T5 B24 Copies Of Doc Requests File 2 Fdr- Doj Tab- Entire Contents- Doj Doc Requests And Responses 187

Thomas H. Kean CHAIR

FBI DOCUMENT REQUEST NO. 13

Lee H. Hamilton VICE CHAIR

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

Philip D. Zelikow E X E C U T I V E DIRECTOR

The National Commission on Terrorist Attacks Upon the United States ("the Commission") requests that the Federal Bureau of Investigation (FBI or the "respondent") provide the Commission with copies of the following documents no later than September 26, 2003 (the "production date"): 1. Memoranda to and from the FBI Director. For the period from February 26, 1993 through Sept. 20, 2001, policy memoranda, including memoranda concerning the issues of student tracking and watchlisting, regarding the role of immigration law enforcement in counterterrorism investigations and prosecutions: a. to the Director of the FBI from the Office of the Attorney General, the Office of the Deputy Attorney General, or the Commissioner of the Immigration and Naturalization Service (INS), or persons acting in these capacities; and b. from the Director of the FBI to the Office of the Attorney General, the Office of the Deputy Attorney General, or the Commissioner of the INS, or persons acting in these capacities. 2. Documentation on previous terrorist entry to the United States. The Alien file ("A-File") collected by the FBI in connection with its investigation or prosecution of the following individuals: a. Nidal Ayyad b. Mahmud Abouhalima c. Mohammed Abouhalima d. Ahmad Mohammad Ajaj e. Mohammed Salameh f. Eyad Ismoil g. Ramzi Yousef h. Mustapha Shalabi i. Bilall Alkaisi j. Sheik Omar Abdel Rahman k. El Sayyid Nosair 1. Ibrahim el Gabrowny m. Mohammed Saleh n. Amir Abdelghani o. Fadil Abdelghani p. Tarig Elhassan q. Fares Khallafalla r. Siddig Ibrahim Siddig Ali s. Matarawy Mohammed Said Saleh t. Abdo Mohammed Haggag u. Gazi Ibrahim Abu Mezer v. Lafi Khalil TEL (202) 331-4060 FAX (202) 296-5545 http://www.9-llcommission.gov

FBI Document Request No. 13 Page 2

w. x. y. z. aa. bb. cc. dd.

Abdul Hakim Murad Ali Mohammed Khalid Abu Al Dahab Wadih el Hage Essam al Ridi Ahmed Ressam Abdelghani Meskini Abdel Hakim Tizegha

3. FBI immediate response on immigration and border security. Documents setting forth the FBI's role in governmental actions taken with regard to immigration and border security from September 11, 2001 through December 31, 2001, including the dates of and names of attendees at White House meetings attended by FBI officials to address border security issues; policy papers prepared by the FBI for the above meetings; and memoranda to the Office of the Attorney General and Deputy Attorney General from the Director of the FBI sufficient to establish the FBI's current role in border security. 4. Liaison by border authorities with the FBI. Documents sufficient to show the process by which the FBI was notified by US border authorities of the entry into the United States of potential foreign terrorists, and coordinated response to such entries, including: Interagency agreements between the FBI and other U.S. Government agencies on this topic in force from January 1, 1998 through September 11, 2001; interagency agreements between the FBI and other U.S. Government agencies on this topic currently in force; and documents, including interagency agreements, reflecting policies, practices, and assignments with respect to INS, U.S. Customs Service, and U.S. Diplomatic Security Service detailees assigned to FBI-led Joint Terrorism Task Forces (JTTFs) from January 1, 1998 through September 11, 2001. 5. Watchlisting of terrorists before September 11,2001. From January 1, 1998 through September 11, 2001, documents sufficient to show the FBI's criteria for placing individuals into the TIPOFF watchlist and the Violent Gang and Terrorist Organization File (VGTOF); the number of individuals FBI submitted to each list and the number of individuals in VGTOF for terrorism concerns on September 11, 2001; and interagency agreements in force between the FBI and other federal, state and local agencies on watchlist data sharing. 6. Watchlisting of terrorists after Sept. 11,2001. FBI policy directives currently in effect regarding terrorist watchlists, including the criteria for placing individuals into TIPOFF and VGTOF for terrorism concerns; interagency agreements in force between the FBI and other federal, state, and local agencies regarding the sharing of data on watchlists; the most recent policy statement and Memorandum of Understanding (MOU) concerning expansion of watchlists and state and local authorities' access to them; and a list of current FBI employees on detail to the Terrorist Threat Integration Center assigned to work on terrorist Watchlisting. 7. FBI terrorist identity lookback project. Documents setting forth or summarizing the description and results of the project undertaken by the FBI prior to the 2002 Winter Olympic Games in Salt Lake City, Utah, under which the FBI tasked its field offices to cull terrorism investigation files for the names of potential terrorists for addition of their names to the Violent Gang and Terrorist Organization File (VGTOF) and NCIC databases for watchlist and related purposes.

FBI Document Request No. 13 Page3

8. Visa Identification Terrorist Automated Lookout (VITAL). Documents sufficient to describe the origin, mission, and results of the VITAL project, including the number of potential foreign terrorists identified who have attempted to enter or have entered the United States. 9. Visas Condor. Documentation and information discussed in the briefing for the Commission on July 31, 2001 describing the Condor namecheck program, including: a. Mission - the directive establishing the Condor program and the criteria for countries and individuals subject to it; b. Personnel - the names of the lead personnel and those responsible for preparing the Condor Security Advisory Opinions (SAO's) sent to the State Department; c. Statistics — the number of visas Condor SAO's performed by the FBI from its inception in 2001 to the present, by month; a chart graphing the number of Condor SAO's on one axis and the number of days it took to complete the clearance on the other axis; d. Counterrorism results — the categories of reasons cited by the FBI for proposing to the State Department that visas be denied, and the numbers of denials proposed by category; the number of aliens to whom a visa was denied based on FBI's SAO; the number of aliens to whom a visa was granted over the objection of the FBI; the number of SAO's performed by the FBI where the FBI was unable to locate its files pertaining to the individual (where the individual was either a subject or a cross-reference in an FBI investigation) with a breakdown stating whether the missing files were counterterrorism or other files; and e. Current status — the most recent memorandum to the Attorney General or Deputy Attorney General summarizing the status and accomplishments of the Condor program, including any revised criteria; and documents sufficient to describe efforts currently underway to establish a candidate scoring system for visa applicants. 10. Foreign Terrorist Tracking Task Force (FTTTF). Documentation shown or discussed in the briefing for the Commission on August 21, 2001, including: the powerpoint presentation showing FTTTF's mission, methodology, and list of databases; FTTTF's role supporting the Condor, Tiger, Absconder and other counterterrorism initiatives; the number of individuals identified as potential foreign terrorists on existing watchlists whom FTTTF located in the United States; and the most recent memorandum to the FBI Director or his designee reporting on the status of FTTTF, its current staffing, and relation to the national watchlist center. 11. Security Directive List. Documents sufficient to establish the origin, mission, and results of the Security Directive List created and disseminated by the FBI in the immediate aftermath of September 11,2001. 12. Immigration-related detainee program. All electronic communications, investigative inserts, letterhead memoranda, affidavits, and FD 302s, related to those individuals among the illegal immigrants detained and held after September 11, 2001 on immigration-related charges who were determined to be affiliated with or associates of the 19 hijackers, al Qaeda, or related groups; and the total number of aliens detained as a counterterrorism measure. 13. Voluntary interviews. Documents sufficient to establish the origin, mission and criteria, organization and results (prosecutorial and preventive) of the voluntary interview program involving interviews of Muslims, Arabs, and others by the FBI or Joint Terrorism Task Forces in response to the attacks on September 11, 2001, including criteria on when and how to detain interview subjects.

FBI Document Request No. 13 Page 4

14. "S" visas. Documents sufficient to describe the FBI's role in the "S" visas program for individuals who have supplied terrorist-related information to U.S. law enforcement, including the number of individuals to whom "S" visas were issued since September 11, 2001, and whether such persons were associated with immigration-related detainees program, the voluntary interview program, the Absconder Initiative, or another FBI activity. 15. Referrals for prosecution on immigration charges. Documents setting forth the number of individuals who were either the subject of or a cross-reference in an FBI counterterrorism investigation who were referred by the FBI for prosecution on at least one immigration charge during the period (a) from January 1, 1998 through September 11, 2001; and (b) from September 12, 2001, through the present. 16. Alien smuggling along the Southwest border. Documents from January 1, 1998 through the present discussing the issue of smuggling of aliens from the Middle East, Pakistan and Afghanistan into the United States across the Southwest border. 17. Links between illegal entry into the US and organized crime. Documents from 1998 to the present discussing in summary form FBI information about linkages between illegal entry by terrorists into the United States and organized crime, weapons traffickers, traffickers in persons, terrorist financiers, or narcotics traffickers.

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, 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 12, 2003

Daniel Marcus General Counsel

panne Accolla nt: j: Cc: Subject:

[email protected] Friday, September 12, 2003 3:12 PM [email protected] [email protected]; [email protected]; [email protected]; [email protected] FBI document request no. 13

FBI document request no 13.doc...

Pat: Attached as a Word document is FBI document request no. 13. 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

Please call

U.S. Department of Justice Federal Bureau of Investigation

Office of the General Counsel

Washington, D.C. 20535

September 3, 2003

Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100KStreet,N.W. Washington, D.C. 20036 RE: Commission's Request for Documents Dear Mr. Marcus: In response to the Commissions Request for Documents, please find the following:

•

• • • •

Documents responsive to Document Request l-8e: 2001 AFOR Phoenix Field Office; Documents responsive to Document Request l-8e: 2000 AFOR Phoenix Field Office; Documents responsive to Document Request l-8e: 1999 AFOR Phoenix Field Office; Documents responsive to Document Request l-8e: 1998 AFOR Phoenix Field Office; Documents responsive to Document Request 1-11: 1998 Inspection Report for Berlin Legat; Documents responsive to Document Request 1-11: 1998 Inspection Report for Bonn Legat; > Documents responsive to Oral Request from Thomas Eldridge.

This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613.

Sincerely,

Assistant General Counsel

Date of Item

Type

Document Request / Item*

09/04/03

09/03/03

RFBI

1

09/04/03

undated

RFBI

1,8e

03005660

2001 Annual Field Office Report [Phoenix Field Office] [packet #22] 0000044600004777 Classified Material attached

GSA

09/04/03

undated

RFBI

1, Be

03005661

2000 Annual Field Office Report [Phoenix Field Office] [packet #23] 000004779000005022 Classified Material attached

GSA

09/04/03

undated

RFBI

1,8e

030005662

1999 Annual Field Office Report [Phoenix Field Office] [packet #24] 000005023000005164 Classified Material attached

GSA

09/04/03

undated

RFBI

1,8e

03005663

1998 Annual Field Office Report [Phoenix Field Office] [packet #25] 000005165Classified Material attached 000005275

GSA

09/04/03

undated

RFBI

1, 11

03005664

Inspector's Report Berlin Legat 2001 Classified Material attached

000000001000000254

GSA

09/04/03

undated

RFBI

1,11

03005665

Inspector's Report Bonn Legat 1998 Classified Material attached

000000255000000541

GSA

09/04/03

undated

RFBI

03005666

000000193H I IF Technology Demonstration [oral request from Tom Eldridge] 000000216

GSA

Date Logged

Doc*

From

To

Subject

Agency ID Number

Location

03005659 Sinton, Robert Marcus, Daniel Response to FBI Document Request No. 1

Updated September 3, 2003

Joanne Accolla m: t: , u: Subject:

Susan Ginsburg [[email protected]] Friday, September 26, 2003 4:02 PM [email protected] FW: FBI #13 -- SG comments on Levin notes

Original Message From: [email protected] [mailto:[email protected]] Sent: Friday, September 26, 2003 3:46 PM To: Susan Ginsburg Cc: [email protected] Subject: RE: FBI #13 - - SG comments on Levin notes I conveyed the gist of these comments to Dan Levin, who was agreeable to the clarifications, so I think we are all on the same page. If we are unhappy with what we get, we can always go back to the well or ask at interviews, and Levin is happy to gives us names of people we should interview on these issues. Quoting Susan Ginsburg <[email protected]>: > Dan and Steve, > Below are my comments on Dan Levin's notes about our FBI document > request "and the upcoming DOJ one." Tom will be over there to meet > with Scott Allen •"""""'at 1. I will make sure he gets this to review then, in case you can vait.

i > put * by two of them which are the most important. > Thanks. > Susan > > > > >

Original Message From: [email protected] [mailto:[email protected]] Sent: Thursday, September 25, 2003 9:16 AM To: [email protected] Subject: Fwd: FBI #13

> susan and Tom: this looks OK to Steve and me. Let me know > immediately if you see any problem (as opposed to minor quibbles!). > DM > Forwarded message from "[email protected]" > > Date: Thu, 25 Sep 2003 08:06:13 -0400 (EDT) > From: "[email protected]" > Reply-To: "[email protected]" > Subject: FBI #13 > To: "'[email protected]'" llcommission.gov>, "'[email protected]'" <[email protected]> ;i AM RESENDING THIS BECAUSE OUR SYSTEM WAS DOWN AND I'M NOT SURE IT - WENT > THROUGH - IF YOU ALREADY GOT IT, SORRY. THANKS.]

just wanted to make sure my notes were right from our meeting on FBI ? #13 (and the upcoming DOJ one). Please let me know if you have any 'disagreement rith

the following:

> 1. In general, at least as an initial matter, > to > the central records systems (for the DOJ one I > individual's files if I think there is someone > responsive > material that can be easily retrieved). Also, between

searching can be limited may also try to search an who is likely to have we can shift requests

> FBI and DOJ (or DHS) if it makes it easier to respond (we'll obviously > let you know if we do so).

>

YES

> 2.

Item #2 has been shifted to DHS

>

YES

> > > > >

3. Item #3 - the post 9/20 period is not being considered part of the "immediate response" but rather policy changes; you are looking for substantive documents (which we will likely shift to DOJ) reflecting the policies as opposed to identifying every meeting or participant.

> WAS FBI LEADERSHIP A POTTED PLANT? IF "IMMEDIATE RESPONSE1" DID NOT > INCLUDE ADDRESSING WHAT TO DO AT THE BORDER AND WHAT TO DO ABOUT > POSSIBLE ASSOCIATES IN THE US, THAT WOULD BE SURPRISING. THAT BEING ya-^SAID. WE ARE LOOKING FOR KEY SUBSTANTIVE DOCUMENTS, WITH DATES, ^ \SSOCIATED WITH THE INDIVIDUALS WHO DEVELOPED THE PROPOSALS, SANCTIONED, AND IMPLEMENTED THEM. > WE WOULD LIKE THE KEY PEOPLE FROM FBI -- THOSE WHO PROPOSED, > DECIDED, AND IMPLEMENTED --TO BE IDENTIFIED SO WE CAN INTERVIEW THEM. IF WE > DID NOT STATE THIS ADEQUATELY WE CAN ADD IT TO THE DOJ REQUEST. > 4. On #7, the focus is not the Olympics or Olympic security but the > particular project and you are looking for summary documents > evaluating the > project and its results. > WE ARE LOOKING FOR THE ACTUAL RESULTS. HOW MANY ADDITIONAL ISLAMIC > FUNDAMENTALIST TERRORISTS WERE IDENTIFIED THROUGH THIS PROCESS THAT > WERE ADDED TO VGTOF? THUS -- "DOCUMENTS SUMMARIZING THE PROJECT AND > ITS RESULTS." > 5. For #11 again you are looking for significant policy documents > describing the purpose and/or results of the list. >

RESULTS.

> 6. For #12 in the first instance at least you are looking for names of > people affiliated with the hijackers, AQ, or groups related to AQ (and > you will then check to see if you already have additional information > on any such people). > •^^ *WE REQUEST THE TOTAL NUMBER OF IMMIGRATION RELATED DETAINEES (AS STATED IN THE FINAL CLAUSE), AND THE ABOVE INFORMATION. > 7. >

On #13, you are looking for summary documents evaluating the project

2

and its results. > >

THE SUMMARY NEEDS TO INCLUDE CRITERIA FOR THE INTERVIEWS, NUMBER OF INTERVIEW'S, AND THE RESULTS.

J. On #14, we will check to see if the FBI has any easy way to provide > such summary information but will not go through each individual file > or field office/USAO to try to determine it. Similarly on #15, we > will see if the FBI > (or DOJ) has any easy way from computerized systems to determine these > numbers > but will not go through individual files or field of f ices/USAOs to try to > determine this. > > *#14 ALLOWS US TO SHOW SOMETHING POSITIVE, AND EVALUATE THIS > POTENTIALLY SIGNIFICANT TOOL. WE WOULD LIKE TO BE AS CREATIVE AS > POSSIBLE ABOUT HOW TO GET IT. FOR INSTANCE WE MIGHT ACTUALLY WANT TO > GO TO ONE OR TWO KEY FIELD OFFICES FOR A CHECK. WE WOULD LIKE DHS TO > BE CONSULTED ABOUT > WHETHER THEY CAN OBTAIN THIS INFORMATION. WHO WAS THE INDIVIDUAL WHO > HAD THE FINAL SAY ON PROVIDING THIS BENEFIT AT FBI /DOJ? > > 9. On #16 and #17 you are looking for significant or summary reports or > > analyses on these subjects. > > WE WANT TO KNOW IF FBI HAS ANY EVIDENCE THAT TERRORISTS HAVE ENTERED > THROUGH THE SW BORDER, THROUGH ALIEN SMUGGLING AND/OR NARCOTICS TRAFFICKING > OR OTHER FORMS OF ORGANIZED CRIME. FOR THIS QUESTION, AN INTERVIEW > WITH

-AH \PPROPRIATE PERSON MIGHT BE AN ACCEPTABLE SUBSTITUTE. > (Again, in a number of these areas there may be no such summary > documents or > > evaluations, but we will look for them.) > > Do I have it right? > > Thanks . > > > ----- End forwarded message -----

U.S. Department of Justice Federal Bureau of Investigation

Office of the General Counsel

Washington, D. C. 20535

October 6, 2003 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100 K Street, N.W. Washington, D.C. 20036

yj J J^ \l_^r\^/r>^*^'

RE: Commission's Request for Documents Dear Mr. Marcus: In response to the Commissions Request for Documents, please find the following: Documents responsive to Document Request 5-4c; Documents responsive to Document Request 5-9a -8 Packets; Documents responsive to Document Request 10-lc; Documents responsive to Document Request 10-Id; Documents responsive to Document Request 10-If; Documents responsive to Document Request 10-lg; Documents responsive to Document Request 10-lh; Documents responsive to Document Request 10-Ik; Documents responsive to Document Request 10-11; Documents responsive to Document Request 10-Is; Documents responsive to Document Request 10-lu; ; Documents responsive to Document Request 13-4.^ Additionally, enclosed is an electronic copy of the time line and, as a" separate document, a set of instructions for searching the time line. Adherence to these instructions will prevent possible reconfiguration of the chart. This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613.

