T2 B22 Working Drafts of Document Requests 2 of 2 Fdr- 6-18-03 Draft DOD Document Request 4- Merges Team 3 and Team 2 Requests- With Team 2 Comments 804

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J

Unclassified

-

Commission Sensitive

This

draft

merges Team

3 and

Team

2 requests.

Draft:

June

17,

2003

Department

of

Defense Document Request

No. 4

The National Commission on Terrorist Attacks Upon the United States (the "Commission")requeststhat the U.S. Department of Defense (the

"respondent")

provide the Commission withcopies of the following documents no later than

2003,

(the "production

date"):

Policy- and Military Operations-related

Documents

1.

Documents preparedorcompiledby the

Office

of theSecretaryofDefense (OSD)

and/or

theJoint Chiefsof

Staff

(JCS)forreviewor use by theSecretaryofDefense

and/or

the Deputy Secretary of Defense

and/or

their designee inpreparation for or to be presented in Principals' or Deputies' Committee meetings

on

counterterrorism, particularly related

to

Al-Qa'ida,

Usama bin

Ladin

("UBL"

hereafter), the

Northern Alliance

and/or the

Taliban,

from

January

1,

1998 throughDecember 31,

2001.

Topics of interest include, but are not limited to, the

following:

(a)

OSD and JCSstrategy papers, options papersandrecommendation papers;(b)

OSD and JCS

views

on the

desirability,

efficacy,

and risks of any

militaryoperations discussed; any agendas for the above mentioned meetings, or notestaken atthemby OSD and JCSrepresentatives, including summariesandconclusionsreached; and guidance provided to OSD and JCS by Principals orDeputies at these meetings;

(c)

Deliberations

on the

range

of

military

responses

considered

after

the

1998East Africa embassy bombings, including the August 20, 1998 U.S. missilestrikesinSudanandAfghanistan, includinganyafter-action reports;

(d)

Deliberations

from

1998-2001 regarding the use or possible use of groundtroops and/or commandos in Afghanistan; including deliberations regardingbases needed or changes in military readiness, posture or capabilities that

would

enable

use of

ground troops

in

Afghanistan,

or

actions undertaken withrespectto any ofthese;

(e)

Deliberations regarding 1998-2001 attempts to target UBL and/or other seniorAl-Qa'idaleaders,

including

discussions

of the use of

cruise missile attacks;

Unclassified

Commission Sensitive

Unclassified

-Commission

Sensitive

(f)

Deliberations regarding

the use of

Special Operations

and Low

Intensity

Conflict

(SOLIC)

forces against

UBL and

Al-Qa'ida;

(h)

Discussions

on JCS

proposals

for

disinformation

operations

in

Afghanistan;

(i)

Deliberations regarding

the use of

overt/covert

force

in

Sudan

and

Afghanistanfrom

January 1, 1991 to September 21, 2001, including preparatory orders;

(j)

Considerations

of

military retaliatory measures

after

the

October

12,

2000

attack on the

U.S.S.

Cole,

including OSD and JCS recommendations;(k)

Deliberations

leading

to the May

2001

decision

to

raise

the

threat condition

of

U.S.

troops

in the

Gulf

to

Delta,

and the

July 2001 decision

to

lower that alertlevel;

(1)

Documents related

to OSD and JCS

participation

in the

2001 interagencyreview of the arming of proxy forces to fight

al-Qa'ida,

and/or

support for

Northern

Alliance.

The

above documents should include internal briefing documents that were presented

to the

Secretary

of

Defense

and

Director

of JCS in

preparation

for

Principals'Committee and Deputies Committee meetings;

2.

Copies

of any

military plans

or

operations and/or related papers presented

to the

"Small

Group"

by OSD and JCS

concerning

Al-Qa'ida,

UBL

and/or

the

Taliban, from

January

1,

1998

to

September

20,

2001, including

any

notes taken

by OSD and JCS

representatives

at

these meetings, conclusions reached,

and

actions taken followingthese meetings;

3.

File

used

by

Lieutenant

General

Gregory Newbold, former

Director

of

Operations

(J-3)

of the

Joint

Staff,

when interviewed

by the

Joint Inquiry

Staff,

including

the

strategy"

he

referred

to in

this interview;4. Strategy papers, option papers, or recommendations papers prepared by CINCSOC

for

the

Secretary

of

Defense and/or Chairman

of JCS

regarding

the use and

readiness

of

JSOC forces against

the

Al-Qa'ida presence

in

Afghanistan

or

other countries

from

January

1, 1998

-December

31,

2001;

5.

Documents prepared

by OSD and JCS for OSD and JCS

briefings

on

terrorism,

specifically

al-Qa'ida, UBL, Afghanistan,

the

Northern Alliance

and/or the

Taliban,

during

the

transition

from

the

Clinton administration

to the

Bush administration,

2000-01,

including

written conclusions

from

these meetings;

2

Unclassified

-

Commission Sensitive

Unclassified -

Commission Sensitive

6.

Documents related

to OSD

and/or

JCS

views

on

moving

the

Fifth

Fleet

out of its

harbor

in

Bahrain

in

June

2001;

7. OSD

Annual Congressional Budget

Justification

Books

for

fiscal

years

1998

through

2001.

DoD

Intelligence-related Documents

1.

The

intelligence annex

to the

Ballistic

Missile

Defense Commission report,which Secretary Rumsfeld

often

references regardinghisviewson theorganization, structure and

effectiveness

of the Intelligence Community;2. Documents related to the establishment of the Undersecretary of Defense forIntelligence, particularly

any

documents relating

to (a) the

Undersecretary'sauthorities with

respect

to the

Director

of

Central Intelligence

(DCI),

(b)

oversight of National Foreign Intelligence programs, (c) budget formulationresponsibilities, (d) financial execution responsibilities, and (e) the establishment

of

intelligence priorities withintheDepartmentofDefense;3. Documents produced by OSD or the JCS

from

January

1,

1990

to September 20,the following:

,u»

(a)

Management

of

DoD'

s

intelligence

components!

k^

<t

^

t

"T.

/

/

(b)

The

relationship between

DoD and the

DCI; pMi/*»

v/

(c)

DoD

s

intelligence priorities, including

the

need

for

intelligence support

for

/

military operations;

and(d)

DoD's

intelligence

requirements concerning

counterterrorism

and

force

protection'

4. Correspondence

from

the Secretary of Defense

notifying

Congress of his intent to

transfer,

reprogram,

or

seek

supplemental

funds

forcounterterrorismorforceprotection within the Department of Defense and the Intelligence Community

from

January

1,

1990

to the

present;

r*ft>

5.

Correspondence between

OSD or the JCS and the DCI

on'

theconduct

and

effectiveness

ofcounterterrorism intelligence collectionand

reporting,;

future

terrorist threats to the United

States,

voverseas

force protection

from

terrorist

threats

and.warningof

terrorist attacks

from

January

1,

1990

to the

present;The dates and agendas of meetings between the Secretary of Defense or DeputySecretary

of

Defense

and the

DCI,

and any

supporting material concerning

counterterrorism or

management

of the

intelligence community

from

January

1

,

3

Unclassified

-Commission Sensitive

of 00

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