Kephart-Roberts at 202-401-1705 with any questions about this request and to arrange for production. Feel free to call Dan Marcus or me as well if any issues arise. Thanks. Steve

Thomas H. Kean

DBS DOCUMENT REQUEST NO. 2

CHAIR

Lee H. Hamilton VICE CHAIR

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

Philip D. Zelikow EXECUTIVE DIRECTOR

The National Commission on Terrorist Attacks Upon the United States ("the Commission") requests that the Department of Homeland Security (DHS or the "respondent") provide the Commission with copies of the following documents no later than September 22, 2003: 1. All documents relating to the immigration status of the following individuals and any attempts by these individuals to enter the United States or to obtain U.S. identification numbers or documents, including information relating to these individuals contained in computer databases such as TECS, NAILS, IBIS, MIS, 1-94, ISSA, APIS, Resmon, CLAIMS, SEVIS, NSEERS, and TIPOFF: a. b. c. d. e. f. g. h. i. j. k.

Abderraouf Jdey Julaybib al-Ghamdi Muhammad al-Qahtani Mushabib al-Hamlan Qutaybah al-Najdi Ramzi Binalshibh Sa'ad al-Baluchi Sa'id Abdallah Sa'id al-Ghamdi Saud al-Rashid Zakaria Essabar Zuhair al-Thubaiti

The Commission will provide further identifying information regarding these individuals upon request. The Commission requests that the documents requested above be provided as soon as they are available, even though all requested documents may not be provided at the same time, thorough 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 to the TEL (202) 331-4060 FAX (202) 296-5545 www.9-11 commission.gov

DHS Document Request No. 2 Page 2 Commission 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. September 8, 2003

Daniel Marcus General Counsel

voanne Accolla Sent: To: Cc: Subject:

sdunne@9-11 commission.gov Monday, September 08, 2003 5:06 PM [email protected]; [email protected] [email protected]; [email protected]; [email protected]; [email protected] DHS document request no. 2

DHS Document Request No 2.doc...

John and Dan: Attached as a Word document is DHS document request no. 2 Please call Janice Kephart-Roberts at 202-401-1705 with any questions about this request and to arrange for production. Feel free to call Dan or me as well if any issues arise. Thanks. Steve

x.r "£ UNITED''

Thomas H. Kean CHAIR

Lee H. Hamilton VICE CHAIR

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

Philip D. Zelikow EXECUTIVE DIRECTOR

DBS DOCUMENT REQUEST NO. 3 The National Commission on Terrorist Attacks Upon the United States ("the Commission") requests that the Department of Homeland Security (DHS or the "respondent") provide the Commission with copies of the following materials no later than November 4, 2003 (the "production date"): 1. The Alien file ("A file") for the following individuals:

a. Khalid Sheikh Mohammed, aka AAbdulrahman A. A. Al Ghamdi, aka Abi Abd al-Rahman al-Faqasi al Ghamdi b. Walid bin Attash, aka Khallad, aka Salah Saeed Mohammed Yousef, aka Salah Mohammad Salah Yousef (Country of origin: Yemen) c. Al Aziz Ali, aka Ammar al-Baluchi d. Agus Budiman e. Mohammed bin Nasser Belfas f. Omar al-Bayoumi g. Mohdhar Abdullah h. DiahThabet i. Anwar Aulaqi j. Eyad al-Rababah k. Rayed Abdullah 1. Bandar al-Hazmi m. Jabed al-Thukair n. Abdul Shorabi, aka Abdul Mohammed Abdul Anam Suhail Barkat, aka abu Bar'a al-Ta'izi (country of origin: Yemen) o. Adnan Abdullah Jarrah p. Hamdan Bin Gharib Abdullah Al-Shalawi The Commission further requests that documents requested above be provided as soon as they are available, even though all requested documents may not be provided at the same time, thorough 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 TEL (202) 331-4060 FAX (202) 296-5545 www.9-11 commission.gov

IS Document Request No. 3 Page 2

/

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, or needs any assistance from the Commission to determine the identity of these individuals for purposes of doing accurate records searches, 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. October 21,2003

Daniel Marcus General Counsel


[email protected] Tuesday, October 21, 2003 11:31 AM [email protected] [email protected]; [email protected]; [email protected]; dcampagna@9-11 commission.gov DHS document request no. 3

DHS Document Request No 3.doc...