J

Roberts. Sinton Assistant General Counsel

U.S. Department of Justice Federal Bureau of Investigation Washington, D. C. 20535-0001

October 8, 2003 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100KStreet,N.W. Washington, D.C. 20036 RE: Commission's Request for Documents Dear Mr. Marcus: In response to the Commissions Request for Documents, please find the following: Documents responsive to Document Request 3-Supplemental #lb; Documents responsive to Document Request 3-Supplemental #lc; Documents responsive to Document Request 3-Supplemental #li; Documents responsive to Document Request 5-9a - 3 Packets; Documents responsive to Document Request 10-lb; Documents responsive to Document Request 10-1m; Documents responsive to Document Request lO-lo; Documents responsive to Document Request 10-lr; Documents responsive to Document Request 10-lw; Documents responsive to Document Request 10-lx; Documents responsive to Document Request 13-10; Documents responsive to Document Request 14-3. This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613. Sincerely,

Robert S. Sinton Assistant General Counsel

U.S. Department of Justice Federal Bureau of Investigation

Washington, D. C. 20535-0001

October 21,2003 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100KStreet,N.W. Washington, D.C. 20036 RE: Commission's Request for Documents Dear Mr. Marcus: In response to the Commission's Request for Documents, please find the following: Documents responsive to Document Request 3-Supplemental #lg - 13 Packets; Documents responsive to Document Request 10-lz - 3 Packets; Documents responsive to Document Request 13-6. ^

This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613. Sincerely,

Robert S. Sirton Assistant General Counsel

WATCHLISTING OF TERRORISTS AFTER SEPTEMBER 11,2001

RESPONSIVE to REQUEST #13-6 [PACKET #2]

COMMISSION COPY

To: 9-11 Commission Task Force From: Terrorist Threat Integration Center (TTIC) Subject: Request for a list of current FBI employees detailed to TTIC, assigned to work on terrorist watchlisting. Date: October 10, 2003 Details: The Terrorist Identities Group (TIG), within TTIC, is the organizational component tasked with developing and maintaining an all-source terrorist identities database. It is from this database, that watchlist nominations will be provided to the newly created Terrorist Screening Center. Currently, only one FBI employee is assigned to the TIG, that being the Group Chief, SSA Michael D. Resnick. It is anticipated that five FBI analysts will be assigned to the TIG by year-end. An additional 10 FBI analysts have been requested to report to the TIG by May, 2004. These analysts will be responsible for maintaining the portion of the database dealing with the relevant information on the FBI's international terrorism subjects. These 15 FBI analysts are critical to the TIG fulfilling its mission. The POC in this matter is SSA Michael D. Resnick, telephone (703) 482-9783.

U.S. Department of Justice Federal Bureau of Investigation Washington, D. C. 20535-0001

October 24, 2003 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100KStreet,N.W. Washington, D.C. 20036 RE: Commission's Request for Documents Dear Mr. Marcus: following: • •

In response to the Commissions Request for Documents, please find the ~ "/L , • , OUUW^Documents responsive to Document Request for ACS Material [10/21/03]-5 Packets; Documents responsive to Document Request 1-11: 1998 Inspection Report for London Legat; Documents responsive to Document Request 1-11: 2001 Inspection Report for London Legat; Documents responsive to Document Request 3-le; Documents responsive to Document Request 3-lj; Documents responsive to Document Request 3-lq; Documents responsive to Document Request 3-lr; Documents responsive to Document Request 3-Is; Documents responsive to Document Request 3-lv; Documents responsive to Document Request 3-lx; Documents responsive to Document Request 3-ly; Documents responsive to Document Request 5-4 - 4 Packets; Documents responsive to Document Request 5-4d - 3 Packets; Documents responsive to Document Request 5-8a; Documents responsive to Document Request 5-11 - 2 Packets;

Documents responsive to Document Request 13-11; ^ Documents responsive to Document Request 14-lc; Documents responsive to Document Request 14-lr.

This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613. Sincerely,

Robert S. Sinton Assistant General Counsel

U.S. Department of Justice Federal Bureau of Investigation Washington, D. C. 20535-0001

November 18,2003 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100KStreet,N.W. Washington, D.C. 20036 RE: Commission's Request for Documents Dear Mr. Marcus: In response to the Commissions Request for Documents, please find the following: • • • •

Documents responsive to Document Documents responsive to Document Documents responsive to Document Documents responsive to Document

Request Request Request Request

3-If; 3 Supplemental #3-e -4 Packets; 3 Supplemental #3-h -2 Packets; 13-11.

This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613. Sincerely,

S. Siri Assistant General Counsel

SECURITY DIRECTIVE LIST DOCUMENTS SUFFICIENT TO ESTABLISH THE ORIGIN , MISSION AND RESULTS OF THE SECURITY DIRECTIVE LIST CREATED AND DISSEMINATED BY THE FBI IN THE IMMEDIATE AFTERMATH OF SEPTEMBER 11,2001.

RESPONSIVE to REQUEST #13-11 (PACKET #2)

COMMISSION COPY

9/11 COMMISSION TASK FORCE DOCUMENT DELETION CODES [As of August 11,2003] "A" - SOURCE/INFORMANT INFORMATION - Information, the disclosure of which would tend to reveal the identity of an informant or source where confidentiality is expressed or implied. "B" - FBI TECHNIQUES AND/OR METHODS - Information on sensitive FBI techniques and/or methods which would impede or impair the effectiveness of that technique and/or method. "C" - NON-RELEVANT FBI CASE INFORMATION - Information neither relevant nor responsive to the Commission's requests. "D" - FBI PENDING CASE INFORMATION - Information which would impede or jeopardize a pending investigation of the FBI. "E" - STATUTORY - Information legally prohibited from release by statute. "F" - PRIVACY/SECURITY - Information, the disclosure of which would be an unwarranted invasion of the personal privacy or jeopardize the safety of law enforcement personnel and/or their family members Material redacted under this code includes (1) social security numbers; (2) date and place of birth; (3) home address and telephone numbers; (4) personnel cell phone and pager numbers

"G" - FOREIGN GOVERNMENT INFORMATION - The identity of a foreign government and/or foreign service to include the names of foreign law enforcement employees/officials.

U.S. DEPARTMENT OF HOMELAND SECURITY TRANSPORTATION SECURITY ADMINISTRATION

Aviation Security Directive

Subject: Threat to U.S. Airports - No Fly and Selectee Lists Number: SD 1542-01-1 OB Date: April 22, 2003 EXPIRATION: Indefinite This Security Directive (SD) supercedes and cancels SD 1542-01-10A and must be implemented not later than April 29, 2003. Revised procedures are indicated by bold text. INFORMATION: The Transportation Security Administration (TSA) has received information indicating that the individuals on the No Fly and Selectee Lists associated with this SD could pose a threat to civil aviation and national security. This SD provides procedures that airport operators are to follow to compare individuals whose names appear on the No Fly and Selectee Lists with direct employees and those employees to which the airport has issued Security Identification Display Area (SIDA) identification media, or is considering issuing SIDA identification media.

REVISION SUMMARY: • •

Revises procedures for comparing names of direct employees and those employees to which the airport has issued SIDA identification media or is considering issuing SIDA identification media against the No Fly and Selectee Lists Provides guidance and direction to restrict or prohibit access to the SIDA and other sterile areas of the airport

ACTIONS REQUIRED BY AIRPORT OPERATORS REGULATED UNDER 49 CFR 1542: The requirements of this SD are applicable to Category X through IV airports that are required to maintain SIDAs and sterile areas.

I. TSA will provide No Fly and Selectee Lists to the security coordinator of each airport to which this SD applies. The No Fly and Selectee Lists will be provided via password protected email or may be obtained from TSA's secure webpage. All future SENSITIVE SECURITY INFORMATION

DOCUMENT MAY BE RELEASED TO PERSONS WITHOUT A NEED TO KNOW, AS DEFINED IN 49 CFR 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION, WASHINGTON, DC 20590. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTY OR OTHER ACTION. FOR US. GOVERNMENT AGENCIES, PUBLIC AVAILABILITY TO BE DETERMINED UNDER 5 U.S.C. 552.

REQ

13-11

000000004

•

SECURITY DIRECTIVE 1542-01-10B Page 2 of 3

updates (removal or addition of names) to the No Fly and Selectee Lists will be provided in the same manner. Airport operators must conduct a comparison between the names on the most recently issued No Fly and Selectee Lists and its direct employees and any other individual to whom the airport has issued, or is processing an application for SIDA, sterile area, or other identification media that is evidence of employment at the airport.

SENSITIVE SECURITY INFORMATION WARNING: THIS DOCUMENT CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 CFR PART 1520. NO PART OF THIS DOCUMENT MAY BE RELEASED TO PERSONS WITHOUT A NEED TO KNOW, AS DEFINED IN 49 CFR 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION, WASHINGTON, DC 20590. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTY OR OTHER ACTION. FOR US. GOVERNMENT AGENCIES, PUBLIC AVAILABILITY TO BE DETERMINED UNDER 5 U.S.C. 552.

REQ 13-11

000000005

SECURITY DIRECTIVE 1542-01-1 OB Page 3 of 2

II. Many non-Western cultures do not follow strict patterns in name order. The names that appear on the No Fly and Selectee Lists may be in varying order and spelling. Data such as date of birth, social security number, and passport number and country of issue, will be provided by TSA when available. This data must be used when making a comparison between names on the No Fly and Selectee Lists and those individuals to whom the airport has issued, or is processing an application for, SIDA, sterile area, or other identification media that is evidence of employment at the airport. ill NO FLY LIST ACTIONS A. If during the course of the name comparison, the airport operator determines it has issued, or is processing an application for SIDA, sterile area, or other identification media that is evidence of employment at the airport, to an individual named on the No Fly List, the airport operator must immediately contact: 1. The nearest FBI Office. 2. The Transportation Security Intelligence (TSI) Watch at 202-267-3099. B. If processing an application for SIDA, sterile area, or other identification media that is evidence of employment at the airport, the airport operator must not issue the media. For those individuals already issued SIDA, sterile area, or other identification media that is evidence of employment at the airport, the airport operator must suspend the media and prohibit the individual's access, whether escorted or unescorted, to the SIDA and sterile areas until the status of the individual is determined by the FBI. IV. SELECTEE LIST ACTIONS A. If during the course of the name comparison, the airport operator determines it has issued, or is processing an application for SIDA, sterile area, or other identification media that is evidence of employment at the airport to a direct employee and that employee is named on the Selectee List, the airport operator must immediately contact: 1. 2.

The nearest FBI Office. The Transportation Security Intelligence (TSI) Watch at 202-267-3099.

B. In relation to identification media: 1.

If the employee has applied for SIDA, sterile area, or other identification media that is evidence of employment at the airport, the airport operator must not issue the media until the FBI clears the employee. An airport operator may issue other than SIDA identification media if that employee will be subject to screening in accordance with the SD 1542-02-03 series prior to entrance into any sterile area of the airport.

2.

Do not permit the employee access to the SIDA if the employee has already been issued a SIDA identification media unless that employee is accompanied SENSITIVE SECURITY INFORMATION

WARNING: THIS DOCUMENT CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 CFR PART 1520. NO PART OF THIS DOCUMENT MAY BE RELEASED TO PERSONS WITHOUT A NEED TO KNOW, AS DEFINED IN 49 CFR 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION, WASHINGTON, DC 20590. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTY OR OTHER ACTION. FOR US. GOVERNMENT AGENCIES, PUBLIC AVAILABILITY TO BE DETERMINED UNDER 5 U.S.C. 552.

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SECURITY DIRECTIVE 1542-01-10B Page 4 of 3

by an escort who has been issued a SIDA media, or the employee is cleared by the FBI.

AIRPORT OPERATOR ACKNOWLEDGMENT: The Airport Operator must immediately provide written confirmation to the Federal Security Director (FSD) indicating receipt of this SD.

AIRPORT dissemination: The FSD will disseminate this SD to the Airport Security Coordinator (ASC) and any law enforcement element having 49 CFR 1542 responsibilities at that airport. No other dissemination may be made without prior approval of the FSD. Airport Law Enforcement Agency Network (ALEAN) affected members who currently have a memorandum of agreement with the TSA will also receive this SD from the TSA. No other dissemination may be made without prior approval of the Administrator. Unauthorized dissemination of this document or information contained herein is prohibited by 49 CFR 1520. APPROVAL OF ALTERNATIVE MEASURES: With respect to the provisions of this SD, an airport operator may submit in writing to the FSD, proposed alternative measures and the basis for submitting the alternative measures, for approval by the Assistant Administrator for Aviation Operations. FOR TSA ACTION ONLY: The TSA shall issue this SD immediately to 49 CFR 1542 airports Category X through IV and to the corporate security element of all affected U.S. aircraft operators.

Isl J. M. Loy, ADM Administrator

SENSITIVE SECURITY INFORMATION WARNING- THIS DOCUMENT CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 CFR PART 1520. NO PART OF THIS DOCUMENT MAY BE RELEASED TO PERSONS WITHOUT A NEED TO KNOW, AS DEFINED IN 49 CFR 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION, WASHINGTON, DC 20590. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTY OR OTHER ACTION. FOR US. GOVERNMENT AGENCIES, PUBLIC AVAILABILITY TO BE DETERMINED UNDER 5 U.S.C. S52.

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U.S. DEPARTMENT OF HOMELAND SECURITY TRANSPORTATION SECURITY ADMINISTRATION

Aviation Security Directive Subject: Threat to U.S. Aircraft Operators - Selectee List Number:

SD 1544-01-21C

Date: April 22, 2003

EXPIRATION: Indefinite This Security Directive (SD) supercedes and cancels SD 1544-01-21B and must be implemented not later than April 29, 2003. Revised procedures are indicated by bold text. INFORMATION: The Transportation Security Administration (TSA) has received information indicating that individuals on the Selectee List associated with this SD may warrant additional scrutiny prior to boarding to ensure they do not pose a threat to civil aviation and national security. This SD provides procedures that aircraft operators are to follow to verify the identity of individuals whose names appear on the Selectee List. The procedures outlined herein apply to passengers carried by the aircraft operator and the aircraft operator's direct employees. REVISION SUMMARY:

• •

Revises procedures for verifying the identity of individuals whose names appear on the Selectee List Revises procedures to restrict or prohibit access to restricted areas of an airport by aircraft operator employees whose names appear on the Selectee List

ACTIONS REQUIRED BY AIRCRAFT OPERATORS REGULATED UNDER TITLE 49. CODE

OF FEDERAL REGULATIONS (CFR). PART 1544: If you are an aircraft operator covered by 49 CFR 1544, you must implement all the measures set forth in this SD. I. TSA will provide a Selectee List to the security director or designee of each aircraft operator required to implement this SD. The Selectee List will be provided via password protected email or may be obtained from TSA's secure webpage. All future updates (removal or addition of names) to the Selectee List will be provided in the same manner. Aircraft operators must conduct a comparison between the names on the most recently issued Selectee List and SENSITIVE SECURITY INFORMATION WARNING: THIS DOCUMENT CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 CFR PART 1520. NO PART OF THIS DOCUMENT MAY BE RELEASED TO PERSONS WITHOUT A NEED TO KNOW, AS DEFINED IN 49 CFR 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION, WASHINGTON, DC 20590. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTY OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC AVAILABILITY TO BE DETERMINED UNDER 5 U.S.C. 552.

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Security Directive 1544-01 -21 C Page 2 of 4

those passengers checking in for flights. Additionally, aircraft operators must also conduct a comparison between names on each updated Selectee List and all direct aircraft operator employees and those individuals to which the aircraft operator has issued Security Identification Display Area (SIDA) identification media, or is considering issuing SIDA identification media.

II. Many non-Western cultures do not follow strict patterns in name order. The names that appear on the Selectee List may be in varying order and spelling. Data such as date of birth, social security number, and passport number and country of issue, will be provided by ISA when available. This data must be used during the flight check-in process to assist in the determination of an individual's status as outlined in Section III of this SD. m. PASSENGERS

Should an individual whose name appears on the Selectee List present himself or herself to the aircraft operator for transport, the aircraft operator must complete the following procedures prior to allowing the passenger and bags on board the aircraft: A. Compare all available passenger data (date of birth, social security number, and passport number and country of issue) to information on the Selectee List to determine if there is a match. B. If the passenger matches both name and one piece of identifying data or there is an exact name match and no additional identifying data is provided to you on the Selectee List, the aircraft operator must: 1. Designate the person as a selectee for enhanced screening procedures. 2. Clear all checked baggage belonging to the passenger, if any, in accordance with the measures in AOSSP Section VIII.E. 3. Ensure the passenger and all their accessible property are subjected to secondary screening either at the security screening check point or at the gate in accordance with SD 1544-01-10 series. 4. Immediately contact the following: a. The nearest FBI Office if within the United States or the United States legal attache at the nearest U.S. Embassy or Consulate if outside the United States. b. The local Federal Security Director, if within the United States or its territories, who will alert other air carriers of that airport of the situation. c. The appropriate law enforcement officials at the airport if outside the United States, advising them of the situation C. Each aircraft operator must develop a system to document passengers processed in accordance with Section III.B. above, and the system must be approved by the aircraft operator's Principal Security Inspector.(PSI). The SENSITIVE SECURITY INFORMATION WARNING: THIS DOCUMENT CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 CFR PART 1520. NO PART OF THIS DOCUMENT MAY BE RELEASED TO PERSONS WITHOUT A NEED TO KNOW, AS DEFINED IN 49 CFR 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION, WASHINGTON, DC 20590. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTY OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC AVAILABILITY TO BE DETERMINED UNDER 5 U.S.C. 552.

