You are on page 1of 31

Thomas H. Kean DHS DOCUMENT REQUEST NO.

1
CHAIR

Lee H. Hamilton
VICE CHAIR The National Commission on Terrorist Attacks Upon the United States (the
Richard Ben-Veniste "Commission") requests that the U.S. Department of Homeland Security (DHS
or the "respondent") provide the Commission with copies of the following
Max Cleland documents no later than August 6, 2003 (the "production date"):
Fred F. Fielding
Documents related to 9/11/01:
Jamie S. Gorclick

Slade Gorton 1. Joint Inquiry. All materials provided by the Immigration and
Naturalization Service (INS) and the Customs Service to the Joint
John Lehman
Inquiry.
Timothy J. Roemer
2. 9/11 hijackers.
James R. Thompson
a. All documents and electronic information regarding the nineteen
Philip D. Zelikow September 11 hijackers, including all immigration, customs, and
EXECUTIVE DIRECTOR
"advanced passenger list" or manifest information; any primary or
secondary inspection reports; change of status applications; and U.S.
identification numbers and cards used, sought or obtained.
b. Texas Service Center Enforcement Operations Division, 9-11
Terrorist Review.

3. "Operation Safe Passage." All documents describing and/or


evaluating Operation Safe Passage, including staffing levels by port of
entry and border patrol sector, to or from the INS Commissioner, Deputy
Commissioner, or National Security Unit director, or persons acting in
these capacities, from 9/11/01 through 9/20/01.

4. Immediate aftermath communications. Documents setting forth


communications regarding border security policy and procedures for the
time period from 9/11/01 through 9/20/01, and information sufficient to
describe current policy on these topics:
a. to the INS or Customs Commissioners from the Executive Office of
the President, Attorney General, Secretary of the Treasury, Secretary
of Defense, Secretary of State, or other cabinet-level department or
agency heads, or persons acting in these capacities;
b. from the INS or Customs Commissioners, or persons acting in these
capacities, to the regional or district directors offices in charge of
pre-inspection and pre-clearance sites, ports of entry, border patrol,
and internal enforcement offices; and
c. from the INS or Customs Commissioners, or persons acting in these
capacities, to overseas office directors.
TEL (202) 331-4060
FAX (202) 296-5545
http://www.9-llcommission.gov
DHS Document Request No. 1
Page 2

f
5. National Security Unit directives. All operations orders or directives issued by the INS
National Security Unit from 9/11/01 through 9/20/01.

6. Maintenance of documents regarding the 9/11 hijackers. All orders or directives issued
by INS on maintaining and collecting information and documents regarding the nineteen
September 11 hijackers.

7. Memoranda of Understanding. All Memoranda of Understanding or Agreement among


the INS, Treasury Department, and Department of Defense in regard to the Defense
Department providing national guard assistance in monitoring and securing the northern
and/or southern border.

INS Organization and Counterterrorism Budget

8. Organization charts. INS organizational charts for each of the years 1995 through 2002,
including names of personnel at the level of Deputy Executive Associate Commissioner or
Border Patrol Chief and above, and dates of incumbency.

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

10. Counterterrorism budget submissions to Congress. Excerpts of narrative summaries of


agency Congressional budget and appropriations presentation documents which
specifically refer to "national security," "Counterterrorism," "antiterrorism," or "terrorism"
for INS from 1995 through 2001.

11. Congressional policy inquiries received by the INS Commissioner, or persons acting in
these capacities, or the INS Congressional relations offices, and responses thereto, which
specifically refer to "Counterterrorism," "antiterrorism," or "terrorism," from 1995 through
September 11, 2001, from:
a. U.S. Senators; and
b. U.S. House of Representatives leadership, chairmen or ranking members of House
of Representatives committees, select committees, or subcommittees, and letters
from groups of members.
DHS Document Request No. 1
; 5age 3

INS Counterterrorism Policy

12. Memoranda to senior officials. Policy statements on counterterrorism to the Attorney


General and Deputy Attorney General, the Secretary of State, the Secretary of the
Treasury, and to other executive branch agencies, including the Executive Office of the
President, from the office of the INS Commissioner, Deputy Commissioner, or Executive
Associate Commissioner, or persons acting in these capacities, from June 1995 through
September 20, 2001.