Dan: Attached as a Word document is DHS document request no. 3. Please call Tom Eldridge at 202-401-1686 with any questions about this request and to arrange for production. Feel free to call Dan Marcus or me as well if any issues arise. Thanks. Steve

Thomas H. Kean CHAIR

DHS DOCUMENT REQUEST NO. 4 Lee H. Hamilton VICE CHAIR

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

PhiHp D. Zelikow EXECUTIVE DIRECTOR

The National Commission on Terrorist Attacks Upon the United States ("the Commission") requests that the Department of Homeland Security (DHS or the "respondent") provide the Commission with access to the following materials no later than November 11, 2003 (the "production date"): 1. INS Policy Council memorialized decisions and minutes from January 1, 1995 through December 31, 2001. 2. Documents from January 1, 1995 through September 20, 2001 located in the following files listed in the INS master records index book: a. Under the heading "terrorist activities" and "anti-terrorist activities," "Examinations-Inspections 70/21/19;" "Enforcement-Investigations 5019.3.4 (Employer Sanctions);" and "Detention and Deportation 5011.18" b. Under the heading "national security," national security decision document binder 38 120/3 (International Affairs) The Commission further requests that documents requested above be provided as soon as they are available, even though all requested documents may not be provided at the same time, thorough 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, or needs any assistance from the Commission to determine the identity of these individuals for purposes of doing accurate records searches, the Commission requests that any such questions or concerns be raised TEL (202) 331-4060 FAX (202) 296-5545 www.9-llcommission.gov

DHS Document Request No. 4 Page 2 with the Commission as soon as possible so that any such issues can be addressed and resolved prior to the production date. October 28, 2003

Daniel Marcus General Counsel

Joanne Accolla From: kSent: To: Cc: Subject:

[email protected] Tuesday, October 28, 2003 12:25 PM [email protected] [email protected]; dmarcus@9-11 commission.gov; [email protected]; [email protected] DHS document request no. 4

DHS Document Request No 4.doc...

Dan: Attached as a Word document is DHS document request no. 4. Please call Janice Kephart-Roberts at 202-401-1705 with any questions about this request and to arrange for production. Feel free to call Dan Marcus or me as well if any issues arise. Thanks. Steve

Thomas H. Kean

DHS DOCUMENT REQUEST No. 5

CHAIR

Lee H. Hamilton VICE CHAIR

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

Philip D. Zelikow EXECUTIVE DIRECTOR

The National Commission on Terrorist Attacks Upon the United States ("the Commission") requests that the Department of Homeland Security (DHS or the "respondent") provide the Commission with copies of the following materials no later than February 26, 2004 (the "production date"): 1. The Alien file ("A file") for the following individuals: a. Mir Aimal Kansi, DOB: 2-10-64, COB: Pakistan. b. Qualid Moncef Benomrane, DOB: 4-29-76, COB: Tunisia, Passport No. L870243. c. Malek Mohamed Seif, DOB: 9-24-65, COB: Djibouti. d. Yazeed al Salmi, DOB: circa 1977, COB: Saudi Arabia. e. Fuad Bazarah, DOB: circa 1977, COB: Yemen. The Commission requests that the documents requested above be provided as soon as they are available, even though all requested documents may not be provided at the same time, thorough 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, or needs any assistance from the Commission to determine the identity of these individuals for purposes of doing accurate records searches, 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. February 9, 2004

Daniel Marcus General Counsel

TEL (202) 331-4060 FAX (202) 296-5545 www.9-11 commission.gov

Page 1 of 1 urine Accolla From:

Steve Dunne

:

Monday, February 09, 2004 6:15 PM

io:

'[email protected]'

Cc:

'[email protected]'; '[email protected]'; Dan Marcus; Team 5; Dianna Campagna

Subject: DHS document request no. 5

Dan: Attached as a Word document is DHS document request no. 5. Please call Susan Ginsburg at 202-401-1747 with any questions about this request and to arrange for production. Feel free to call Dan or me as well if any issues arise. Thanks. Steve

2/10/2004

UNITED

DHS DOCUMENT REQUEST NO. 6 Thomas H. Kean CHAIR

Lee H. Hamilton VICE CHAIR

Richard Ben-Veniste Fred F. Fielding Jamie S. Gorelick Slade Gorton

The National Commission on Terrorist Attacks Upon the United States ("the Commission") requests that the Department of Homeland Security (DHS or the "respondent") provide the Commission with copies of the following documents no later than March 23, 2004: 1. The most recent U.S. Coast Guard report analyzing the vulnerability to exploitation by al Qaeda or other terrorists of merchant mariner documents, and any such report prior to September 11,2001.