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Security Directive 1544-01 -21C Page 3 of 4

system must include a record of verification check of the information provided on the Selectee List. A record must be maintained at each station of all flights operated with passengers who are designated as selectees in accordance with this SD, listing the name of each passenger and the names of the two aircraft operator representatives who completed the verification. These records must be maintained at the station for a minimum of seven (7) days if in the United States or 180 days if outside the United States.

SENSITIVE SECURITY INFORMATION WARNING: THIS DOCUMENT CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 CFR PART 1520. NO PART OF THIS DOCUMENT MAY BE RELEASED TO PERSONS WITHOUT A NEED TO KNOW, AS DEFINED IN 49 CFR 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION, WASHINGTON, DC 20590. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTY OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC AVAILABILITY TO BE DETERMINED UNDER 5 U.S.C. 552.

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Security Directive 1544-01-21C Page 4 of 4

D. The procedures in Section III.C. do not apply to a passenger designated as a selectee based on the application of the Computer-Assisted Passenger Prescreening System (CAPPS) or manual prescreening criteria. IV.

AIRCRAFT OPERATOR EMPLOYEES A. Aircraft operators must conduct a comparison against the most current Selectee List for all direct aircraft operator employees. If during the course of the name comparison the aircraft operator determines that an employee has been issued, or is processing an application for a SIDA, sterile area, or other identification media that is evidence of employment with the aircraft operator, and that employee is named on the Selectee List, the aircraft operator must immediately contact: 1. The nearest FBI Field Office if within the United States, or the United States legal attache at the nearest U.S. Embassy or Consulate, if outside the United States: 2. The Transportation Security Intelligence (TSI) Watch at 202-267-3099. 3. The appropriate law enforcement officials at the airport, advising them of the situation. B. Upon completion of the steps in IV.A., aircraft operators must take the following action in relation to ID media: 1.

If the employee has applied to the local airport operator for SIDA identification media, the aircraft operator must advise the airport operator not to issue the media until the FBI clears the employee. An aircraft operator may issue sterile area or other identification media that is evidence of employment with the aircraft operator if that employee will be subject to screening in accordance with the SD 154401-10 series prior to entrance into any sterile area of the airport and equivalent restricted areas at airports outside of the United States, or

2. If the employee has already been issued a SIDA identification media, the aircraft operator must not permit the employee access to the SIDA or other airport sterile areas unless that employee is accompanied by an escort who has been issued and is displaying a valid SIDA media or is cleared by the FBI. AIRCRAFT OPERATOR ACKNOWLEDGMENT: The aircraft operator shall provide immediate written confirmation to its assigned PSI indicating that it has received this SD. AIRCRAFT OPERATOR dissemination required: The aircraft operator shall immediately pass •the information and directives set forth in this SD to all stations affected, and provide written confirmation to its assigned PSI, indicating that all stations affected have acknowledged SENSITIVE SECURITY INFORMATION WARNING: THIS DOCUMENT CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 CFR PART 1520. NO PART OF THIS DOCUMENT MAY BE RELEASED TO PERSONS WITHOUT A NEED TO KNOW, AS DEFINED IN 49 CFR 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION, WASHINGTON, DC 20590. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTY OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC AVAILABILITY TO BE DETERMINED UNDER 5 U.S.C. 552.

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Security Directive 1544-01-21C Page 5 of 4

receipt of the information and directives set forth in this SD.

SENSITIVE SECURITY INFORMATION WARNING: THIS DOCUMENT CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 CFR PART 1520 NO PART OF THIS DOCUMENT MAY BE RELEASED TO PERSONS WITHOUT A NEED TO KNOW. AS DEFINED IN 49 CFR 1S20, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION, WASHINGTON, DC 20590. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTY OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC AVAILABILITY TO BE DETERMINED UNDER 5 U.S.C. SSL

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The aircraft operator shall disseminate this information to senior management personnel, GSC's, and supervisory security personnel at locations within the United States and its territories. Aircraft operator security personnel at each location should coordinate the distribution of information in this SD with local airport management and law enforcement personnel on a strict need-to-know basis. All recipients must limit dissemination within their respective organizations to personnel with an operational need-to-know. All aircraft operator personnel implementing this SD must be briefed by the aircraft operator on its content and the restrictions governing dissemination. APPROVAL OF ALTERNATIVE MEASURES: With respect to the provisions of this SD, the aircraft operator may submit in writing to its Principal Security Inspector (PSI) proposed alternative measures and the basis for submitting the alternative measures, for approval by the Assistant Administrator for Aviation Operations. The aircraft operator shall immediately notify its PSI whenever any procedure in this SD cannot be carried out by the aircraft operator or its agents, or is not being carried out by a government authority charged with performing security procedures. FOR TSA ACTION ONLY: The TSA shall issue this SD immediately to the cornorafp element of all affected U.S. aircraft operators and to local airport management and associated law enforcement officials.

/s/ J. M. Loy, ADM Administrator

SENSITIVE SECURITY INFORMATION WARNING: THIS DOCUMENT CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 CFR PART 1520. NO PART OF THIS DOCUMENT MAY BE RELEASED TO PERSONS WITHOUT A NEED TO KNOW, AS DEFINED IN 49 CFR 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION, WASHINGTON, DC 20590. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTY OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC AVAILABILITY TO BE DETERMINED UNDER 5 U.S.C. 552.

REQ 13-11

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U.S. DEPARTMENT OF HOMELAND SECURITY TRANSPORTATION SECURITY ADMINISTRATION

Aviation Security Directive Subject: Threat to U.S. Aircraft Operators - No Fly List Number:

SD 1544-01-20B

Date: April 22, 2003

EXPIRATION: Indefinite This Security Directive (SD) supercedes and cancels SD 1544-01-20A and must be implemented not later than April 29, 2003. Revised procedures are indicated by bold text. INFORMATION: The Transportation Security Administration (TSA) has received information indicating that individuals on the No Fly List associated with this SD could pose a threat to civil aviation and national security. There have been many instances where the name of a passenger is identical or similar to an individual on the No Fly List. This SD provides revised guidance and direction concerning use of the No Fly List and procedures aircraft operators are to follow to resolve name conflicts. Affirming the incorrect identity of the individual can cause unnecessary embarrassment and inability to board a flight. Additionally, this SD revises procedures currently in place which prohibit aircraft operator employees whose names appear on the No Fly List, access to restricted areas of airports. REVISION SUMMARY:

• • •

Revises procedures for verifying the identity of individuals whose names appear on or are similar to names on the No Fly List Provides guidance and direction for the use of the No Fly List and procedures aircraft operators are to follow to quickly resolve conflicts Revises procedures to restrict or prohibit access to restricted areas of an airport by aircraft operator employees whose names appear on the No Fly List

ACTIONS REQUIRED BY AIRCRAFT OPERATORS REGULATED UNDER TITLE 49. CODE

OF FEDERAL REGULATIONS (CFR). PART 1544: If you are an aircraft operator covered by 49 CFR 1544, you must implement all the measures set forth in this SD. I. TSA will provide a No Fly List to the security director or designee of each aircraft operator required to implement this SD. The No Fly List will be provided via password protected email or may be obtained from TSA's secure webpage. All SENSITIVE SECURITY INFORMATION

DOCUMENT MAY BE RELEASED TO PERSONS WITHOUT A NEED TO KNOW, AS DEFINED IN 49 CFR 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION, WASHINGTON, DC 20590. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTY OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC AVAILABILITY TO BE DETERMINED UNDER 5 U.S.C. 552.

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future updates (removal or addition of names) to the No Fly List will be provided in the same manner. Aircraft operators must conduct a comparison between the

SENSITIVE SECURITY INFORMATION WARNING: THIS DOCUMENT CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 CFR PART 1520. NO PART OF THIS DOCUMENT MAY BE RELEASED TO PERSONS WITHOUT A NEED TO KNOW, AS DEFINED IN 49 CFR 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION, WASHINGTON, DC 20590. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTY OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC AVAILABILITY TO BE DETERMINED UNDER S U.S.C. 552.

REQ 13-11

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names on the most recently issued No Fly List and those passengers checking in for flights. Additionally, aircraft operators must also conduct a comparison between names on each updated No Fly List and all direct aircraft operator employees and those individuals to which the aircraft operator has issued SIDA identification media, or is processing an application for SIDA identification media. Many non-Western cultures do not follow strict patterns in name order. The names that appear on the No Fly List may be in varying order and spelling. Data such as date of birth, social security number, and passport number and country of issue, will be provided by TSA when available. This data must be used during the flight check-in process to assist in the determination of an individual's status as outlined in Section III of this SD. PASSENGERS A.

Check Prior to Arrival: When passenger reservation data is available in advance of the arrival of a passenger for check-in, the aircraft operator must conduct a comparison of its flight reservation system to the most current No Fly List. During this process, if an aircraft operator matches a name and at least one additional piece of identifying data on its flight reservation system with the No Fly List, excluding a match of identifying data that appears in the Remarks Section of the No Fly List, the aircraft operator must immediately contact the following: 1. The nearest FBI Field Office, if the departing flight is within the United States, or the United States legal attache at the nearest U.S. Embassy or Consulate, if the departing flight is outside the United States. 2. The Transportation Security Intelligence (TSI) Watch at 202-267-3099. 3. The local Federal Security Director, if the departing flight is within the United States, who will alert other aircraft operators at that airport of the situation.

B.

Clearance at Check-In (Within the United States): Upon arrival of a passenger for check-in at an airport in the United States, the aircraft operator must conduct a comparison between the names on the most recently issued No Fly List and their flight reservation system. During this process, if an aircraft operator matches a name and, if provided, at least one additional piece of identifying data on its flight reservation system with a name on the No Fly List, excluding a match of identifying data that appears in the Remarks Section (if the passenger matches data in the Remarks Section, see III. B. 4.), the aircraft operator must deny transportation to that individual, their accessible property, checked baggage, and any other individual(s) accompanying the passenger and their baggage unless cleared by the following process: 1. Contact the appropriate local law enforcement officials and ensure the responding Law Enforcement Officer (LEO) compares all available data SENSITIVE SECURITY INFORMATION

WARNING: THIS DOCUMENT CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 CFR PART 1520. NO PART OF THIS DOCUMENT MAY BE RELEASED TO PERSONS WITHOUT A NEED TO KNOW, AS DEFINED IN 49 CFR 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION, WASHINGTON, DC 20590. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTY OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES. PUBLIC AVAILABILITY TO BE DETERMINED UNDER t U.S.C. 552.

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Security Directive 1544-01 -20B Page 4 of 1

(date of birth, social security number, passport number and country of issue, etc.) to determine if the individual is a match.

SENSITIVE SECURITY INFORMATION WARNING: THIS DOCUMENT CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 CFR PART 1520. NO PART OF THIS DOCUMENT MAY BE RELEASED TO PERSONS WITHOUT A NEED TO KNOW. AS DEFINED IN 49 CFR 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION. WASHINGTON, DC 20590. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTY OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC AVAILABILITY TO BE DETERMINED UNDER 5 U.S.C. 552.

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2. If the LEO determines there is no matching data from the No Fly List other than the individual's name, the aircraft operator may accept the individual as a passenger for transport. 3. If the LEO determines that an individual matches the name and at least one additional piece of identifying data (requirement to match additional data does not apply where only a name is listed) from the No Fly List, the aircraft operator must immediately contact the following: a. The nearest FBI Field Office. b. The Transportation Security Intelligence Watch at 202-267-3099, c. The local Federal Security Director who will alert other aircraft operators at that airport of the situation. 4. Match of identifying data that appears in the Remarks Section of the No Fly List. TSA may provide identifying data in the Remarks Section of the No Fly List for an individual who bears a name that is the same as, or similar to, a name on the No Fly List, but who is permitted to fly. This identifying data will be used to confirm that the individual is not the person identified as a threat on the No Fly List. a. TSA will accept, from individuals only, written requests for relief from the No Fly List clearance procedures of III. B. 1., 2., and 3. b. If TSA establishes that an individual requesting relief is not on the No Fly List, TSA will include in the Remarks Section of the No Fly List the identifying data that distinguishes the cleared passenger from the individual who is prohibited from flying. c. An aircraft operator must implement a system approved by its Principal Security Inspector (PSI) that: (1) Utilizes the data provided in the Remarks Section of the No Fly List to clear an individual for flights at check-in without the procedures, listed in III. B. 1., 2., and 3. (2) Provides a procedure to verify that an authorized aircraft operator representative responsible for verification of the No Fly List applies these clearance procedures. (3) Maintains at each station a record of every flight that operated with an individual who was cleared to fly with these clearance procedures, including listing the name of each individual and the names of two representatives of the aircraft operator who completed the verification. These records must be maintained at the station for a minimum of seven (7) days. C.

Clearance at Check-In (Outside of the United States): Upon arrival of a passenger for check-in at an airport outside of the United States, the aircraft operator must conduct a comparison between the names on the most recently issued No Fly List and their flight reservation system. When an SENSITIVE SECURITY INFORMATION

WARNING: THIS DOCUMENT CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 CFR PART 1520. NO PART OF THIS DOCUMENT MAY BE RELEASED TO PERSONS WITHOUT A NEED TO KNOW. AS DERNED IN 49 CFR 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION, WASHINGTON, DC 20590. UNAUTHORIZED RELEASE HAY RESULT IN CIVIL PENALTY OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC AVAILABILITY TO BE DETERMINED UNDER 5 U.S.C. 552.

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individual matches information on the No Fly List, excluding a match of identifying data that appears in the Remarks Section (if the passenger matches data in the Remarks Section, see III.C.4.), an aircraft operator must deny transportation to that individual, their accessible property, checked baggage, and any other individual(s) accompanying the passenger and their baggage unless cleared by: 1. The United States legal attache at the nearest U. S. Embassy or Consulate. 2. The Transportation Security Intelligence (TSI) Watch at 202-267-3099. 3. Additionally, the appropriate law enforcement officials at the airport should be notified. 4. Match of identifying data that appears in the Remarks Section of the No Fly List. TSA may provide identifying data in the Remarks Section of the No Fly List for an individual who bears a name that is the same as, or similar to, a name on the No Fly List, but who is permitted to fly. This identifying data must be used to confirm that the individual is not the person identified as a threat on the No Fly List. a. TSA will accept, from individuals only, written requests for relief from the No Fly List clearance procedures of this SD. b. If TSA establishes that an individual requesting relief is not on the No Fly List, TSA will include in the Remarks Section of the No Fly List the identifying data that distinguishes the cleared passenger from the individual who is prohibited from flying. c. An aircraft operator must implement a system approved by its Principal Security Inspector (PSI) that:

IV.

(1)

Utilizes the data provided in the Remarks Section of the No Fly List to clear an individual for flights at check-in, alleviating the requirement to process the passenger through the procedures of III.C.1., 2., and 3.

(2)

Provides a procedure to verify that an authorized aircraft operator representative responsible for verification of the No Fly List applies these clearance procedures.

(3)

Maintains at each station a record of every flight that operated with an individual who was cleared to fly with these clearance procedures, including listing the name of each individual and the names of two representatives of the aircraft operator who completed the verification. These records must be maintained at the station for a minimum of one hundred and eighty (180) days.

AIRCRAFT OPERATOR EMPLOYEES SENSITIVE SECURITY INFORMATION

WARNING: THIS DOCUMENT CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 CFR PART 1520. NO PART OF THIS DOCUMENT MAY BE RELEASED TO PERSONS WITHOUT A NEED TO KNOW, AS DEFINED IN 49 CFR 1 520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION, WASHINGTON, DC 20590. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTY OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC AVAILABILITY TO BE DETERMINED UNDER S U.S.C. 552.

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Security Directive 1544-01-208 Page 7 of 1

A.

Aircraft operators must conduct a comparison between names on each updated No Fly List and its direct aircraft operator employees and those individuals to which the aircraft operator has issued, or is processing an application for SI DA, sterile area, or other identification media that is evidence of employment with the aircraft operator.

SENSITIVE SECURITY INFORMATION WARNING: THIS DOCUMENT CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 CFR PART 1520. NO PART OF THIS DOCUMENT MAY BE RELEASED TO PERSONS WITHOUT A NEED TO KNOW, AS DEFINED IN 49 CFR 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION, WASHINGTON, DC 20590. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTY OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC AVAILABILITY TO BE DETERMINED UNDER 5 U.S.C. 552.

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Security Directive 1544-01-2013 Page 8 of 1

B.

If during the course of the name comparison an aircraft operator determines it has issued, or is processing an application for a SIDA, sterile area, or other identification media that is evidence of employment with the aircraft operator, for an individual named on the No Fly List, the aircraft operator must immediately contact the following: 1. The nearest FBI Field Office, if within the United States, or the United States legal attache at the nearest U.S. Embassy or Consulate, if outside the United States. 2. The Transportation Security Intelligence Watch at 202-267-3099. 3. The local Federal Security Director who will alert other aircraft operators at that airport of the situation.

C.