13. Management directives. Counterterrorism policy directives provided to INS personnel


from the INS Commissioner, Deputy Commissioner, Executive Associate Commissioner,
or Deputy Executive Associate Commissioner from 1995 through September 20, 2001.

14. Reports to management. Internal reports or memoranda to the INS Commissioner or


Deputy Commissioner on INS activities, proposals, programs, or task forces from 1990
through September 20, 2001, that specifically refer to a subject matter within such report
or memoranda as relating to "counterterrorism," "antiterrorism," "terrorism," or
"terrorist."

15. PDD-39. INS communications directing or reporting on follow-up actions relating to


PDD-39.

16. INS and Customs cooperation on inspections. Memoranda of Understanding and


agreements between Customs and INS on the port of entry inspection process, from 1995
through September 20, 2001.

Watchlist and Intelligence Functions

17. Watchlist information sharing.


a. Agreements among INS, Customs, and the Department of State on watchlist
information sharing, including the June 1991 and 1995 TIPOFF agreements, and any
subsequent amendments thereto.
b. Name and title of the 24 hour duty officer for TIPOFF at INS headquarters from 1991
through September 20, 2001.
c. Agreements on intelligence sharing on watchlists and terrorists among CIA, DIA, NSA,
State Department, the FBI, and INS from 1995 through September 20, 2001.

Counterterrorism Programs and Activities

18. Jamal Mohamed al Khalifa. Interrogation transcripts, notes, reports, and finished
analysis of Khalifa while in detention in 1995.
DHS Document Request No. 1
Page 4
V

19. Pre-inspections and pre-clearance. Agreements pertaining to overseas pre-inspections


and pre-clearance between foreign authorities, the Department of State, and the
INS/Department of Justice, from 1995 through September 20, 2001, and any agreements
currently in effect.

20. Student tracking. The following information relating to the student tracking programs
(CIPRIS and SEVIS), from 1994 to March 2003:
a. Memoranda and correspondence from the Deputy Commissioner and Commissioner's
offices to the Deputy Attorney General;
b. Memoranda and correspondence which contain general policy or program information
between the Commissioner or Directorate offices and the managers and staff
responsible for overseeing, developing, and implementing the programs;
c. Reports (e.g., "Controls Governing Foreign Students: and Schools That Admit Them.
Final Report by the Task Force on Foreign Student Controls," INS, Dec. 22, 1995),
findings, and charts, including program characteristics;
d. Congressional correspondence that specifically refer to "CIPRIS" or "SEVIS," and
INS/DHS responses to such correspondence;
e. Correspondence from and responses to the American Council on Education and
NAFSA: Association of International Educators; and
f. Documents summarizing program characteristics and/or applications.

21. Alien smuggling measures and enforcement relating to terrorism.


a. Reports which refer to the alien smuggling of terrorists or persons suspected of terrorist
affiliations, from 1995 through September 20, 2001.
b. Documents summarizing alien smuggling programs which target, at least in part,
terrorists or persons suspected of terrorist affiliations, including interagency activity,
from 1995 through September 20, 2001.

22. INS immigration-related anti-fraud measures and enforcement relating to terrorists.


a. INS reports which refer to fraud associated with terrorists or terrorist affiliated activity,
from 1995 through September 20, 2001.
b. Documents sufficient to describe major immigration-related anti-fraud programs,
including interagency activity, from 1995 through September 20, 2001.

23. Terrorists referred to secondary inspection. Reports of instances of persons suspected


of al Qaeda-related terrorist affiliations, other than the nineteen 9/11 hijackers, being
referred to secondary inspection at pre-inspection sites, land borders, and ports of entry,
and the disposition of such cases, from 1995 through September 20, 2001.