Bob Kerrey John Lehman Timothy J. Roemer James R. Thompson Philip D. Zelikow EXECUTIVE DIRECTOR

2. Documents reflecting policy decisions made as a result of meetings on the threat from "ship jumpers" between U.S. Coast Guard and Customs Service officials and White House officials from 1998 through September 11, 2001. 3. The most recent U.S. Coast Guard report analyzing the issue of "ship jumpers." The Commission requests that the documents requested above be provided as soon as they are available, even though all requested documents may not be provided at the same time, through means of a "rolling" production. If any requested documents are withheld from production, even temporarily, based on an alleged claim of privilege or for any other reason, the Commission requests that the respondent, as soon as possible and in no event later than the production date, identify and describe each such document or class of documents, as well as the alleged basis for not producing it, with sufficient specificity to allow a meaningful challenge to any such withholding. If the respondent does not have possession, custody or control of any requested documents but has information about where such documents may be located, the Commission requests that the respondent provide such information as soon as possible and in no event later than the production date. If the respondent has any questions or concerns about the 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. March 9, 2004

Daniel Marcus General Counsel TEL (202) 331-4060 FAX (202) 296-5545 http://www.9-llcommission.gov

Page 1 of 1 >anne Accolla : -

.it:

Steve Dunne Tuesday, March 09, 2004 12:05 PM

To:

'[email protected]'

Cc:

'[email protected]'; Dan Marcus; Team 5; Dianna Campagna

Subject: DHS document request no. 6

John: Attached as a Word document is DHS document request no. 6. Please call Janice Kephart-Roberts at 202-4011705 with any questions about this request and to arrange for production. Feel free to call Dan or me as well if any issues arise. Thanks. Steve

3/9/2004

Thomas H. Kean CHAIR Lee H. Hamilton VICE CHAIR

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

Philip D. Zelikow EXECUTIVE DIRECTOR

DHS DOCUMENT REQUEST No. 7 The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the Department of Homeland Security (DHS or the "respondent") provide the Commission with copies of the following documents no later than May 14, 2004 (the "production date"): 1. All documents relating to the July 5, 2001 briefing of domestic and law enforcement agencies about terrorist threats, organized by NSC Counterterrorism Coordinator Richard Clarke, including but not limited to any documents containing the names and affiliations of the individuals who attended the July 5, 2001 meeting. 2. All documents relating to follow-up efforts and meetings, if any, resulting from the July 5, 2001 briefing of domestic and law enforcement agencies about terrorist threats. The Commission requests that the items described above be provided as soon as they are available, even though all requested items may not be provided at the same time, through means of a "rolling" production. If any requested items 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 documents requested above 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. April 30, 2004

Daniel Marcus General Counsel

TEL (202) 331-4060 FAX (202) 296-5545 www.9-11 commission.gov

DHS REQUEST NO. 1: Team 5, JKR POC FOR ALL RESPONSES, WILL NOT KNOW LEVEL OF RESPONSIVENESS UNTIL TOLD BY DHS POC THAT DOCUMENT PRODUCTION IS COMPLETE; STILL IN ROLLING PRODUCTION. UNTIL RECEIVE CLOSURE, WILL NOTE 'PARTIAL', UNLESS REQUEST FOR A SINGLE DOCUMENT, AND THEN WILL NOTE 'YES' IF RECEIVED. JKR IS EXPECTING MORE DOCUMENTS TO BE RECEIVED ON AUGUST 20, 2003. t»iiH«i

1.

Joint Inquiry. All materials provided by the Immigration and Naturalization Service (INS) and the Customs Service to the Joint Inquiry.

2. 2 a.

9/11 Hijackers All documents and electronic information regarding the nineteen September 1 1 hijackers, including all immigration, customs, and "advanced passenger list" or manifest information; any primary or secondary inspection reports; change of status applications; and U.S. identification numbers and cards used, sought or obtained.