If processing an application for a SIDA, sterile area, or other ID media that is evidence of employment with the aircraft operator, the aircraft operator must not issue the media. For those individuals already issued SIDA. sterile area, or other identification media that is evidence of employment with the aircraft operator, the aircraft operator must suspend the media and prohibit the individual's access, whether escorted or unescorted, to the SIDA and sterile areas until the status of the individual is determined by the FBI.

AIRCRAFT OPERATOR ACKNOWLEDGMENT: Upon receipt of this SD, the aircraft operator shall provide immediate written confirmation to its assigned PSI, indicating that they have received this SD. AIRCRAFT OPERATOR dissemination required: The aircraft operator shall immediately pass the information and directives set forth in this SD to all stations affected, and provide written confirmation to its assigned PSI, indicating that all stations affected have acknowledged receipt of the information and directives set forth in this SD. The aircraft operators shall disseminate this information to senior management personnel, GSC's, and supervisory security personnel at locations within the United States and its territories. Aircraft operator security personnel at each location should coordinate the information in this SD with local airport management and law enforcement personnel on a strict need-to-know basis. All recipients must limit dissemination within their respective organizations to personnel with an operational need-to-know. All aircraft operator personnel implementing this SD must be briefed by the aircraft operator on its content and the restrictions governing dissemination. APPROVAL OF ALTERNATIVE MEASURES: With respect to the provisions of this SD, as stated in 49 CFR 1544, aircraft operators may submit in writing to their PSI, proposed alternative measures and the basis for submitting the requests, for approval by the Assistant Administrator for Aviation Operations. The aircraft operator shall immediately notify its PSI whenever the aircraft operator or its agents cannot carry out any procedure in this SD, or is not being carried out by a government authority charged with performing security procedures. SENSITIVE SECURITY INFORMATION WARNING: THIS DOCUMENT CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 CFR PART 1S20. NO PART OF THIS DOCUMENT MAY BE RELEASED TO PERSONS WITHOUT A NEED TO KNOW, AS DEFINED IN 49 CFR 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION, WASHINGTON, DC 20590. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTY OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC AVAILABILITY TO BE DETERMINED UNDER 5 U.S.C. 552.

REQ 13-11

000000021

rWatch%20List%20SD:1544-01-20B%2Q^ted%204-22-03[1].doc!; t

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Security Directive 1544-01-20B Page 9 of 1

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SENSITIVE SECURITY INFORMATION WARNING: THIS DOCUMENT CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 CFR PART 1520. NO PART OF THIS DOCUMENT MAY BE RELEASED TO PERSONS WITHOUT A NEED TO KNOW. AS DEFINED IN 49 CFR 1520. EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION, WASHINGTON, DC 20590. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTY OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC AVAILABILITY TO BE DETERMINED UNDER 5 U.S.C. 552.

REQ 13-11

000000022

Watch%20List%20SD-1544-01-20B%^H,ated%204-22-03[1].doc

; \e 10

Security Directive 1544-01-208 Page 10 of 1

FOR ISA ACTION ONLY: The TSA shall issue this SD immediately to the corporate security element of all affected U.S. aircraft operators and to local airport management and associated law enforcement officials.

FOR STATE DEPARTMENT: Retransmittal to appropriate foreign posts is authorized. Post must refer to STATE 162917, 201826Z Sep 01, Subject: FAA Security Directives and Information Circulars: Definitions and Handling, for specific guidance and dissemination.

Isl J. M. Loy, ADM

Administrator

SENSITIVE SECURITY INFORMATION WARNING: THIS DOCUMENT CONTAINS SENSITIVE SECURITY INFORMATION THAT IS CONTROLLED UNDER 49 CFR PART 1520. NO PART OF THIS DOCUMENT MAY BE RELEASED TO PERSONS WITHOUT A NEED TO KNOW, AS DEFINED IN 49 CFR 1520, EXCEPT WITH THE WRITTEN PERMISSION OF THE ADMINISTRATOR OF THE TRANSPORTATION SECURITY ADMINISTRATION, WASHINGTON, DC 20590. UNAUTHORIZED RELEASE MAY RESULT IN CIVIL PENALTY OR OTHER ACTION. FOR U.S. GOVERNMENT AGENCIES, PUBLIC AVAILABILITY TO BE DETERMINED UNDER 5 U.S.C. 552.

REQ 13-11

000000023

(Rev. 01-31-2003)

FEDERAL BUREAU OF INVESTIGATION

Precedence:

Date:

PRIORITY

06/09/2003

All Field Offices

Attn:

ADIC/SAC ASAC Counterterrorism JTTF Supervisors Airport Liaison Agents FBIHQ, Manuals Desk

All Legats Counterterrorism

Attn:

Section Chief, ITOS I Section Chief, ITOS II Section Chief, DTOS Unit Chiefs

To:

From:

Counterterrorism Special Events Management Unit/ Civil Aviation Security Program Contact: SSA Alexis Louise Smollok, (202) 324-0242

Approved By:

Mefford Larry A Pistole John S Harrington T J

Drafted By:

Smollok Alexis Louise:als Lightfoot John

Case ID #: 3OOB-HQ-C1184203-K 66F-HQ-C1384970 Title:

(Pending)

TSA NO FLY AND TSA SELECTEE LIST; PROCEDURES TO ADD OR REMOVE NAMES

Reference: 265A-NY-280350-WLC Serial 98 265A-NY-280350-WLC Serial 89 265A-NY-280350 Serial 1586 66F-HQ-C1392852 Serial 8 Enclosure: The following three TSA dated April 22, 2003, are enclosed: (1) SD-1544-01-21C, "Threat to U.S. List" ; (2) SD-1542-01-10B, "Threat to U.S. Lists"; and, (3) SD-1544-01-20B, "Threat to U.S. List. "

REQ 13-11

Aviation Security Directives, Aircraft Operators-Selectee Airports-No Fly and Selectee Aircraft Operators-No Fly

000000024

To: Re:

All Field Of? Jes From: Counterterrori: 300B-HQ-C1184^d3-K, 06/09/2003

Synopsis: To advise of procedures established to provide consistent application of names submitted by the FBI to the Transportation Security Administration (TSA) No Fly and Selectee Lists. Details: Background: On October 15, 2001, the FAA issued Security Directives (SB's) after receiving lists of individuals associated with Al-Qaeda from both the CIA and the FBI. The SB's contained a list of persons who were believed to pose a threat to civil aviation security. This process was refined to a coordinated policy and protocol between the FBI, CIA, and FAA (now the TSA) to identify persons who may pose a threat to civil aviation security. Since late 2001, there have been refinements -to the protocol in which persons are either placed on or removed from either list. The TSA maintains the two lists and names are submitted mostly by the CIA and the FBI, but also from the Department of Homeland Security/Bureau of Immigration and Customs .Enforcement, TSA, and on occasion, other agencies. The TSA No Fly List and TSA Selectee List are not to be confused with other watch lists, such as: a. b. c. d. e. f.

g.

Terrorist Watch List (TWL), National Crime Information Center Violent Gang and Terrorist Organization File (VGTOF), Department of State (TIPOFF System), Consular Lookout and Support System (CLASS), Bepartment of Homeland Security (formerly Treasury Department) Treasury Enforcement Computer System (TECS), Bureau of Immigration and Customs Enforcement (formerly United States Customs Service and Immigration and Naturalization Service) Interagency Border Inspection System (IBIS), and National Automated Lookout System (NALS).

Definitions of each list The persons on the TSA No Fly List are to be prevented from using U.S. commercial aviation, since they have been deemed by the TSA to be a threat to civil aviation security, based upon information received from various sources. These individuals may not use commercial aviation as long as their name appears on the TSA No Fly List. When a person on this list arrives at an airport and attempts to fly, the airline is required to alert local law enforcement. Local law enforcement authorities will be the primary response to determine if the person at the airport matches the person on the list. If there is a positive match, then the local law

REQ 13-11

000000025

To: Re:

All Field Of., j:es From: Counterterrori. I 300B-HQ-C1184203-K, 06/09/2003

enforcement authorities will contact the local FBI Field Office's Airport Liaison Agent or Joint Terrorism Task Force. The FBI shall then respond to the airport to conduct further investigation, including identity checks, consensual interview, and notification to FBIHQ. Such responses should be documented at the field division level. A detention is generally warranted for individuals with an outstanding arrest warrant, or if investigation reveals the person is on an operational terrorist mission. The persons on the TSA Selectee List are not known to be a threat to aviation, but an agency has said . they may have a possible connection to terrorism or a terrorist organization. Passengers determined to match the name on this list are subject to enhanced pre-boarding security screening measures, and ultimately, are permitted to travel on commercial aviation. The .airlines are also required to notify both local and airport law enforcement and the local FBI office. However, as long as individuals are subject to enhanced screening, additional law enforcement review is not required. The backbone to the regulatory process for the civil aviation industry is Security Directives, issued by the TSA (formerly Federal Aviation Administration). Over the past twenty months, the TSA has issued updated SD's that outline actions for airport operators and airlines in regard to names appearing on either the TSA No Fly List or TSA Selectee List. In essence, the SB's advise airport operators to (1) check applicants for airport ID card (e.g., SIDA badge) applicants names against the TSA No Fly List and TSA Selectee List, and (2) outline procedures for airlines to check passengers names and employees for name matches from either list. Responses to positive name identification may require FBI involvement for further identification and interview after screening by local or airport law enforcement in questionable cases of identity. To control all names placed on and removed from both the TSA No Fly List and TSA Selectee Lists by the FBI, a separate control file (300B-HQ-C1184203-K), has been established for accountability purposes in the Counterterrorism Division. This file number shall be appropriately referenced in all documentation. Procedures to add or remove a person for both lists: ' The Counterterrorism Division has developed the following procedures to add a person to either the TSA No Fly List or TSA /\e List. TSA has concurred with the following procedures:

REQ 13-11

000000026

To: Re:

All Field Of?! ies From: Counterterrori*, 300B-HQ-C1184'^03-K, 06/09/2003

1.

A substantive terrorism case, such as a 265 and 199 or a 266, must be open on the subject. (Neither a Headquarters nor Field Office's control file may be used for this purpose.)

2.

Submissions to either the TSA No-Fly List or the TSA Selectee List must be done via an EC that is uploaded with unrestricted text. The person's name and identifying information must also be indexed in UNI. Submissions to add or remove a person via an e-mail message or telephone call will be denied.

3.

The EC must include all of the following: a.

The substantive file number(s) and the control file number (300B-HQ-C1184203-K);

b.

Addressed to the following three Counterterrorism Division at Headquarters:

units

in

t-h^

(1)

the appropriate FBIHQ operational unit;

(2)

Terrorist Watch and Warning Unit, Room 11303; and

(3)

Special Events Management Unit/Civil Aviation Security Program, Room 11795.

c.

The Synopsis section of the EC should state: "Request to add [or remove] [Name] [DOB], a U.S. citizen [or US PER or non-USPER] , to [or from] the TSA No Fly List [or TSA Selectee List]." Example: Request to add John Q. Citizen, DOB 03/15/1971, a U.S. citizen, to the TSA No Fly List.

d.

The Details section of the EC must specify: (1) which of the two lists (TSA No-Fly or TSA Selectee) the person should be added or removed, (2) whether the person is an USPER (citizen), USPER (non-citizen, such as a Permanent Resident Alien or lawful non-immigrant visa status), or a non-USPER, and (3) complete identifying information.

e.

For all persons -- including non-citizen USPERs and nonUSPERs -- the EC must include a (1) full name, (2) gender, and (3) a complete date of birth. Year of birth or approximate age will not be sufficient. TSA will not add a person to either list without these three pieces of information.

•f.

For USPERs, and non-USPERs when the information is attainable, the identifying information shall include all

REQ 13-11

000000027

To: Re:

All Field Off les From: Counterterrorit 300B-HQ-C1184203-K, 06/09/2003

other known identifiers, such as: known aliases, country of origin, passport number, alien registration number, address, Social Security Number, driver's license number, physical description. g.

The Details section of the EC must describe: (1) the person's known or suspected connections to terrorism or a terrorist organization, and (2) the reasons to believe the person poses a threat to civil aviation security.

h.

The Details section of the EC must include a point-ofcontact who is thoroughly familiar with the case, such as the case agent, co-case agent, and/or supervisor. The POC should be available at all hours (24/7) in case questions arise about the person placed on the list. Include directdial work numbers, pager number, and cellular number for' each POC.

i.

The Leads section of the EC must include leads to the Counterterrorism Division: unit's

Unit

Chief

at least to

review

four

(1)

the operational approve;

and

(2)

the operational unit's SSA;

(3)

Terrorism Watch and Warning Unit and ;

(4)

Special Events Management Unit/Civil Aviation Security Unit ("Read and clear").

("Read and clear"),

Approval of request 4.

Note that only a Unit Chief or higher in the Counterterrorism Division at HQ may approve the inclusion (or deletion) of a person onto either list. No one in any field office or Legal Attache has approval authority. a.

Approval to add to the TSA No Fly List: If the Unit Chief (or higher) approves the request to add a person, then he/she will add the following statement: "The FBI considers this person to be a threat to civil aviation security."

b.

Approval to delete from the TSA No Fly List: If the Unit Chief (or higher) approves the request to delete a person, then he/she will add the following statement: "The FBI no longer believes this person is a threat to civil aviation security."

REQ 13-11

000000028

I f To: Re:

5.

;)

All Field Off" es From: Counterterroris/"N, 300B-HQ-C1184^.3-K, 06/09/2003 v. /

c.

Approval to add to the TSA Selectee List: If the Unit Chief (or higher) approves the request to add a person, then he/she will add the following statement: "The FBI believes this person may have a possible link to terrorism and may be a threat to civil aviation security."

d.

Approval to delete from the TSA Selectee List: If the Unit Chief (or higher) approves the request to delete a person, then he/she will add the following statement: "The FBI no longer believes this person to be a threat to civil aviation security."

If the Unit Chief or higher in the operational unit in the Counterterrorism Division approves the addition to or removal from either list, then it is the responsibility of the operational unit to coordinate with the TSA's detailees on theFBI's National Joint Terrorism Task Force (NJTTF) for inclusion or deletion. The TSA's detailees to the NJTTF are currently Stuart O'Neil and Jorge Dominguez. They will forward the approved request to TSA from for placement (or removal) on the appropriate list.

Mandatory review of USPERs 6.

If an USPER is added to either list, then the submittor of the USPER is required to review whether the person should remain on the list. This mandatory review will occur when the case is closed and every 12 0 days after the date of the EC that requested submission of that person to the list. Note that an USPER can remain on the list even if the Field Office has closed their investigative or intelligence case, as long as there is justification to do so. The justification would have to be articulated in an EC uploaded to the substantive and control files, and it must include articulable facts that the person continues to pose a threat to civil aviation security. Even if the Field Office has closed the case, it is still required to conduct a review and document the results every 120 days. The results of the review -- that is, the reasons to maintain the person on the list or the reasons to remove the person from the list -- will be documented in an EC that is uploaded with unrestricted text. The EC will be sent, as above, to the same units in the Counterterrorism Division with the same leads, described above. If the Field Office, Legat, or operational unit in the Counterterrorism Division concludes prior to the closure of the

1

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To: Re:

"

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All Field Off- fes From: Counterterrorisx 300B-HQ-C1184203-K, 06/09/2003

case, or prior to the mandatory 120 day review, that the person no longer poses a threat to civil aviation security, then an EC should be submitted immediately to request deletion from the list. Distribution of the lists The most current TSA No Fly List and TSA Selectee List are emailed to all Airport Liaison Agents, Legats, and Joint Terrorism Task Force members as soon as they are received from the TSA by the Counterrorism Division, Special Events Management Unit/Civil Aviation Security Program. Dissemination of these lists may occur as much as twice daily. The points-of-contact in that unit are SSA Alexis Smollok, (202) 324-0242, and IOS Brenda Jones: (202) 324-8693. The lists are also posted on the FBI's Intranet, SIOC Operations, TSA/FBI Support Page, which is located at: . ' http://30.5.100.249/opsupport/faasupport/ FBI response to an airport If an FBI response is warranted, then full database checks and other appropriate investigation should be conducted and documented. The Terrorist Watch and Warning Unit is available 24/7 at (202) 3241220 as a resource to check ACS and NCIC on possible matches. If FBI searches are negative, but it is determined the person is a match, then the field agent should contact the TSA's 24-hour command center at (202) 267-3099 for background information. TSA'-s command center maintains documentation on all persons on both lists provided to them by the FBI and all other agencies who contribute to the lists. For these instances, it is recommended that responses to positive name matches on the lists be maintained in the appropriate airport liaison or civil aviation security file in the field division. For Legat response purposes, individuals appearing on the TSA No Fly list may not utilize U.S. commercial aviation. Interview and identification of the individual will rest within the appropriate local law enforcement jurisdiction, at the request of the FBI. If the individual uses a foreign-flag air carrier to attempt to enter the U.S. and cannot be prevented from traveling, the FBI office at the arriving city must be contacted for appropriate action as soon as possible. For reference, it is the responsibility of the TSA to include names appearing on the TSA No Fly List to also be entered in TIPOFF and TECS. In instances in which individuals are prevented from flying and wish to voice their objection, the TSA, Office of the Ombudsman has

7

REQ 13-11

000000030

To: Re:

All Field Ofl Jes From: Counterterrori^. 300B-HQ-C1184203-K, 06/09/2003

been organized to handle such matters. They can be contacted, in writing, at: Office of the Ombudsman, Transportation Security Administration, 601 South 12th Street, Arlington, VA 22202.

