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Thomas H. Kean CHAIR Lee H. Hamilton VICE CHAIR Richard Ben-Veniste Max Cleland Frederick F.

Fielding Jamie S. Gore lick Slade Gorton John F. Lehman Timothy J. Roemer James R. Thompson

August 14, 2003 The Honorable C.W. Bill Young Chairman Committee on Appropriations H-218TheCapitoK Washington DC 20525-6015 Dear Mr. Chairman: In accordance with Section 604 (a)(l)(B)(vii) of Public Law 107-306, the National Commission on Terrorist Attacks Upon the United States (the "Commission") has a responsibility to investigate "relevant facts and circumstances relating to the terrorist attacks of September 11, 2001," including "the role of congressional oversight and resource allocation." The Commission respectfully requests the House Appropriations Committee (HAC) to provide the Commission with copies of the following documents by September 2, 2003: 1. Classified Annexes to the House Appropriations bills regarding intelligence and intelligence related activities from 1990 to 2003. 2. Letters of approval/disapproval to the DCI on reprogramming requests, supplemental funding requests or requests for releases from the CIA reserve for contingencies regarding counterterrorism activities from 1990 to 2003. 3. Classified Annexes to the House Supplemental Appropriations Jaills for the Department of Defense or the National Foreign Intelligence Program for fiscal year 1990 through 2D03. 4. Classified Annexes to any Conference Report for supplemental funding relating to the National Foreign Intelligence Program or counterterrorism activities for fiscal year 1995 through fiscal year 2003. 5. Correspondence between the Committee and the DCI, Secretary of Defense, Secretary of State, or the Secretary of Treasury regarding the execution of the Administration's counterterrorism policy or programs from 1990 to 2003.

Philio D. Zeliko*
F ^IVE DIRECTOR

301 7'h Street SW, Room 5125 Washington, DC 20407 T 202.33 1 .4060 F 202.296.5545
1 rnmmission.POV

The Honorable C.W. Bill Young August 14, 2003 Page 2

that the documents requested above be provided as 6Ven thouSh a11 requested documents may not be nrnv- H ^ ' provided at the same time, through means of a "rolling- production.
d°JCUments

Coif,miSSlon re<?uests ,

*« w«hheld from production, the Commission

with you

^ SUCh d°CUments- so that we maydiscuss the matter

If you have any questions or concerns about the interpretation or scope of mese document requests, the Commission requests that you contact General can h £** f CUS (331-4065) * ^on as possible so that any such issues can be addressed and resolved. With best regards,

Thomas H. Kean Chair
cc : The Honorable David Obey Ranking Member

Lee H. Hamilton Vice Chair

Thomas H. Kean CHAIR Lee H. Hamilton VICE CHAIR Richard Ben-Veniste Max Cleland Frederick F. Fielding Jamie S. Gorelick Slade Gorton John F. Lehman Timochy J. Roemer James R. Thompson

August 14, 2003

The Honorable Ted Stevens Chairman Committee on Appropriations S-128 The Capitol Washington, DC 20510-6025 Dear Mr. Chairman: In accordance with Section 604 (a)(l)(B)(vii) of Public Law 107-306, the National Commission on Terrorist Attacks Upon the United States (the "Commission") has a responsibility to investigate "relevant facts and circumstances relating to the terrorist attacks of September 11, 2001," including "the role of congressional oversight and resource allocation." The Commission respectfully requests the Senate Appropriations Committee (SAC) to provide the Commission with copies of the following documents by September 2, 2003: 1. Classified Annexes to the Senate Appropriations Bill regarding the National Foreign Intelligence Program and intelligence related activities from 1990 to 2003. 2. Classified Annexes to the Senate Supplemental Bills for the National Foreign Intelligence Program for counterterrorism activities from fiscal year 1990 through 2003. 3. Classified Annexes to any Conference Report for supplemental-ending relating to the National Foreign Intelligence Program or counterterrorism activities for fiscal year 1995 through fiscal year 2003. 4. Letters of approval/disapproval to the DCI regarding reprogramming requests, supplemental funding requests or requests for releases from the CIA reserve for contingencies regarding counterterrorism activities from 1990 to 2003. 5. Correspondence between the Committee and the DCI, Secretary of Defense, Secretary of State, or Secretary of Treasury regarding counterterrorism activities from 1990 to 2003.

Philip D. Zelikow
1IVE DIRECTOR

301 7lh Street SW, Room 5i; Washington, DC 20407 T 202.331.4060 F202.296.5f www.9-1 lcommission.gov

The Honorable Ted Stevens August 14, 2003 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, the Commission requests that you identify such documents, so that we may discuss the matter further. If you have any questions or concerns about the interpretation or scope of these document requests, the Commission requests that you contact General Counsel Dan Marcus (331-4065) as soon as possible so that any such issues can be addressed and resolved. With best regards,

Thomas H. Kean Chair cc: The Honorable Robert C. Byrd Ranking Member

Lee H. Hamilton Vice Chair

Thomas H. Kean CHAIR Lee H. Hamilton VICE CHAIR Richard Ben-Veniste Max Cleland Frederick F. Fielding Jamie S. Gorelick Slade Gorton John F. Lehman Timothy J. Roemer James R. Thompson