2b.

Texas Service Center Enforcement Operations Division, 9-11 Terrorist Review. "Operation Safe Passage." All documents describing and/or evaluating Operation Safe Passage, including staffing levels by port of entry and border patrol sector, to or from the INS Commissioner, Deputy Commissioner, or National Security Unit director, or

3.

HHBHBUBJBra! 8-19-03 partial

8-19-03

partial

8-19-03

no

8-19-03

no

gi^^i^B^^BgHiMiiiiligii8Haiii»^^^»liiBMi«»Mi ~

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i.«i.irair..«ii«im.«fiiii,niiiii—r«n™nmnn. i n i m n m i i i • i i m n i n i r i n i rar

Received narratives of immigration information and change of status applications per hijackers, with updates as to changes in information since information provided to Jt. Inquiry. Have received folders on each hijacker, but some folders pertain to individuals who were not hijackers and still missing: • of the folders of the 19 hijackers, Nawaf al Hazmi's is missing • the underlying TECS and other computer database records listed in the Texas Service documentation are not in the files of the 19; • secondary inspections reports • change of status applications and I20s referenced

4.

persons acting in these capacities, from 9/11/01 through 9/20/01. Immediate aftermath communications. Documents setting forth communications regarding border security policy and procedures for the time period from 9/11/01 through 9/20/01, and information sufficient to describe current policy on these topics:

8-19-03

8-19-03

no

8-19-03

partial

8-19-03

no

8-19-03

partial

8-19-03

no

8-19-03

Partial, I think

4 a.

4b.

4c.

to the INS or Customs Commissioners from the Executive Office of the President, Attorney General, Secretary of the Treasury, Secretary of Defense, Secretary of State, or other cabinet-level department or agency heads, or persons acting in these capacities; from the INS or Customs Commissioners, or persons acting in these capacities, to the regional or district directors offices in charge of pre-inspection and preclearance sites, ports of entry, border patrol, and internal enforcement offices; and from the INS or Customs Commissioners, or persons acting in these capacities, to overseas office directors. National Security Unit directives. All operations orders or directives issued by the INS National Security Unit from 9/11/01 through 9/20/01. Maintenance of documents regarding the 9/11 hijackers. All orders or directives issued by INS on maintaining and collecting information and documents regarding the nineteen September 11 hijackers Memoranda of Understanding. All Memoranda of Understanding or Agreement among the INS, Treasury Department, and Department of Defense in regard to the Defense Department providing national guard assistance in monitoring and securing the northern and/or southern border.

Very little to date received

One 2002 MOU

1

pjMiil^ffllli^^^ ^;fe^p:ili^^i.':i;'yfe]i!fei

8.

ffwHwIpinKi!

Organization charts. INS organizational charts for

jiiiM

8-19-03

no

8-19-03

partial

8-19-03 8-19-03

no no

8-19-03 8-19-03 8-19-03 8-19-03

no no no partial

each of the years 1995 through 2002, including names

of personnel at the level of Deputy Executive Associate Commissioner or Border Patrol Chief and above, and dates of incumbency 9.

9 a. 9b. 9c. 9d. 9e. 9f.

INS Field Operations Division. Documents setting forth summaries of the following by function, budget, number of personnel, and allocation of personnel between headquarters and the field, for the following units, on an annual basis from 1995 through September 20, 2001 : Border Patrol Intelligence, including the Headquarters Command Center National Security or Counterterrorism Unit Inspections Detention and Removal, and Investigations

Only a few years represented

1 10.

11.

11 a. lib.

12.

13.

Counterterrorism budget submissions to Congress. Excerpts of narrative summaries of agency Congressional budget and appropriations presentation documents which specifically refer to "national security," "Counterterrorism," "antiterrorism," or terrorism" for INS from 1995 through 2001 Congressional policy inquiries received by the INS Commissioner, or persons acting in these capacities, or the INS Congressional relations offices, and responses thereto, which specifically refer to "Counterterrorism," "antiterrorism," or "terrorism," from 1995 through September 11, 2001, from: U.S. Senators; and U.S. House of Representatives leadership, chairmen or ranking members of House of Representatives committees, select committees, or subcommittees, and letters from groups of members Memoranda to senior officials. Policy statements on Counterterrorism to the Attorney General and Deputy Attorney General, the Secretary of State, the Secretary of the Treasury, and to other executive branch agencies, including the Executive Office of the President, from the office of the INS Commissioner, Deputy Commissioner, or Executive Associate Commissioner, or persons acting in these capacities, from June 1995 through September 20,2001. Management directives. Counterterrorism policy directives provided to INS personnel from the INS Commissioner, Deputy Commissioner, Executive Associate Commissioner, or Deputy Executive Associate Commissioner from 1995