REQ 13-11

000000031

To: Re:

/-S. . "V All Field Off J*s From: Counterterrori4 ,) 300B-HQ-C1184V203-K, 06/09/2003 V'"

ISA Security Directive 1544-01-20A [Note that this SD was replaced on April 22, 2003 by TSA SD-1544-0120B, but is included here for background]: US Department of Transportation Transportation Security Administration Civil Aviation Security Security Directive Information of Concern to Aviation Security Personnel: Current Security Procedures Should be Reviewed Subject: Threat to U.S. Aircraft Operators — No Fly List Number: SD 1544-01 -20 A Date: April 5, 2002 EXPIRATION: Indefinite This Security Directive (SD) 1544-01-20A supercedes and cancels the SD 108-01-20 and must be implemented immediately upon receipt by corporate offices. INFORMATION: The TSA has received information indicating the individuals on the list associated with this Security Directive are dangerous and could pose a threat to civil aviation. REVISION SUMMARY: -Updates regulatory citations. --Provides an additional option for clearing passengers listed on the No Fly list. ACTIONS REQUIRED BY AIR CARRIERS REGULATED UNDER TITLE 49. CODE OF FEDERAL REGULATIONS (CFR). PART 1544: If you are an aircraft operator covered by 49 CFR Part 1544, you must implement all the measures set forth in this SD. I. TSA will provide a No Fly List to you. All future updates to the list will be forwarded by the TSA to your corporate security office under separate cover. It is anticipated that .names may be added or removed from this list. When you receive an updated No Fly List, you must immediately conduct a comparison of passengers boarding all flights, as well as screeners and direct air carrier employees. II. Many non-Western cultures do not follow strict patterns in name order. The names that appear on the No Fly List may be in varying order and spelling. Data such as Date of Birth, Citizenship, Passport Number, etc. will be provided when available. III. PASSENGERS A. Should you find in your flight reservation system an individual whose name appears on the No Fly List, you must immediately notify: The nearest field office of the FBI, and at overseas locations the nearest United States Embassy. B. Should an individual whose name appears on the No Fly List present himself or herself for transport, you must deny transportation for that individual, their accessible property, checked baggage and any person(s) accompanying that individual and their baggage until cleared by one of the following processes:

KEQ 13~1:L

000000032

.. To: Re:

All Field Off jes From: Counterterrori 300B-HQ-C1184^G3-K, 06/09/2003

LEAD(s) : Set Lead 1:

(Info)

ALL RECEIVING OFFICES Disseminate as appropriate.-

12

13-11

000000035

U.S. Department of Justice Federal Bureau of Investigation Washington, D. C. 20535-0001

November 26, 2003 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100KStreet,N.W. Washington, D.C. 20036 RE: Commission's Request for Documents Dear Mr. Marcus: In response to the Commissions Request for Documents, please find the following: Documents responsive to Document Request 3 Supplemental #2-q; Documents responsive to Document Request 3 Supplemental #3-e - 4 Packets; Documents responsive to Document Request 13-14; Documents in response to Miscellaneous Request #12(Listing of Victims -Flight 93, Pentagon & New York) - 3 Packets; Digitized Copies of Documents in response to Miscellaneous Request #12 above.

This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613. Sincerely,

Robert S. Sinton Assistant General Counsel

"S"VISA DOCUMENTS SUFFICIENT TO DESCRIBE THE FBI'S ROLE IN THE "S" VISAS PROGRAM FOR INDIVIDUALS WHO HAVE SUPPLIED TERRORIST-RELATED INFORMATION TO U.S. LAW ENFORCEMENT, INCLUDING THE NUMBER OF INDIVIDUALS TO WHOM "S" VISAS WERE ISSUED SINCE SEPTEMBER 11, 2001, AND WHETHER SUCH PERSONS WERE ASSOCIATED WITH IMMIGRATIONRELATED DETAINEES PROGRAM, THE VOLUNTARY INTERVIEW PROGRAM, THE ABSCONDERINIATIATIVE, OR ANOTHER FBI ACTIVITY.

RESPONSIVE to REQUEST #13-14

COMMISSION COPY

9/11 COMMISSION TASK FORCE DOCUMENT DELETION CODES [As of August 11, 2003] "A" - SOURCE/INFORMANT INFORMATION - Information, the disclosure of which would tend to reveal the identity of an informant or source where confidentiality is expressed or implied. "B" - FBI TECHNIQUES AND/OR METHODS - Information on sensitive FBI techniques and/or methods which would impede or impair the effectiveness of that technique and/or method. 11C"

- NON-RELEVANT FBI CASE INFORMATION - Information neither relevant nor responsive to the Commission's requests.

"D" - FBI PENDING CASE INFORMATION - Information which would impede or jeopardize a pending investigation of the FBI. "E" - STATUTORY - Information legally prohibited from release by statute. "F" - PRIVACY/SECURITY - Information, the disclosure of which would be an unwarranted invasion of the personal privacy or jeopardize the safety of law enforcement personnel and/or their family members Material redacted under this code includes (1) social security numbers; (2) date and place of birth; (3) home address and telephone numbers; (4) personnel cell phone and pager numbers

"G" - FOREIGN GOVERNMENT INFORMATION - The identity of a foreign government and/or foreign service to include the names of foreign law enforcement employees/officials.

Service Law Books Sec. 214.2(t) Alien witnesses and informants— (1) Alien witness or informant in criminal matter. An alien may be classified as an S-5 alien witness or informant under the provisions of section 101(a)(15)(S)(i) of the Act if, in the exercise of discretion pursuant to an application on Form I-854 by an interested federal or state law enforcement authority ("LEA"), it is determined by the Commissioner that the alien: (Paragraph (t) added 8/25/95; 60 FR 44260) (i) Possesses critical reliable information concerning a criminal organization or enterprise; (ii) Is willing to supply, or has supplied, such information to federal or state LEA; and (iii) Is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the criminal organization or enterprise. (2) Alien witness or informant in counterterrorism matter. An alien may be classified as an S-6 alien counterterrorism witness or informant under the provisions of section 101(a)(15)(S)(ii) of the Act if it is determined by the Secretary of State and the Commissioner acting jointly, in the exercise of their discretion, pursuant to an application on Form I-854 by an interested federal LEA, that the alien: (i) Possesses critical reliable information concerning a terrorist organization, enterprise, or operation; (ii) Is willing to supply or has supplied such information to a federal LEA; (iii) Is in danger or has been placed in danger as a result of providing such information; and (iv) Is eligible to receive a reward under section 36(a) of the State Department Basic Authorities Act of 1956, 22 U.S.C. 2708(a). (3) Spouse, married and unmarried sons and daughters, and parents of alien witness or informant in criminal or counterterrorism matter. An alien spouse, married or unmarried son or daughter, or parent of an alien witness or informant may be granted derivative S classification (S-7) when accompanying, or following to join, the alien witness or informant if, in the exercise of discretion by, with respect to paragraph (t)(1) of this section, the Commissioner, or, with respect to paragraph (t)(2) of this section, the Secretary of State and the Commissioner acting jointly, consider it to be appropriate. A nonimmigrant in such derivative S-7 classification shall be subject to the same period of admission, limitations, and restrictions as the alien witness or informant and must be identified by the requesting LEA on the application Form I-854 in order to qualify for S INSERTS

REQ 13-14

~

000000001

Service Law Books nonimmigrant classification. Family members not identified on the Form 1-854 application will not be eligible for S nonimmigrant classification. (4) Request for S nonimmigrant classification. An application on Form 1-854, requesting S nonimmigrant classification for a witness or informant, may only be filed by a federal or state LEA (which shall include a federal or state court or a United States Attorney's Office) directly in need of the information to be provided by the alien witness or informant. The completed application is filed with the Assistant Attorney General, Criminal Division, Department of Justice, who will forward only properly certified applications that fall within the numerical .limitation to the Commissioner, Immigration and Naturalization Service, for approval, pursuant to the following process. (i) Filing request. For an alien to qualify for status as an S nonimmigrant, S nonimmigrant classification must be requested by an LEA. The LEA shall recommend an alien for S nonimmigrant classification by: Completing Form 1-854, with all necessary endorsements and attachments, in accordance with the instructions on, or attached to, that form, and agreeing, as a condition of status, that no promises may be, have been, or will be made by the LEA that the alien will or may remain in the United States in S or any other nonimmigrant classification or parole, adjust status to that of lawful permanent resident, or otherwise attempt to remain beyond a 3-year period other than by the means authorized by section 101(a)(15)(S) of the Act. The alien, including any derivative beneficiary who is 18 years or older, shall sign a statement, that is part of or affixed to Form I-854, acknowledging awareness that he or she is restricted by the terms of S nonimmigrant classification to the specific terms of section 101(a)(15)(S) of the Act as the exclusive means by which he or she may remain permanently in the United States. (A) District director referral. Any district director or Service officer who receives a request by an alien, an eligible LEA, or other entity seeking S nonimmigrant classification shall advise the requestor of the process and the requirements for applying for S nonimmigrant classification. Eligible LEAs seeking S nonimmigrant classification shall be referred to the Commissioner. (B) United States Attorney certification. The United States Attorney with jurisdiction over a prosecution or investigation that forms the basis for a request for S nonimmigrant classification must certify and endorse the application on Form l-854"and agree INSERTS

REQ

13-14

000000002

Service Law Books that no promises may be, have been, or will be made that the alien will or may remain in the United States in S or any other nonimmigrant classification or parole, adjust status to lawful permanent resident, or attempt to remain beyond the authorized period of ajdmission. (C) LEA certification. LEA certifications on Form 1-854 must be made at the seat-of-government level, if federal, or the highest level of the state LEA involved in the matter. With respect to the alien for whom S nonimmigrant classification is sought, the LEA shall provide evidence in the form of attachments establishing the nature of the alien's cooperation with the government, the need for the alien's presence in the United States, all conduct or conditions which may constitute a ground or grounds of excludability, and all factors and considerations warranting a favorable exercise of discretionary waiver authority by the Attorney General on the alien's behalf. The attachments submitted with a request for S nonimmigrant classification may be in the form of affidavits, statements, memoranda, or similar documentation. The LEA shall review Form 1-854 for accuracy and ensure the alien understands the certifications made on Form 1-854. (Corrected 10/5/95; 60 FR 52248) (D) Filing procedure. I-854, the LEA shall required attachments General, Criminal Department of Justice, form.

Upon completion of Form forward the form and all to the Assistant Attorney Division, United States at the address listed on the

(ii) Assistant Attorney General. Criminal Division review.(A) Review of information. Upon receipt of a complete application for S nonimmigrant classification on Form I-854, with all required attachments, the Assistant Attorney General, Criminal Division, shall ensure that all information relating to the basis of the application, the need for the witness or informant, and grounds of excludability under section 212 of the Act has been provided to the Service on Form I-854, and shall INSERTS

REQ

13-14

000000003

1"^ Service Law Books consider the negative and favorable factors warranting an exercise of discretion on the alien's behalf. No application may be acted on by the Assistant Attorney General unless the eligible LEA making the request has proceeded in accordance with the instructions on, or attached to, Form 1-854 and agreed to all provisions therein. (B) Advisory panel. Where necessary according to procedures established by the Assistant Attorney General, Criminal Division, an advisory panel, composed of representatives of the Service, Marshals Service, Federal Bureau of Investigation, Drug Enforcement Administration, Criminal Division, and the Department of State, and those representatives of other LEAs, including state and federal courts designated by the Attorney General, will review the completed application and submit a recommendation to the Assistant Attorney General, Criminal Division, regarding requests for S nonimmigrant classification. The function of this advisory panel is to prioritize cases in light of the numerical limitation in order to determine which cases will be forwarded to the Commissioner. (C) Assistant Attorney General certification. The certification of the Assistant Attorney General, Criminal Division, to the Commissioner recommending approval of the application for S nonimmigrant classification shall contain the following: (1) All information and attachments that may constitute, or relate to, a ground or grounds of excludability under section 212(a) of the Act; (2) Each section of law under which the alien appears to be inadmissible; (3) The reasons that waiver(s) of inadmissibility are considered to be justifiable and in the national interest; (4) A detailed statement that the alien is eligible for S nonimmigrant classification, explaining the nature of the alien's cooperation with the government and the government's need for the INSERTS

REQ

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000000004

Service Law Books alien's presence in the United States; (5) The intended date of arrival; (6) The length of the proposed stay in the United States; (7) The purpose of the proposed stay; and (8) A statement that the application falls within the statutorily specified numerical limitation. (D) Submission of certified requests nonimmigrant classification to Service.

for

S

(1) The Assistant Attorney General, Criminal Division, shall forward to the Commissioner only qualified applications for S-5 nonimmigrant classification that have been certified in accordance with the provisions of this paragraph and that fall within the annual numerical limitation. (2) The Assistant Attorney General Criminal Division, shall forward to the Commissioner applications for S-6 nonimmigrant classification that have been certified in accordance with the provisions of this paragraph, certified by the Secretary of State or eligibility for S-6 classification, and that fall within the annual numerical limitation. (5) Decision on application. (i) The Attorney General's authority to waive grounds of excludability pursuant to section 212 of the Act is delegated to the Commissioner and shall be exercised with regard to S nonimmigrant classification only upon the certification of the Assistant Attorney General, Criminal Division. Such certification is nonreviewable as to the matter's significance, importance, and/or worthwhileness to law enforcement. The Commissioner shall make the final decision to approve or deny a request for S nonimmigrant classification certified by the Assistant Attorney General, Criminal Division. (ii) Decision to approve application. Upon approval of the INSERTS

REQ

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000000005

Service Law Books application on Form 1-854, the Commissioner shall notify the Assistant Attorney General, Criminal Division, the Secretary of State, and Service officers as appropriate. Admission shall be authorized for a period not to exceed 3 years. (iii) Decision to deny application. In the event the Commissioner decides to deny an application for S nonimmigrant classification on Form 1-854, the Assistant Attorney General, Criminal Division, and the relevant LEA shall be notified in writing to that effect. The Assistant Attorney General, Criminal Division, shall concur in or object to that decision. Unless the Assistant Attorney General, Criminal Division, objects within 7 days, he or she shall be deemed to have concurred in the decision. In the event of an objection by the Assistant Attorney General, Criminal Division, the matter will be expeditiously referred to the Deputy Attorney General for a final resolution. In no circumstances shall the alien or the relevant LEA have a right of appeal from any decision to deny. (6) Submission of requests for S nonimmigrant visa classification to Secretary of State. No request for S nonimmigrant visa classification may be presented to the Secretary of State unless it is approved and forwarded by the Commissioner. (7) Conditions of status. An alien witness or informant is responsible for certifying and fulfilling the terms and conditions specified on Form 1-854 as a condition of status. The LEA that assumes responsibility for the S nonimmigrant must: (i) Ensure that the alien: (A) Reports quarterly to the LEA on his or her whereabouts and activities, and as otherwise specified on Form 1-854 or pursuant to the terms of his or her S nonimmigrant classification; (B) Notifies the LEA of any change of home or work address and phone numbers or any travel plans; (C) Abides by the law and all specified terms, limitations, or restrictions on the visa, Form 1-854, or any waivers pursuant to classification; and (D) Cooperates with the responsible LEA in accordance with the terms of his or her INSERTS

REQ

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000000006

o Service Law Books classification and any restrictions on Form 1-854; (ii) Provide the Assistant Attorney General, Criminal Division, with the name of the control agent on an ongoing basis and provide a quarterly report indicating the whereabouts, activities, and any other control information required on Form 1-854 or by the Assistant Attorney General; (iii) Report immediately to the Service any failure on the alien's part to: (A) Report quarterly; (B) Cooperate with the LEA; (C) Comply with the terms and conditions of the specific S nonimmigrant classification; or (D) Refrain from criminal activity that may render the alien deportable, which information shall also be forwarded to the Assistant Attorney General, Criminal Division; and (iv) Report annually to the Assistant Attorney General, Criminal Division, on whether the alien's S nonimmigrant classification and cooperation resulted in either (A) A successful criminal prosecution or investigation or the failure to produce a successful resolution of the matter; or (B) The prevention or frustration of terrorist acts or the failure to prevent such acts. (v) Assist the alien in his or her application to the Service for employment authorization. (8) Annual report. The Assistant Attorney General, Criminal Division, in consultation with the Commissioner, shall compile the statutorily mandated annual report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate. (9) Admission. The responsible LEA will coordinate the admission of an alien in S nonimmigrant classification with the Commissioner as to the date, time, place, and manner of the alien's arrival.

INSERTS

REQ 13-14

-

000000007

o

( I Service Law Books

(10V Employment. An alien classified under section 101(a)(15)(S) of the Act may apply for employment authorization by filing Form I-765, Application for Employment Authorization, with fee, in accordance with the instructions on, or attached to, that form pursuant to § 274a.12(c)(21) of this chapter. (11) Failure to maintain status. An ali^n classified under section 101(a)(15)(S) of the Act shall abide by all the terms and conditions of his or her S nonimmigrant classification imposed by the Attorney General. If the terms and conditions of S nonimmigrant classification will not be or have not been met, or have been violated, the alien is convicted of any criminal offense punishable by a term of imprisonment of 1 year or more, is otherwise rendered deportable, or it is otherwise appropriate or in the public interest to do so, the Commissioner shall proceed to deport an alien pursuant to the terms of 8 CFR 242.26. In the event the Commissioner decides to deport an alien witness or informant in S nonimmigrant classification, the Assistant Attorney General, Criminal Division, and the relevant LEA shall be notified in writing to that effect. The Assistant Attorney General, Criminal Division, shall concur in or object to that decision. Unless the Assistant Attorney General, Criminal Division, objects within 7 days, he or she shall be deemed to have concurred in the decision. In the event of an objection by the Assistant Attorney General, Criminal Division, the matter will be expeditiously referred to the Deputy Attorney General for a final resolution. In no circumstances shall the alien or the relevant LEA have a right of appeal from any decision to deport. (12) Change of classification. (i) An alien in S nonimmigrant classification is prohibited from changing to any other nonimmigrant classification. (ii) An LEA may request that any alien lawfully admitted to the United States and maintaining status in accordance with the provisions of § 248.1 of this chapter, except for those aliens enumerated in 8 CFR 248.2, have his or her nonimmigrant classification changed to that of an alien classified pursuant to section 101(a)(15)(S) of the Act as set forth in 8 CFR 248.3(h).