August 12, 2003 The Honorable Porter J. Goss Chairman Permanent Select Committee on Intelligence H-405 The Capitol Washington, DC 20515-6415 Dear Mr. Chairman: In accordance with Section 604 (a)(l)(B)(vii) of Public Law 107-306, the National Commission on Terrorist Attacks Upon the United States (the "Commission") has the responsibility to investigate "relevant facts and circumstances relating to the terrorist attacks of September 11, 2001," including "the role of congressional oversight and resource allocation." The Commission respectfully requests the Permanent Select Committee on Intelligence (HPSCI) to provide the Commission with copies of the following documents by September 2, 2003: 1. Letters of approval/disapproval to the DCI or Secretary of Defense regarding reprogramming requests, supplemental funding requests or requests for releases from the CIA reserve for contingencies regarding counterterrorism activities from 1990 to 2003. 2. Correspondence from 1990 to 2003 between the HPSCI and the DCI, Secretary of Defense, Secretary of State, and Secretary of Treasury regarding the Intelligence Community's counterterrorism efforts, including efforts against UBL, al Qa'ida, terrorist finaaeirig networks, and efforts with foreign partners to collect intelligence on terrorist targets. 3. A list—including date, specific subject, witnesses, and member participation—of all Committee hearings from 1995 through 2003. Please identify those that specifically focused on the Intelligence Community's counterterrorism efforts. Please provide access to the transcripts of these counterterrorism hearings. 4. Reports from staff and member investigations or audits from 1995 to 2001 into the effectiveness of the Intelligence Community's counterterrorism efforts; the effectiveness of CIA's human source collection efforts; the effectiveness of NSA's signals intelligence efforts.
301 7lh Street SW, Room 5125 Washington, DC 20407 T 202.331.4060 F 202.296.5545 www.9-llcommission.gov

Philip D. Zelikow EXECUTIVE DIRECTOR

The Honorable Porter J. Goss August 12,2003 Page 2

5. Correspondence by the HPSCI (and House leadership through HPSCI channels) with the DCI, Secretary of Defense, Secretary of State from 1995 to 2003 regarding the conduct of the Administration's counterterrorism efforts and the effectiveness of intelligence efforts. 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, the Commission requests that you identify such documents, so that we may discuss the matter with you further. If you have any questions or concerns about the interpretation or scope of these document requests, please contact General Counsel Dan Marcus (3314065) as soon as possible so that any such issues can be addressed and resolved. With best regards,

Thomas H. Kean Chair cc: The Honorable Jane Harman Ranking Member

Lee H. Hamilton Vice Chair

IUL u i - i o rn nouse i n t e l l i g e n c e
PORTER J. GOSS. FLORIDA, CHAIRMAN DOLGLAS K. BEREUT6R. NEBRASKA. VICE CHAIRMAN SncflwOODL. eOenLERT, NEW YORK JIM SI8BONS NtVAOA RAY UHOOD. ILLINOIS RANGY "DUKE" CUNNINGHAM. CALIFORNIA

NU.
ROOM H.. 403, U.S. CAMTOL IJ03I J25-11J! PATRICK B. MURRAY. STAFF DIRECTOR L, CHRISTINA HEALEY. DEMOCRATIC COUNSEL

fflf» nOEKSTRA. MICHIGAN RICHARD M OURR. NORTH CAROLINA TERRY EVERETT. ALABAMA ELTON GALLECLY, CALIFORNIA MAC COLLINS. OEORSIA JAMC HARMAN. CALEDONIA. HANKING DEMOCRAT ALCEE HASTINGS. FLORIDA SILVESTRE REYES. TEXAS LEONARD L BOS WELL. IOWA COLL1N C. PETERSON. MINNESOTA ROBERT Ei IBUOI CRAMER. JR . ALABAMA ANNA G. KUDO. CALIFORNIA RUSH D HOLT. NEW JERSEY C.A. DUTCH nUPPERSBEKQER. MARYLAND EK-OFEICID MCMMM:
J. DENNIS HASTERT. SPEAKER NANCY PELOSI. DEMOCRATIC LEADER

U.S. HOUSE OF REPRESENTATIVES
PERMANENT SELECT COMMITTEE ON INTELLIGENCE WASHINGTON, DC 20515-6415

August 1,2003

The Honorable George J. Tenet Director of Central Intelligence Washington, DC 20505 Dear Mr. Director: The Chairman, and his Vice Chair, of the National Commission on Terrorist Attacks Upon the United States wrote asking the House Permanent Select Committee on Intelligence (HPSCI) to advise the Central Intelligence Agency (CIA) that the HPSCI has no objection to the CIA making available to appropriate National Commission staff the classified annexes and classified schedules of authorizations relating to the Intelligence Authorization Acts for Fiscal Years 1990 through 2003. Likewise, the National Commission has requested access to the classified annexes to any conference report for supplemental funding relating to the National Foreign Intelligence Program or counterterrorism activities for fiscal years 1995 through 2003. It is the Chairman's view, after consultation with committee counsel, that the requested documents associated with the Intelligence Authorization Acts for Fiscal Years 1990 through 2003 are annexes to official legislative actions taken by the Congress, albeit classified. As such, the Chairman has no objection to making the requested documents available to persons with the required clearances, and under such security procedures and guidelines as the CIA deems appropriate, given the nature and sensitivity of the information contained therein. With respect to the classified annexes to the conference report for supplemental funding, the HPSCI is not the appropriate committee from which to seek relief for those documents. We would suggest that the National Commission be directed to the Defense Subcommittee of the Committee on Appropriations in the House for such access to those documents. The Chairman appreciates your consideration of the Committee's equities relating to the requested documents. A copy of this letter will be provided to the National Commission.

cc:

The Honorable Jane Harman HPSCI Ranking Minority Member The Honorable Thomas H. Kean Chairman, National Commission on Terrorist Attacks Upon the United States