8-19-03

partial

8-19-03

partial

8-19-03 8-19-03

partial partial

8-19-03

no

8-19-03

partial

Only one budget submission received

No correspondence FROM Congress Much received is after 2001 Nothing pre 1998, as these records were apparently destroyed

These responses are mixed through the documents received, including ICE Intel, Special Agent in Charge field office files, executive secretariat, congressional relations, and ICE national security unit

through September 20, 2001. 14.

15. 16.

17. 17 a.

17 b. 17 c. 18. 19.

Reports to management. Internal reports or memoranda to the INS Commissioner or Deputy Commissioner on INS activities, proposals, programs, or task forces from 1990 through September 20, 2001, that specifically refer to a subject matter within such report or memoranda as relating to "counter-terrorism," "antiterrorism," "terrorism," or "terrorist." PDD-39. INS communications directing or reporting on follow-up actions relating to PDD39. INS and Customs cooperation on inspections. Memoranda of Understanding and agreements between Customs and INS on the port of entry inspection process, from 1995 through September 20, 2001. Watchlist information sharing. Agreements among INS, Customs, and the Department of State on watchlist information sharing, including the June 1991 and 1995 TIPOFF agreements, and any subsequent amendments thereto. Name and title of the 24 hour duty officer for TIPOFF at INS headquarters from 1991 through September 20, 2001. Agreements on intelligence sharing on watchlists and terrorists among CIA, DIA, NSA, State Department, the FBI, and INS from 1995 through September 20, 2001. Jamal Mohamed al Khalifa. Interrogation transcripts, notes, reports, and finished analysis of Khalifa while in detention in 1995 Pre-inspections and pre-clearance. Agreements

8-19-03

partial

8-19-03

no

8-19-03

no

8-19-03 8-19-03

yes

8-19-03

no

8-19-03

no

8-19-03

no

8-19-03

no

document productions. Many SAC units responded that they had no documents responsive. Very little.

;^IS

ui,n»- JKl^Jl* i

20. 20 a. 20 b.

20 c.

20 d. 20 e. 20 f. 21. 21 a.

pertaining to overseas pre-inspections and pre-clearance between foreign authorities, the Department of State, and the INS/Department of Justice, from 1995 through September 20, 2001, and any agreements currently in effect. Student tracking. The following information relating to the student tracking programs (CIPRIS and SEVIS), from 1994 to March 2003: Memoranda and correspondence from the Deputy Commissioner and Commissioner's offices to the Deputy Attorney General; Memoranda and correspondence which contain general policy or program information between the Commissioner or Directorate offices and the managers and staff responsible for overseeing, developing, and implementing the programs; Reports (e.g., "Controls Governing Foreign Students: and Schools That Admit Them. Final Report by the Task Force on Foreign Student Controls," INS, Dec. 22, 1995), findings, and charts, including program characteristics; Congressional correspondence that specifically refer to "CIPRIS" or "SEVIS," and INS/DHS responses to such correspondence; Correspondence from and responses to the American Council on Education and NAFSA: Association of International Educators; and Documents summarizing program characteristics and/or applications Alien smuggling measures and enforcement relating to terrorism. Reports which refer to the alien smuggling of terrorists or persons suspected of terrorist affiliations, from 1995 through September 20, 2001.

8-19-03

partial

8-19-03 8-19-03

8-19-03

8-19-03 8-19-03 8-19-03 8-19-03 8-19-03

no

A bit in congressional correspondence, but nothing else

21 a

22.

22 a. 22 b.

23.