INSERTS

REQ

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000000008

.

t

O

U.S. Department of Justice Immigration and Naturalization Service

HQOPS 50/18-P Office of the Executive Associate Commissioner

4251 Street NW Washington, DC 20536

Q£u 2 3 2002

MEMORANDUM FOR REGIONAL DIRECTORS CHIEF, U.S. BORDER PATROL ACTING DIRECTOR OFFICE OF INTERNATIONAL AFFAIRS FROM;

SUBJECT:

jhnny N. WUwsms ixeqimjv^Associate Commissioner rof Field Operations Guidance Governing the S Nonimmigrant Visa

The purpose^trf-thts'mernorandum is to provide guidance on the processing and handling of aliens who have applied for the S nonimmigrant visa via the sponsorship of the Immigration and Naturalization Service (INS) or other law enforcement agency. Provisions and Conditions of the S Nonimmigrant Visa As part of the Violent Crime Control and Law Enforcement Act of 1994 (Crime Bill, Public Law No. 103-322), Congress established a standard procedure for allowing aliens into the United States' who are needed to provide testimony or information to law enforcement agencies2

' In practice, the provision is commonly used to provide a lawful status to eligible aliens who are already in the United States. " The term law enforcement agencies (LEAs) include U.S. Attorney's Offices and Federal and State courts, as well as Federal and State investigative agencies.

REQ

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Memorandum for Regional Directors, et al. Subject: Guidelines Governing the S Nonimmigrant Visa

Page 2

(LEAs). The Crime Bill established section 101(a)(15)(S) of the Immigration and Nationality Act (INA), which authorizes the admission of a limited number of alien witnesses and informants under specified conditions. The provisions also authorize adjustment of status to permanent residence after the satisfaction of certain conditions. Under the regulations (8 CFR § 214.2(t) -copy of regulation attached) an alien may be classified as an S-5 alien witness or informant under the provisions of INA § 101(a)(15)(S)(i), in the exercise of discretion pursuant to an application on Form 1-854 Inter-Agency Alien Witness and Informant Record (copy attached)"by an interested LEA, if it is determined by the Commissioner that the alien: (i) possesses critical reliable information concerning a criminal organization; (ii) is willing to supply or has supplied such information to a Federal or State LEA; and (iii) is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the criminal organization or enterprise. An alien may be classified as an S-6 alien counterterrorism witness or informant under the provisions of INA § 101(a) (15)(S)(ii) if it is determined by the Secretary of State and the Commissioner acting jointly, in the exercise of their discretion, pursuant to an application on Form 1-854 by an interested Federal or State LEA, that the alien: (i) possesses critical reliable information concerning a terrorist organization, enterprise, or operation; (ii) is willing to supply or has supplied such information to a Federal LEA; (iii) is in danger or has been placed in danger as a result of providing such information; and (iv) is eligible to receive a reward under section 36(a) of the State Department Basic Authorities Act of 1956, 22 U.S.C. § 2708(a). An alien spouse, married or unmarried son or daughter, or parent of an alien witness or informant may be granted derivative S classification when accompanying, or following to join, the alien witness or informant if, in the exercise of discretion by the Commissioner or the Secretary of State and the Commissioner acting jointly, consider it to be appropriate. The Crime Bill gives the Attorney General the discretion to waive most exclusion grounds3 for an alien eligible for S status if the Attorney General determines that it is in the national interest to do so. According to INA § 214(k)(l) the number of aliens who may be provided a visa as nonimmigrant under INA §101(a)(15)(S)(i) in any fiscal year may not exceed 200. The number of aliens who may be provided a visa as nonimmigrants under INA § 101(a)(15)(S)(ii) in any fiscal year may not exceed 50. The period of admission of an alien as such a nonimmigrant may not exceed 3 years. Such period may not be extended by the Attorney General. According to INA § 214(k)(4), as a condition for the admission, and continued stay in lawful status, of such a nonimmigrant, the nonimmigrant - (A) shall report not less often then quarterly to the Attorney General such information concerning the alien's whereabouts and activities as the Attorney General may require; (B) may not be convicted of any criminal offense punishable by a term of imprisonment of 1 year or more after date of such admission; (C) must have executed a form that waives the nonimmigrant's right to contest, other ' The Nazi and genocide exclusion grounds may not be waived.

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Memorandum for Regional Directors, et al. Subject: Guidelines Governing the S Nonimmigrant Visa

Page 3

than on the basis of an application for withholding of deportation, any action for removal of the alien instituted before the alien obtains lawful permanent resident status; and (D) shall abide by any other condition, limitation, or restriction imposed by the Attorney General. Application Process for the S Nonimmigrant Visa An application for an S nonimmigrant visa may only be submitted by an LEA directly in need of the information to be provided by the alien witness or informant. The Form 1-854 must be filed directly with the Assistant Attorney General for the Criminal Division of the Department of Justice when the LEA is not the INS. When the INS is the sponsoring agency, the Form 1-854, with all attachments and alien A-file, is to be forwarded directly from the district/sector office to the Headquarters Office of Investigations (HQINV), via Federal Express. The package must contain a memorandum addressed to the Assistant Commissioner for Investigations from the District Director or Chief Patrol Agent that explains why the alien should be granted S nonimmigrant status. The Form 1-854 and its attachments will be reviewed by HQINV, and HQINV will determine if the alien meets the requirements of the S nonimmigrant provision. Once that process is complete, HQINV will forward the application to the Assistant Attorney General for the Criminal Division with its recommendation. The Criminal Division then forwards properly certified applications that fall within the numerical limitation to the INS Commissioner for approval. The requesting LEA must certify its needs for the alien witness or informant by providing evidence establishing the nature of the alien's cooperation with the government, the need for the alien's presence in the United States, any conduct or condition that may constitute a ground of excludability, and any factors warranting a favorable exercise of discretionary waiver authority by the Attorney General. (The Criminal Division has created a worksheet that is to be completed by the sponsoring agency. This worksheet addresses each of the above elements. This worksheet is attached and an electronic version can be requested from HQINV). The Form 1-854 must be signed by the United States Attorney with jurisdiction over a prosecution or investigation that forms the basis for a request for S nonimmigrant classification. The United States Attorney must agree that no promise may be, has been, or will be made that the alien will or may remain in the United States in S or any other nonimmigrant classification or parole, adjust status to lawful permanent resident, or attempt to remain beyond the authorized period of admission. Under the regulations, the Criminal Division reviews each application for completeness and considers the negative and favorable factors warranting an exercise of discretion on the alien's behalf. No request for S nonimmigrant classification may go to the INS without the Criminal Division's certification. The INS Commissioner will make the final decision to approve or deny a request for S nonimmigrant classification. If the INS approves the application, admission as a nonimmigrant will be authorized for a period not to exceed three years. The regulation specifies that S nonimmigrants may work in the United States.

REQ 13-14

'

000000011

o Memorandum for Regional Directors, et al. Subject: Guidelines Governing the S Nonimmigrant Visa

Page 4

Upon approval of the S nonimmigrant visa, it will be the responsibility of the controlling INS agent, who submitted the application, to provide quarterly reports to HQINV. The HQINV will then forward the reports to the Attorney General. The S status itself does not authorize the alien to travel abroad. If a situation arises that requires the alien to travel abroad, a request for advance parole must be made directly to HQINV, who will then forward the request to the Headquarters Parole Office. Requests for Employment Authorization Several LEAs have called HQINV regarding problems obtaining employment authorization documents (EADs) for their informants at the local INS offices because: 1) HQINV has possession of the alien's A-file; and 2) there is no provision under 8 CFR § 274a. 12 to grant employment authorization to an alien who has a pending S nonimmigrant visa. Pursuant to 8 CFR § 274a.l2(c)(21) an BAD card can be issued to a principal alien and qualified dependent family members once the S nonimmigrant visa has been approved. Due to the length of time it is taking to process an S nonimmigrant visa application from its arrival at the Criminal Division through the final approval of the INS Commissioner, and since an alien with a pending S nonimmigrant visa cannot be physically removed from the United States, the Assistant Commissioner for Investigations at HQINV will place these aliens in deferred action until a decision is made regarding the pending S nonimmigrant visa (Action will be deferred by the Assistant Commissioner for Investigations only on nondetained aliens). Aliens under deferred action are eligible for an BAD card pursuant to 8 CFR § 274a. 12(c)(14). PROCEDURE: District offices will continue processing BAD requests under current procedures except for aliens who have an S nonimmigrant visa application pending at the Criminal Division or at HQINV. For those cases, the sponsoring LEA will forward the Form 1-765, Application for Employment Authorization, with fee and photographs, to his/her respective Headquarters Point-of-Contact (POC). The LEA POC will forward the Form 1-765, with fee and photographs, directly to HQINV. Once HQINV approves the Form 1-765, the BAD card will be messenger mailed to the LEA's POC. Requests by LEAs for Parole Based on the authorities provided under 8 CFR § 212.14(a), parole can be granted under INA § 212(d)(5) for aliens whom LEAs seek to bring to the United States as witnesses or informants who are applying for S classification. All such requests are to be submitted by the headquarters office of the LEA directly to HQINV, who will then forward the request to the INS Headquarters Parole Office after review and concurrence.

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o

•

Memorandum for Regional Directors, et al. Subject: Guidelines Governing the S Nonimmigrant Visa

o Page 5

All requests for advance parole for aliens who have an S nonimmigrant visa application pending at the Criminal Division or at HQINV are to be submitted by the headquarters office of the LEA directly to HQINV with a letter detailing the purpose for the advance parole request. Approval of these requests are limited to "urgent humanitarian reasons or for operational purposes identified by the LEA (significant public interest)." The HQINV will then forward the request to the INS headquarters Parole office after review and concurrence. Detained Aliens If the alien is in custody and is being processed for removal, all attempts to obtain a final order of removal should be made. However, the removal is deferred until such time as a decision is rendered on the application. It is critical that contact with HQINV be maintained during this process. No alien will be removed from the United States while an S nonimmigrant visa is pending at the Criminal Division or at HQINV. Adjustment of Status to Lawful Permanent Resident If the Attorney General determines that an S nonimmigrant alien supplied the required information and that the information contributed to the success of an investigation or prosecution of a criminal enterprise, the alien may adjust status to permanent residence (INA § 245(j); 8 U.S.C. § 1255; 8 CFR § 245.11). The application for adjustment of status process is similar to the initial S nonimmigrant visa application process. The LEA that made the original request must initiate the request by filing another Form 1-854 with the Criminal Division (INS cases are to be forwarded directly to HQINV). The Criminal Division reviews the information to determine whether to certify the request to the INS Commissioner. The INS Commissioner makes the final decision whether to allow the alien to apply for adjustment of status. If the Commissioner decides to permit the alien to apply for adjustment of status, the alien then submits the Form 1-485 Application to Register Permanent Residence or Adjust Status, with the appropriate fee and supporting documentation. Due to the sensitive nature of these applications and because this program is controlled by HQINV, the I-485s will be filed at HQINV. District Adjudication Officers, from INS district offices, will be detailed to HQINV in order to adjudicate these cases or these cases can be adjudicated at the Washington or Baltimore District Offices. NOTE: These applications must be received at HQINV prior to expiration of the applicant's S nonimmigrant status. If the S nonimmigrant status expires before the 1-854 and 1-485 have been received, the sponsoring agency must reapply for a new S nonimmigrant visa in order to place the applicant back in S nonimmigrant status. It is recommended that requests for adjustment of status be submitted two years after the alien has been granted S nonimmigrant status. After the alien adjusts status to lawful permanent resident, the INS may start removal proceedings if the alien engages in removable conduct after adjusting status, or if the INS discovers that the alien failed to disclose an excludable offense committed before adjusting status to that of a permanent resident [INA § 212(d)(l); 8 U.S.C. § 1182(d)(l); 8 CFR § 212.4(i)(2)]..

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000000013

Memorandum for Regional Directors, et al. Subject: Guidelines Governing the S Nonimmigrant Visa

Page 6

Please direct any questions regarding these guidelines to Senior Special Agent Michael Greenfield (202) 353-0786 or Supervisory Special Agent Lydia St. John-Mellado, Director, Fraud Unit (202) 514-5097. The INS S nonimmigrant visa applications are to be Federal Expressed to: 425 I St., NW, Room 1000, Washington, D.C. 20536 ATTENTION: Senior Special Agent Michael Greenfield. Attachments (3)

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000000014

V

c Asset/Informant Unit (AIU) Training - S Visa Program

1/8/03 - Overview of the S-Visa and Parole Programs "S" Visas 4

What is an S Visa ? The "S" non-immigrant classification was created by the Violent Crime Control and Law Enforcement Act of 1994. It is available to a limited number of aliens who supply critical reliable information necessary to the successful investigation and/or prosecution of a criminal organization or critical reliable information concerning a terrorist organization. For those selected, existing grounds for exclusion, including those arising from criminal convictions or certain problems with immigration status, will be waived. For aliens who comply with the terms of their S non-immigrant status, the sponsoring law enforcement agency may make application for them to be permitted to apply for lawful permanent resident (LPR) status. +

Who is eligible ? Criminal Informants and family members (spouse, parents, sons, daughters) Cooperative Witnesses and family members (spouse, parents, sons, daughters) Assets and family members (spouse, parents, sons, daughters)

4

Process Field Office prepares package AIU reviews application and obtains concurrence from substantive desk DOT reviews application INS reviews application AIU advises Field Office of INS approval for applicant to enter S-visa program and furnishes an application for employment authorization. Field Office advises applicant of approval

Once alien is in the S-Visa program for two years, AIU advises Field Office to apply for permission to adjust S-Nonimmigrant status to LPR AIU reviews petition to adjust to LPR status DOT reviews petition INS review petition AIU advises Field Office of INS approval for applicant to adjust to LPR status AIU instructs Field Office to submit material for adjustment AIU reviews documentation for adjustment INS reviews documentation for adjustment AIU advises Field Office of INS approval for applicant to receive LPR status

REQ 13-14

000000015

I * Asset/Informant Unit (AIU) Training - S Visa Program FBI's responsibility Quarterly Reports until applicant receives LPR status Annual Reports until applicant receives LPR status Resolve application discrepancies until LPR status received

Employment Authorization 4

What is an Employment Authorization card? Aliens admitted legally to the United States may qualify for work authorization. INS issues a laminated card once employment authorization is approved. The authorization is for one year. +

Who is eligible ? AIU process employment authorization for S-visa recipients only.

4

Process Field Office prepares application AIU reviews and forwards application to INS INS reviews application and sends AIU an employment authorization card AIU provides Field Office employment authorization card

Advance Paroles +

What is an advance parole ? Aliens in the United States may obtain documentation to re-enter the United Statues in advance of their overseas travel. +

Who is eligible ? AIU process advance paroles for S-visa recipients only

+

Process Field Office submits request via EC AIU prepares letter to INS and fax same INS notifies AIU via fax of approval AIU advises Field Office

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000000016

Thomas H. Kean CHAIR

FBI DOCUMENT REQUEST NO. 20

Lee H. Hamilton V I C E 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 DIRECTOR

The National Commission on Terrorist Attacks Upon the United States ("the Commission") requests that the Federal Bureau of Investigation (FBI or the "respondent") provide the Commission with copies of the following documents no later than January 9, 2004 (the "production date"): 1. Color copies of all travel documents (passports, visas, and travel stamps or cachets) of the nineteen 9/11 hijackers that are in the possession of the FBI. These include, but are not limited to: a. Saudi Arabian passport of Saeed Al-Ghamdi #C573895 recovered from the Flight 93 crash site; b. Photocopies of Mohammed Atta's Egyptian passport (#1617066), and Egyptian Identity document (#M387555); c. Lebanese passport of Ziad Jarrah recovered from the Flight 93 crash site; d. Saudi Arabian passport of Satam M.A. Al Suqami (#8559583) recovered from the World Trade Center; and e. Saudi Arabian passport of Abdulaziz Al-Omari (#C165015) recovered from the World Trade Center. 2. Color copies of all travel documents related to individuals closely associated with the 9/11 plot that are in the possession of the FBI, including: a. Khalid Sheikh Muhammad's visa application, passport, and visa issued to him under an alias in Jeddah, Saudi Arabia on July 23, 2001; b. Mohammad Al Kahtani's visa application, passport, and visa issued in Riyadh, Saudi Arabia, on July 14, 2001; c. Saeed "Jihad" Al Ghamdi's visa application and passport sought by him in Jeddah Saudi Arabia on November 8, 2000; d. Moshabib Al Hamlan's visa application, passport, and visa issued on October 28, 2000; e. All visa applications submitted by Ramzi Binalshibh, and all passports believed to have been used by Binalshibh; f. All visa applications submitted by Zakaria Essabar, and all passports believed to have been used by Essabar; g. Ali Abdul Aziz Ali's visa application and passport used in connection with his application for the visa denied to him in Dubai, UAE on August 27, 2001; and h. All visa applications or copies of passports for the following individuals: Saud Al Rashid (DOB: 1-30-81), Qutaybah Al Najdi (DOB: Cir. 1975), Saad Al Baluchi (DOB: Cir. 1972), Zuhair Al Thubaiti (DOB: 4-24-76), and Julaybib Al Ghamdi(DOB: 11-18-80). TEL (202) 331-4060 FAX (202) 296-5545 http://www.9-llcommission.gov

FBI Document Request No. 20 Page 2

3. Documents describing efforts by Ramzi Binalshibh to have his travel documents altered in order to further his terrorist activities. 4. Color copies (and any translations made thereof) of all documents recovered by the FBI that are believed to have been in the possession of the nineteen 9/11 hijackers, or other 9/11 plotters, relating to travel or identification documents, including: a. Notes recovered from luggage and cars that describe preparation for the 9/11 attack, including the use of identification documents such as passports; b. The letter written in Arabic recovered from luggage not loaded onto American Airlines Flight number 11; and c. A notebook recovered from the Flight 93 crash site, discussing, among other things, how to interact with an immigration inspector. 5. Documents sufficient to establish how the above items came into the FBI's possession. 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 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. December 23, 2003

Daniel Marcus General Counsel

Page 1 of 1 Joanne Accolla Steve Dunne S,_

.

Tuesday, December 23, 2003 3:36 PM

To:

'[email protected]'; '[email protected]'

Cc:

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

Subject: FBI document request no. 20

Pat and Rick: Attached as a Word document is FBI document request no. 20. Please call Tom Eldridge at 202-4011686 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

12/29/2003

U.S. Department of Justice Federal Bureau of Investigation

Washington, D. C. 20535-0001

T\f\ h J

JJAS

April 28, 2004 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100KStreet,N.W. Washington, D.C. 20036 RE: Commission's Request for Documents Dear Mr. Marcus: In response to the Commissions Request for Documents, please find the following: Documents responsive to Document Request 3 Supplemental #3-k; Documents responsive to Document Request 3 Supplemental #7-b; Documents responsive to Document Request 20-3; Documents responsive to Document Request 22-1; Documents responsive to Document Request 34-1 - 3 Packets; Documents in response to Miscellaneous Request #43 - Supplemental Packet [Documents In Response to Request from Commission Staffer Thomas Eldridge -Documents Related to How the FBI Determined the 19 Hijackers ' Identities; Miscellaneous Documents for the Commission #6 ["Shared Responsibility Letter" to Senators Collins & Levin] This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613. Sincerely,

Assistant General Counsel

Thomas H. Kean CHAIR

FBI DOCUMENT REQUEST NO. 22

Lee H. Hamilton VICE CHAIR

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

The National Commission on Terrorist Attacks Upon the United States ("the Commission") requests that the Federal Bureau of Investigation (FBI or the "respondent") provide the Commission with copies of the following documents no later than January 26, 2004 (the "production date"):

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

1. Documents sufficient to show Mohammed Atta's presence at the Orlando International Airport on August 4, 2001, including rental vehicle, parking, and calling card records. 2. Airline reservation records for Mohammad Al Qahtani for travel to the United States arriving on August 4, 2001.

Philip D. Zelikow EXECUTIVE DIRECTOR

3. U.S. school records for the following hijackers: Hani Hanjour, Mohammed Atta, Marwan Alshehhi, Ziad Jarrah, Nawaf al-Hazmi, and Khalid Mihdhar, indicating registration and dates of enrollment. 4. Documents sufficient to establish how the above items came into the FBI's possession. 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 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.

FBI Document Request No. 22 Page 2

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. January 12, 2004

Daniel Marcus General Counsel

Page 1 of 1 Accolla n: it:

Steve Dunne Monday, January 12, 2004 5:12 PM

To:

'[email protected]

Cc:

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

Subject: FBI document request no. 22

Pat: Attached as a Word document is FBI document request no. 22. 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

1/14/2004

Thomas H. Kean CHAIR

Lee H. Hamilton

FBI DOCUMENT REQUEST No. 29

VICE CHAIR

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

The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the Federal Bureau of Investigation (FBI or the "respondent") provide the Commission with copies of the following documents no later than February 26, 2004 (the "production date"): 1. All records relating to the investigation of individuals, other than the hijackers, who had booked and/or been ticketed for AA Flight No. 11, AA Flight No. 77, UA Flight No. 175, and UA Flight No. 93 on September 11, 2001, including individuals who had canceled or were no shows for the flight. This request includes records relating to individuals who were booked under Passenger Name Record "Noris" and "Cooper," whose flights were arranged by Intervia Travel Agency in Karachi, Pakistan.

Philip D. Zelikow EXECUTIVE DIRECTOR

2. All records related to the Intervia Travel Agency located in Karachi, Pakistan from January 1, 1998 through September 11, 2001. 3. All formal reports produced by the FBI from 1990 through September 11, 2001, regarding the FBI's assessment of current and potential threats to domestic air transportation, including any reports produced pursuant to the requirements of the Aviation Security Improvement Act of 1990. 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.

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

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. February 12, 2004

Daniel Marcus General Counsel

Page 1 ofl •v

yanne Accolla *K om:

Steve Dunne

Sent:

Thursday, February 12, 2004 5:12 PM

To:

'[email protected]'

Cc:

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

Subject: FBI document request no. 29

Pat: Attached as a Word document is FBI document request no. 29. 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

2/13/2004

Thomas H. Kean CHAIR

FBI DOCUMENT REQUEST NO. 30

Lee H. Hamilton VICE CHAIR

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

The National Commission on Terrorist Attacks Upon the United States ("the Commission") requests that the Federal Bureau of Investigation (FBI or the "respondent") provide the Commission with copies of the following documents no later than March 3, 2004 (the "production date"):

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

Philip D. Zelikow EXECUTIVE DIRECTOR

1. All flight manifests for the following aircraft that departed the United States in September 2001 with Saudi nationals (as indicated in the FBI's response to FBI Document Request No. 14, item 4): a. Ryan International Flight 441; b. Jetlease USA charter which departed Lexington, Kentucky on or about September 16, 2001; c. Republic of Gabon-flagged charter DC-8-73, tail number TR-LTZ, which departed Las Vegas, Nevada on or about September 19, 2001; d. Chartered flight B 727-21, tail number N727PX, which departed Las Vegas, Nevada on or about September 20, 2001; e. American Trans Air flight ATA L-1011, tail number N189AT, which departed Las Vegas, Nevada on or about September 24, 2001; and f. Northstar Aviation flight which departed from Providence, Rhode Island on or about September 14, 2001. 2. All interview reports for any passengers on the above flights. 3. All documents describing the clearance process for these flights, including any restrictions placed on the departures of these flights (such as "prevent departure" orders), and the protocols utilized in screening the passengers on these flights prior to their departure.

FBI Document Request No. 30 Page 2

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. February 18, 2004

Daniel Marcus General Counsel

Page 1 of 1 .ne Accolla jm:

Steve Dunne

Sent:

Wednesday, February 18, 2004 10:55 AM

To:

'[email protected]'

Cc:

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

Subject: FBI document request no. 30

Pat: Attached as a Word document is FBI document request no. 30. 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

2/18/2004

FBI DOCUMENT REQUEST NO. 34 Thomas H. Kean CHAIR

Lee H. Hamilton VICE CHAIR

Richard Ben-Veniste

The National Commission on Terrorist Attacks Upon the United States ("the Commission") requests that the Federal Bureau of Investigation (FBI or the "respondent") provide the Commission with copies of the following documents no later than March 23, 2004 (the "production date"):

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

1. All Computer Analysis Response Team (CART) reports, or predecessor computer exploitation reports, regarding hard drives seized from al Qaeda associated subjects from 1995 through September 11,2001. 2. All investigative materials (images or verbal) concerning travel or travel documents derived from those hard drives. 3. Sections on terrorist travel and travel documents from training manuals obtained prior to September 11, 2001, from al Qaeda or related organizations.

Philip D. Zelikow XECUTIVE DIRECTOR

The Commission 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, 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 :

Steve Dunne

;~~~it:

Tuesday, March 09, 2004 10:52 AM

To:

'[email protected]'

Cc:

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

Subject: FBI document request no. 34 Pat: Attached as a Word document is FBI document request no. 34. 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

3/9/2004

U.S. Department of Justice

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Federal Bureau of Investigation Washington, D. C. 20535-0001

March 12, 2004 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100 K Street, N.W. Washington, D.C. 20036 RE: Commission's Request for Documents Dear Mr. Marcus: In response to the Commissions Request for Documents, please find the following: • • •

Documents responsive to Document Request 10-lv - 2 Packets; Documents in response to Miscellaneous Request #36 [-Documents Requested by Commission Staffer Dieter Snel\~Follow-up Documents - Roger Cook Interview] Documents in response to Miscellaneous Request #37 [Documents Requested by Commission -Follow-up Documents-Roger Morrisson Interview (NJTTF Presentation}

This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613. Sincerely,

Robert S. Sinton Assistant General Counsel

FBI DOCUMENT REQUEST NO. 38 Thomas H. Kean CHAIR

Lee H. Hamilton VICE CHAIR

Richard Ben-Veniste

The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the Federal Bureau of Investigation (FBI or the "respondent") provide the Commission with copies of the following documents no later than April 13, 2004 (the "production date"):

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

1. All passports obtained by the FBI of individuals on the following flights of Saudi Arabian nationals who departed the United States after September 11, 2001: Northstar Aviation flight from Providence, Rhode Island (departing on or about September 14, 2001); Chartered Boeing 727 flight from Lexington, Kentucky (departing on or about September 16, 2001); Ryan International Flight 441 (departing on or about September 20, 2001); DC-8-73, Tail No. TR-LTZ (departing on or about September 20, 2001); Flight B 727-21, Tail No. N727PX (departing on or about September 20, 2001); and Flight L-1011 (departing on or about September 20, 2001).

Philip D. Zelikow EXECUTIVE DIRECTOR

The Commission 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, 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 30, 2004

Daniel Marcus General Counsel

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

Page 1 of 1 Joanne Accolla From: ^*nt:

Steve Dunne Tuesday, March 30, 2004 3:27 PM

i o:

'[email protected]

Cc:

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

Subject: FBI document request no. 38

Pat: Attached as a Word document is FBI document request no. 38. 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

3/30/2004

it. U.S. Department of Justice Federal Bureau of Investigation Washington, D. C. 20535-0001

March 26, 2004 Daniel Marcus. General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100 K Street, N.W. Washington, D.C. 20036 RE: Commission's Request for Documents Dear Mr. Marcus: In response to the Commissions Request for Documents, please find the following: • • • • •

Documents responsive to Document Request 10-Is; Documents responsive to Document Request 20-4b; Documents responsive to Document Request 20-4c; Documents responsive to Document Request 27-1 - 4 Packets; Documents in response to Supplemental to Miscellaneous Request #39 [Documents In Response to Request from Sarah Linden-Documentation on CIR 316/02827-04].

This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613. Sincerely,

Robert S. Sinton Assistant General Counsel

U.S. Department of Justice Federal Bureau of Investigation

Washington, D. C. 20535-0001

March 25, 2004 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100KStreet,N.W. Washington, D.C. 20036 RE: Commission's Request for Etocuments Dear Mr. Marcus: In response to the Commissions Request for Documents, please find the following: •

Documents responsive to Document Request 20-1 (in 4 Parts).

This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613. Sincerely,

Robert S. Sinton Assistant General Counsel

U.S. Department of Justice Federal Bureau of Investigation

March 31,2004 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100KStreet,N.W. Washington, D.C. 20036 RE: Commission's Request for Documents Dear Mr. Marcus: In response to the Commissions Request for Documents, please find the following: Documents responsive to Document Request 16-lb; Documents responsive to Document Request 19-2; Documents responsive to Document Request 20-4a; Documents responsive to Document Request 26-19; Documents responsive to Document Request 35-4; Documents responsive to Document Request 35-12; Documents responsive to Document Request 35-15; Documents responsive to Document Request 37-2; Documents responsive to Document Request 37-3; Documents responsive to Document Request 37-4; Documents in response to Miscellaneous Request #33-Supplemental Packet #2 [Documents In Response to Request from Commission Staffer Doug Greenberg • Material Related to Commission Interview with Adam Drucker]; Documents in response to Miscellaneous Request #38-Supplemental Packet [-Documents Requested by Commission Staffer Barbara Grewe-Fo//ow-w/? Documents- ThomasAinora Interview]. This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613. Sincerely,

Robert S. Sinton Assistant General Counsel

U.S. Department of Justice Federal Bureau of Investigation Washington, D. C. 20535-0001

March 25, 2004 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100KStreet,N.W. Washington, D.C. 20036 RE: Commission's Request for Documents Dear Mr. Marcus: In response to the Commissions Request for Documents, please find the following: •

Documents responsive to Document Request 20-1 (in 4 Parts).

This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613. Sincerely,

Robert S. Sinton Assistant General Counsel

U.S. Department of Justice Federal Bureau of Investigation Washington, D. C. 20535-0001

March 15, 2004 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100KStreet,N.W. Washington, D.C. 20036 RE: Commission's Request for Documents Dear Mr. Marcus: In response to the Commissions Request for Documents, please find the following: Documents responsive to Document Request 26-10; Documents responsive to Document Request 26-13; Documents responsive to Document Request 30-1 a thru f; Documents responsive to Document Request 30-lb; Documents responsive to Document Request 30-lc; Documents responsive to Document Request 30-ld; Documents responsive to Document Request 30-le; Documents responsive to Document Request 30-2. This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613. Sincerely,

Robert S. Sinton Assistant General Counsel

U.S. Department of Justice Federal Bureau of Investigation Washington, D. C. 20535-0001

March 12, 2004 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100KStreet,N.W. Washington, D.C. 20036 RE: Commission's Request for Documents Dear Mr. Marcus: In response to the Commissions Request for Documents, please find the following: Documents responsive to Document Request 10-lv - 2 Packets; Documents in response to Miscellaneous Request #36 [-Documents Requested by Commission Staffer Dieter Sn&ll-Follow-up Documents - Roger Cook Interview} Documents in response to Miscellaneous Request #37 [Documents Requested by ^Commission -Follow-up Documents-Roger Morrisson Interview (NJTTF C_ presentation} This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613. Sincerely,

Robert S. Sinton Assistant General Counsel

MISCELLANEOUS REQUEST for DOCUMENTS -DOCUMENTS REQUESTED BY COMMISSION -FOLLOW-UP DOCUMENTS ROGER MORRISSON (NJTTF PRESENTATION)

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RESPONSIVE to !ELLANEOUS REQUEST from COMMISSION

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THE NATIONAL JTTF In the wake of the September 11, 2001, terrorist attacks, the JTTFs became the primary operational and investigative arms of the United States government in the war on terrorism, expanding from 35 JTTFs to the present 56 JTTFs and 28 annexes. This rapid growth created new challenges of organization and assimilation between multiple federal, state, and local government agencies and the JTTF Program. In July 2002, Director Mueller authorized the formation of the National Joint Terrorism Task Force (NJTTF) to address the complex information-sharing, coordination, and logistical issues between the many intelligence, law enforcement, defense, diplomatic, public safety, and homeland security agencies and the JTTF Program. The NJTTF is presently comprised of 38 OGAs collocated in the Strategic Information and Operations Center (SIOC) at FBEHQ. The mission of the NJTTF is to enhance communication, coordination, and cooperation between federal, state, and local government agencies representing the intelligence, law enforcement, defense/diplomatic, public safety, and homeland security community by providing a point of fusion for terrorism intelligence and by acting as the "hub" of support for the JTTFs throughout the United States. The NJTTF accomplishes its mission by attaining the following goals: Operating a multi agency task force at FBJUQ consisting of personnel from the intelligence, law enforcement, defense, diplomatic, public safety, and homeland security community which serves as a "point of fusion" for multi agency collaboration and effective sharing of terrorism intelligence between the participating agencies nationwide. Coordinating topical terrorism projects involving all JTTFs by collecting, correlating, and fusing terrorism information at FBEHQ for dissemination to CT substantive units, JTTFs, and other government agencies. •

Providing administrative, logistical, financial, and training support and guidance to all JTTFs. Establishing and maintaining a "one-stop shopping" location for the intelligence, law enforcement, defense, diplomatic, public service, and homeland security community at the FBI's SIOC, which is readily available to SIOC commanders during crisis situations.

Presently, there are a total of 57 individuals assigned to the NJTTF which include 14 FBI employees and 43 representatives from OGAs. The participating agencies in the NJTTF include: Bureau of Alcohol Tobacco, Firearms and Explosives Bureau of Customs and Border Protection-DHS Bureau of Immigration and Customs Enforcement-DHS Central Intelligence Agency Defense HUMINT Services Defense Intelligence Agency Defense Criminal Investigative Service

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Department of Commerce Department of Homeland Security Defense Threat Reduction Agency Department of Energy Department of Health and Human Services Department of the Interior Department of State Environmental Protection Agency Federal Bureau of Investigation Federal Bureau of Prisons Federal Protective Service-DHS Joint Forces Command (NORTHCOM) Internal Revenue Service National Railroad Police Naval Criminal Investigative Service New York City Police Nuclear Regulatory Commission Transportation Security Administration-DHS Treasury IG for Tax Administration U.S. Air Force Office of Special Investigations U.S. Army Criminal Investigative Division U.S. Army Military Intelligence U.S. Capitol Police U.S. Coast Guard-DHS U.S. Department of Agriculture U.S. Food and Drug Administration U.S. Marshals Service U.S. Postal Inspection Service U.S. Secret Service-DHS U.S. Special Operations Command (SOCOM) Washington, DC Metropolitan Police Department Like all JTTFs, the NJTTF derives strength from the combination of experience, diversity of mission, and access to the databases each participating agency brings to the table. The NJTTF, however, provides an unprecedented collaborative effort combining the resources from these agencies, into one task force. All NJTTF members are provided FBI Intranet and database access for CT investigations and related case files and, in turn, bring with them access to their respective databases, which facilitates an accelerated information-sharing capability to all NJTTF members. NJTTF members interact, on a daily basis, with the CT Operational Units at FBIHQ, JTTF members in the field, as well as with their own agencies. Many of the NJTTF member agencies also have representatives on local JTTFs and serve as a conduit for sharing of terrorism information between the NJTTF and their counterparts at the JTTFs.