Documents summarizing alien smuggling programs which target, at least in part, terrorists or persons suspected of terrorist affiliations, including interagency activity, from 1995 through September 20, 2001. INS immigration-related anti-fraud measures and enforcement relating to terrorists. INS reports which refer to fraud associated with terrorists or terrorist affiliated activity, from 1995 through September 20, 2001 Documents sufficient to describe major immigrationrelated anti-fraud programs, including interagency activity, from 1995 through September 20, 2001 Terrorists referred to secondary inspection. Reports of instances of persons suspected of al Qaeda-related terrorist affiliations, other than the nineteen 9/11 hijackers, being referred to secondary inspection at preinspection sites, land borders, and ports of entry, and the disposition of such cases, from 1995 through September 20, 2001.

8-19-03

no

8-19-03

8-19-03

8-19-03

no

DHS DOCUMENT REQUEST NO. 8 Thomas II. Kean CHAIR

Lee II. Hamilton VICE CHAIR

Richard Ben-Veniste Fred F. Fielding Jamie S. Gorelick Slade Gorton

The National Commission on Terrorist Attacks Upon the United States ("the Commission") requests that the Department of Homeland Security (DHS or the "respondent") provide the Commission with copies of the following documents no later than May 19, 2004: 1. Documents sufficient to provide a list of current Science and Technology Directorate research and development projects concerning border security, relating to the flow of people (not cargo), and the amount of funds budgeted for each project.

Bob Kerrey John Lehman Timothy J. Roemer James R. Thompson Philip D. Zelikow E X E C U T I V E DIRECTOR

The Commission requests that the documents requested above be provided as soon as they are available, even though all requested documents may not be provided at the same time, through means of a "rolling" production. If any requested documents are withheld from production, even temporarily, based on an alleged claim of privilege or for any other reason, the Commission requests that the respondent, as soon as possible and in no event later than the production date, identify and describe each such document or class of documents, as well as the alleged basis for not producing it, with sufficient specificity to allow a meaningful challenge to any such withholding. If the respondent does not have possession, custody or control of any requested documents but has information about where such documents may be located, the Commission requests that the respondent provide such information as soon as possible and in no event later than the production date. If the respondent has any questions or concerns about the 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. May 5, 2004

Daniel Marcus General Counsel

TEL (202) 331-4060 FAX (202) 296-5545 http://www.9-llcornrnission.gov

Page 1 of 1 /anne Accolla From: .it:

Steve Dunne Wednesday, May 05, 2004 11:14 AM

To:

'Mitnick, John'

Cc:

'[email protected]; Dan Marcus; Team 5; Dianna Campagna

Subject: DHS document request no. 8

John: Attached as a Word document is DHS document request no. 8. Please call Susan Ginsburg at 202-401-1747 with any questions about this request and to arrange for production. Feel free to call Dan or me as well if any issues arise. Thanks. Steve

5/6/2004

DBS DOCUMENT REQUEST NO. 9 Thomas H. Kean CHAIR

Lee H. Hamilton VICE CHAIR

Richard Ben-Veniste Fred R Fielding Jamie S. Gorelick

The National Commission on Terrorist Attacks Upon the United States ("the Commission") requests that the U.S. Department of Homeland Security (DHS or the "respondent") provide the Commission with copies of the following documents no later than June 8, 2004: 1. All records relating to the decision in May 2003 to prevent the admission into the United States, but not to revoke the visa, of Fahad al Thumairy, an accredited diplomat with the Saudi Arabian consulate in Los Angeles, California.

Slade Gorton Bob Kerrey John Lehman

The Commission requests that the documents requested above be provided as soon as they are available, even though all requested documents may not be provided at the same time, through means of a "rolling" production.

Timothy J. Roemer James R. Thompson

Philip D. Zelikow KXF.CL'TIVE DIRECTOR

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. May 25, 2004

Daniel Marcus General Counsel

TEL (202) 331-4060 FAX (202) 296-5545 http://www.9-l 1 commission.gov

Page 1 of 1 ^ Accolla ^om: .it:

Steve Dunne Tuesday, May 25, 2004 9:45 AM

To:

'Mitnick, John1

Cc:

'[email protected]'; Dan Marcus; Team 5; Team 1A; Dianna Campagna

Subject: DHS document request no 9

John: Attached as a Word document is DHS document request no. 9. Please call Tom Eldridge at 202-401-1686 with any questions about this request and to arrange for production. Feel free to call Dan or me as well if any issues arise. Thanks. Steve

5/25/2004