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The NJTTF has coordinated with the Office of the FBI Executive Assistant Director for Law Enforcement Coordination to create fellowships for state and local law enforcement personnel. These fellowships allow officers to join the NJTTF for a temporary appointment. These officers obtain first hand knowledge of the day-to-day operations of the NJTTF, CT Watch, and operational International and Domestic Terrorism Units at FBI Headquarters. These officers assist the FBI and the NJTTF in identifying methods to enhance information sharing between all levels of law enforcement. The Kansas City, Mo Police Department as well as San Jose,Ca Police Department have assigned officers to the NJTTF. The NJTTF maintains critical liaison with the national headquarters of its participating agencies as well as with the Department of Justice Anti-Terrorism Advisory Committee (ATAC) Program.

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THE JTTF PROGRAM The task force concept was initially utilized by the FBI in New York City in 1979 to address a significant and overwhelming bank robbery crime problem which was victimizing the New York financial community. The implementation of the task force concept proved to be a valuable investigative tool, and w'as subsequently applied to the FBI's Counterterrorism (CT) Program. In May 1980, the first JTTF was established in the New York Field Office in response to an increased number of terrorist bombings. In the beginning of 1996, a total of 11 JTTFs existed in the FBI CT Program. By this time, it was clear to the FBI that the establishment of JTTFs enhanced interagency cooperation, coordination, and communication and created cohesive units capable of addressing a wide variety of terrorism matters. The establishment of the JTTF Program has enhanced the FBI's ability to promote a coordinated counterterrorism effort among FBI field offices and their respective counterparts in federal, state, and local law enforcement agencies. From 1996 to 2000 the JTTF Program grew from 11 to 29. In fiscal year 2001, Congress provided a $2 million enhancement to strengthen and further expand the JTTF program. With a base of $5.2 million, 6 new task forces were established, for a total of 35 task forces at the end of fiscal year 2001. In fiscal year 2002, $15.7 million of the Congressional Supplemental facilitated providing JTTF coverage in all 56 FBI field offices. In fiscal year 2003, with a new base of $5.9 million, Congress provided an additional $20 million. These funds have been used to strengthen and expand operations in the existing JTTFs. The following depicts the growth of the JTTF Program from September 11, 2001, to the present: JTTFs added by fiscal year since October 1998: FY 2000 San Diego Salt Lake City Minneapolis Charlotte Seattle New Orleans

FY 1999 San Antonio Pittsburgh Detroit Indianapolis El Paso

FY 2001 Albuquerque Cleveland Las Vegas New Haven Cincinnati Anchorage

FY2002 Albany Baltimore Birmingham Buffalo Columbia Honolulu Jackson Jacksonville

Louisville Memphis Milwaukee Mobile Norfolk Omaha Richmond San Juan

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JTTF RESIDENT AGENCY ANNEXES The terrorist attacks of September 11,2001, the anthrax, attacks, and the directives issued by the Attorney General of the United States (AG) regarding Anti Terrorism TaskForces (ATTFs) have inspired unprecedented interest by federal, state and local agencies to become full-time members in the 56 JTTFs, as well as in outlying FBI resident agency (RA) locations. The RA locations are known as Annexes, which are branches of the established field office JTTFs. During FY 2002,10 JTTF Annexes were approved, bringing the total number of JTTFs, including Annexes, to 66. On June 30,2003, the FBI approved the establishment of an additional 18 Annexes, bringing the total numberof Field Office JTTFs and Annexes to 84. For command and control purposes, theFBIRA Annex locations are supervised locally by FBI Supervisory Senior Resident Agents (SSR As), who are subordinate to the Special Agents in Charge or Assistant Directors in Charge of their respective field offices. Listed below are the locations of the current 28 resident agency Annexes: (* denotes field office Annexes approved on 06/30/2003) •

Birmingham Field Office JTTF Huntsville RA* Charlotte Field Office JTTF Fayetteville RA* Cleveland Field Office JTTF Toledo Resident Agency Columbia Field Office JTTF Greenville RA* Houston Field Office JTTF Beaumont RA* Bryan/Conroe RA* Corpus Christi RA* Texas City RA*

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Los Angeles Field Office JTTF Long Beach RA Riverside RA Santa Ana RA Memphis Field Office JTTF Nashville RA Milwaukee Field Office JTTF Madison RA Oklahoma City Field Office JTTF Tulsa RA* Omaha Field Office JTTF Des Moines RA Pittsburgh Field Office JTTF Charleston,WV RA* Clarksburg.WV RA* Richmond Field Office JTTF Charlottesville RA* San Antonio Field Office JTTF Austin RA* Brownsville RA* Laredo RA* McAllen RA* Seattle/Salt Lake City JTTF Intermountain Northwest RA Tampa Field Office JTTF Orlando RA San Juan Field Office JTTF Virgin Islands RA

MISC. REQ. #37

000003621

• The FBI anticipates that the level of federal, state and local participation in the JTTF Program will continue to grow during fiscal year 2004, which will result in the need for increases in the allocation of resources to reimburse state and local agencies for overtime costs and to fund rent and renovation costs required in connection with the establishment or expansion of new off-site facilities. Task force costs are categorized in two ways, overt and covert. Covert funding supports the operations of task forces while overt funding is used for the necessary administrative support. All requests for expanded JTTFs and the establishment of annexes within the respective division are reviewed and coordinated by FBI Headquarters. Coordination requires extensive efforts to ensure each JTTF has the tools and training adequate for it to complete its mission. This coordination and review ensure that only the most critical expenses and start-up costs are incurred. While the creation and maintenance of JTTFs involve a costly investment of non personnel resources, this initiative realizes qualitative and quantitative benefits in the form of improvements to interagency coordination and cooperation and the sharing of information in CT investigations. There are approximately 3,350 full-time JTTF members nationwide which include 1,793 FBI Special Agents, 811 state and local officers, and 746 members of other government agencies (OGAs). Federal participants in the JTTF Program include the Immigration and Naturalization Service (BICE); U.S. Secret Service; U.S. Department of Commerce; U.S. Department of Energy; U.S. Transportation Security Administration; Central Intelligence Agency; U.S. Environmental Protection Agency; Naval Criminal Investigative Service; U.S. Marshals Service; U.S. Customs Service (BCBP); U.S. Coast Guard; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Border Patrol; U.S. Department of State/Diplomatic Security Service; Postal Inspection Service; Internal Revenue Service; Federal Protective Service; Department of Interior's Bureau of Land Management; U.S. Nuclear Regulatory Commission; U.S. Capitol Police; Federal Bureau of Prisons; Air Force Office of Special Investigations; U.S. Park Police; Treasury Inspector General for Tax Administration; and the Defense Criminal Investigative Service. The JTTFs have played a critical role in many significant terrorism investigations. Examples of JTTF accomplishments include the conviction of Ramzi Yousef and Eyad Mahmoud Ismail for conspiracy in the 1993 bombing of the World Trade Center and the prevention of several acts of terrorism by members of the True Knights of the Ku Klux Klan in Wise County, Texas, in April, 1997; the July 2000 arrest of 17 individuals in Charlotte, Concord, and Lexington, North Carolina, which resulted in the dismantling of a Hizballah cell. Additional examples include the Buffalo JTTFs ' September 2002 arrest of six U.S. citizens for attending an Al-Qaeda/Usama Bin Laden (UBL) sponsored training camp in Afghanistan during Spring-Summer 2001. In October 2002, the Portland, Oregon JTTF arrested six individuals who have been charged with conspiracy to wage war with the United States and providing material support to Al-Qaeda and the Taliban. In December 2002, the North Texas JTTF from the Dallas FBI Field Office indicted five brothers, officers of INFOCOM, a computer company closely linked to the Holy Land Foundation for Relief and Development (HLFRD). The HLFRD was shut down in December 2001 as a specially designated terrorist for its links with HAMAS. These investigations would not have been successful without the interagency formation of

MISC. REQ. #37

000003622

JTTFs in the field. JTTFs are routinely utilized to coordinate the FBI's security preparations for virtually all major special events in the United States. Examples include the 2000 Presidential Nominating Conventions in Los Angeles, California, and Philadelphia, Pennsylvania; the 2002 Winter Olympics in Salt Lake City, Utah; and, recently, the 2003 NCAA Division I Basketball and Hockey Tournaments. Recently, the JTTFs played a critical role by assisting in the interview of over 10,000 Iraqis during the FBI's Iraqi Phase n project.

MISC. REQ. #37

000003623

U.S. Department of Justice Federal Bureau of Investigation Washington, D. C. 20535-0001

April 16, 2004 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100KStreet,N.W. Washington, D.C. 20036 RE: Commission's Request for Documents Dear Mr. Marcus: In response to the Commissions Request for Documents, please find the following: Documents responsive to Document Request 28-1; Documents responsive to Document Request 30-3. This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613. Sincerely,

Robert S. Sinton Assistant General Counsel

U.S. Department of Justice Federal Bureau of Investigation Washington, D. C. 20535-0001

April 21,2004 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100KStreet,N.W. Washington, D.C. 20036 RE: Commission's Request for Documents Dear Mr. Marcus: In response to the Commissions Request for Documents, please find the following: Documents responsive to Document Request 3-le; Documents responsive to Document Request 3-It; Documents responsive to Document Request 3-lv; Documents responsive to Document Request 3 Supplemental #l-a; Documents responsive to Document Request 3 Supplemental #l-b; Documents responsive to Document Request 3 Supplemental #l-f; Documents responsive to Document Request 3 Supplemental #2-e - 2 Packets; Documents responsive to Document Request 3 Supplemental #2-q; Documents responsive to Document Request 3 Supplemental #3-o; Documents responsive to Document Request 3 Supplemental #4-d; Documents responsive to Document Request 3 Supplemental #6-a; Documents responsive to Document Request 3 Supplemental #7-a; Documents responsive to Document Request 3 Supplemental #7-b; Documents responsive to Document Request 19-3; 2 VHS VideoTapes responsive to Document Request 23-4; Documents responsive to Document Request 23-4; Documents responsive to Document Request 25-2; Documents responsive to Document Request 37-6; Documents in response to Miscellaneous Request #43 [Documents In Response to Request from Commission Staffer Thomas Eldridge -How the FBI Determined the 19 Hijackers' Identities;

Daniel Marcus, General Counsel • •

Documents in response to Miscellaneous Request #44 [PENTTBOM Summary of Investigation dated February 29, 2004 -Law Enforcement Sensitive Version] Documents in response to Miscellaneous Request #45 [PENTTBOM Summary of Investigation dated February 29, 2004 -Secret Version]; Documents responsive to Document Request for ACS Material [04/16/04 for Hyun Kim]-1 Packets.

This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613. Sincerely,

n o* Assistant General Counsel

DOCUMENTS REQUESTED BY COMMISSION STAFFER THOMAS ELDRIDGE HOW FBI DETERMINED THE 19 HIJACKERS'S IDENTITIES

ML

RESPONSIVE to !ELLANEOUS REQUEST from COMMISSION

COMMISSION COPY

PENTTBOM Travel Documents Travel documents provided by U.S. Immigration, U.S. Customs and Department of State identifying the hijackers requesting entry to.the United States and entering the United States. A copy of all available travel documents such as visa applications, photocopies of available passports, I-94's and Customs forms were previously provided to the "Commission." The travel documents of the hijackers have also been scanned into the "Concordance" system. Hijacked Flights

Identified names of all individuals onboard the four hijacked flights using flight manifests. (Flight manifests for hijacked flights scanned into "Concordance" and information related to manifests can be located on ACS, 315N-NY-280350-302, Serial 7134. Note: information concerning Saeed Alghamdi in Serial 7134 is incorrect.) American Airlines Flight 11, Flight Attendants Betty Ong and Madeline (Amy) Sweeney contacted American Airlines via phone and identified the seat numbers assigned to the hijackers: Betty Ong identified hijackers in seats 2A, 2B and 10B; Seat 2A was assigned to Wail Al-Shehri Seat 2B was assigned to Waleed Al-Shehri Seat 10B was assigned to Satam Al-Suqami Madeline (Amy) Sweeney identified hijackers as being in seats 10B, 9C or 9D and 9G; Seat 9C unoccupied (note that Mohamed Atta was assigned seat 8D) Seat 9D unoccupied (note that Abdul Aziz Alomari was in seat 8G) Seat 10B was assigned to Satam Al-Suqami (ACS 315-NY-280350-CE 1021 and 302-57614) Obtained identifying information from the airline passenger name records and flight booking information. (Passenger name records scanned into Concordance.) PENTTBOM compared the names and identifying information of the hijackers to information from Customs and INS when these individuals entered the United States. The information matched. (Travel documentation scanned into Concordance.) PENTTBOM compared the recovered identity documents (passport, etc) from the crime scenes. These documents matched the flight manifest records and the INS/Customs records. (Recovered

MISC REQ #4£

000003842

identity documents can be located on the PENTTBOM Photo Database by Laboratory numbers: K75, K77, K78, K80, K84, Kl 17, Kl 18, K139, K400, K752, K791, K792, K1037, K2396, K2446, K2447, K2514, K2574, K2579, K2887, K2888, K2893, K2894, K2895, K2904, K2905, K2907, K2913, K2944, K3128, K3774, K3782, Ql, Q2, Q3, Q7, Q19, Q165, Q166, Q169, Q409, Q568, Q1109andQ1110.) Requested the governments of Saudi Arabia, United Arab Emirates, Lebanon and Egypt to contact the hijackers families, show photographs of the hijackers to family members and interview family members. (Search following subfiles and serials in the File 315N-NY-280350: CZ - 385; RY - 69; RY - 149; RY - 160; RY - 210; RY - 408; RY - 809; MAIN - 5327; MAIN (Secret) - 27774.) DNA

United Airlines Flight 93 had a crew of seven (7) and thirty seven (37) passengers. The seven (7) crew members and thirty three (33) passengers have been identified by DNA. Four (4) sets of unknown human remains have not been identified. Next of kin for Ziad Jarrah, Saeed Al-Ghamdi, Ahmed AlNami and Ahmed Al-Haznawi have not provided DNA samples for comparison. The Bundeskriminalamt (BKA - German Federal Police) provided DNA profiles obtained from search warrants conducted on Ziad Jarrah's girlfriend (Aysel Sengun) residence. The FBI Laboratory compared the DNA profiles provided by the BKA, with DNA profiles from the four sets of unknown human remains recovered at the crash site of UAL Flight 93. The DNA profiles provided by the BKA matched the sample of one of the sets of unknown human remains. (ACS 315N-NY-280350-OUT, Serial 4417.) American Airlines Flight 77 had a crew of six (6) and fifty eight passengers (58), including the five (5) hijackers. Remains of all six (6) crew members and fifty two (52) passengers were recovered from the Pentagon crash site and positively identified (the 53rd passenger was a child and no remains were recovered.) Five sets of recovered human remains have not been identified and do not match reference DNA profiles of any of the victims. Two (2) sets of these unidentified human remains were determined to be biologically related. Next of kin for Hani Hanjour, Khalid Al-Mihdhar, Majed Moqed, Nawaf AlHazmi and Salem Al-Hazmi have not provided DNA samples for comparison. The total number of victims at the World Trade Center stands at 2749. This number is comprised of: 1538 victims identified based upon physical remains, 1208 on the basis of a death certificate issued after sufficient evidence was submitted to a state court that the person was at the World Trade Center or on one of the airplanes, and three people who died outside New York City from injuries received in the attack. To date the next of kin for Mohamed Atta, Satam Al-Suqami, Waleed Al-Shehri, Wail AlShehri, Abdulaziz Al-Omari, Marwan Al-Shehhi, Fayez Banihammad, Ahmed Al-Ghamdi, Hamza AlGhamdi and Mohand Al-Shehri have not provided DNA samples for comparison.

MISC REQ #43

000003843

U.S. Department of Justice Federal Bureau of Investigation Washington, D. C. 20535-0001

May 11,2004 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100KStreet,N.W. Washington, D.C. 20036 RE: Commission's Request for Documents Dear Mr. Marcus: In response to the Commissions Request for Documents, please find the following: Documents responsive to Document Request 26-1; ~ . ,i » Documents responsive to Document Request 43-1 & 43-2; r^" /^i^«^o Documents responsive to Document Request for ACS Material [05/06/04 for Raj De]. This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613. Sincerely,

Robert S. Sinton Assistant General Counsel

U.S. Department of Justice Federal Bureau of Investigation Washington, D. C. 20535-0001

June 15,2004 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100KStreet,N.W. Washington, D.C. 20036 RE: Commission's Request for Documents Dear Mr. Marcus: In response to the Commissions Request for Documents, please find the following: • • • • •

Documents responsive to Document Request 2-5; Documents responsive to Document Request 10-la; Documents responsive to Document Request 38-1 - 2 Packets; Documents responsive to Document Request 46-1; Documents responsive to Document Request 46-8.

This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613. Sincerely,

Roberts. Sinton' Assistant General Counsel

U.S. Department of Justice Federal Bureau of Investigation Washington, D. C. 20535-0001

June 17,2004 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100KStreet,N.W. Washington, D.C. 20036 RE: Commission's Request for Documents Dear Mr. Marcus:

In response to the Commissions Request for Documents, please find folio whig: Documents responsive to Document Request 22-3; Documents responsive to Document Request 34-3; Documents responsive to Document Request 35-13 -9 Packets; Documents responsive to Document Request 38-1 - 2 Packets. This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613. Sincerely,

Robert S. Sinton Assistant General Counsel

U.S. Department of Justice

Federal Bureau of Investigation

Washington, D. C. 20535-0001

July 1,2004 Daniel Marcus, General Counsel National Commission on Terrorist Attacks Upon the United States Suite 300 2100KStreet,N.W. Washington, D.C. 20036 RE: Commission's Request for Documents Dear Mr. Marcus: In response to the Commissions Request for Documents, please find the following: Documents responsive to Document Request 35-13; Documents in response to Miscellaneous Request #59: [Documents In Response to Request from Commission Staffer Thomas Eldridge -Documents Related to Saudi Arabian Airlines Flight from Newark Airport This is part of the FBI's rolling production and thus may be supplemented in the future. Should you have any questions, please do not hesitate to contact me at 202-324-9613. Sincerel

Robert S. Sinton ' Assistant General Counsel