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

If any requested documents are withheld from production, even temporarily, based on an alleged
claim of privilege or for any other reason, the Commission requests that the respondent, as soon as
DHS Document Request No. 1
Page 5
V

possible and in no event later than the production date, identify and describe each such document
or class of documents, as well as the alleged basis for not producing it, with sufficient specificity to
allow a meaningful challenge to any such withholding.

If the respondent does not have possession, custody or control of any requested documents but has
information about where such documents may be located, the Commission requests that the
respondent provide such information as soon as possible and in no event later than the production
date.

If the respondent has any questions or concerns about the interpretation or scope of these document
requests, the Commission requests that any such questions or concerns be raised with the
Commission as soon as possible so that any such issues can be addressed and resolved prior to the
production date.

July 23, 2003 Daniel Marcus


General Counsel
,nne Accolla
sdunne@9-11commission.gov
nt: Wednesday, July 23, 2003 3:28 PM
j: lucy.clark@dhs.gov; Daniel.Brown@dhs.gov
Cc: matthew.zabel@usdoj.gov; dmarcus@9-11commission.gov; team5@9-11commission.gov;
dcampagna@9-11commission.gov
Subject: DHS document request no. 1

DHS document
request no l.doc...
Lucy and Dan: Attached as a Word document is DHS document request no. 1.
Please call Janice Kephart-Roberts at 202-401-1705 with any questions about
this request and to arrange for production. Feel free to call Dan Marcus or me
as well if any issues arise. Thanks. Steve
Thomas H. Kean DBS DOCUMENT REQUEST NO. 2
CHAIR

Lee H. Hamilton
VICE CHAIR The National Commission on Terrorist Attacks Upon the United States ("the
Richard Ben-Veniste
Commission") requests that the Department of Homeland Security (DHS or the
"respondent") provide the Commission with copies of the following documents
Max Cleland no later than September 22, 2003:
Fred F. Fielding
1. All documents relating to the immigration status of the following
Jamie S. Gorelick individuals and any attempts by these individuals to enter the United
Slade Gorton States or to obtain U.S. identification numbers or documents, including
information relating to these individuals contained in computer databases
John Lehman
such as TECS, NAILS, IBIS, MIS, 1-94, ISSA, APIS, Resmon, CLAIMS,
Timothy J. Roemer SEVIS, NSEERS, and TIPOFF:
James R. Thompson a. Abderraouf Jdey
b. Julaybib al-Ghamdi
Philip D. Zelikow c. Muhammad al-Qahtani
EXECUTIVE DIRECTOR d. Mushabib al-Hamlan
e. Qutaybah al-Najdi
f. Ramzi Binalshibh
g. Sa'ad al-Baluchi
h. Sa'id Abdallah Sa'id al-Ghamdi
i. Saud al-Rashid
j. Zakaria Essabar
k. Zuhair al-Thubaiti

The Commission will provide further identifying information regarding these


individuals upon request.

The Commission requests that the documents requested above be provided as


soon as they are available, even though all requested documents may not be
provided at the same time, thorough means of a "rolling" production.

If any requested documents are withheld from production, even temporarily,


based on an alleged claim of privilege or for any other reason, the Commission
requests that the respondent, as soon as possible and in no event later than the
production date, identify and describe each such document or class of
documents, as well as the alleged basis for not producing it, with sufficient
specificity to allow a meaningful challenge to any such withholding.

If the respondent does not have possession, custody or control of any requested
documents but has information about where such documents may be located, the
Commission requests that the respondent provide such information to the
TEL (202) 331-4060
FAX (202) 296-5545
www.9-11 commission.gov
DHS Document Request No. 2
Page 2

Commission as soon as possible and in no event later than the production date.

If the respondent has any questions or concerns about the interpretation or scope
of these document requests, the Commission requests that any such questions or
concerns be raised with the Commission as soon as possible so that any such
issues can be addressed and resolved prior to the production date.

September 8, 2003 Daniel Marcus


General Counsel
voanne Accolla
sdunne@9-11 commission.gov
Sent: Monday, September 08, 2003 5:06 PM
To: John.Mitnick@dhs.gov; Daniel.Brown@dhs.gov
Cc: matthew.zabel@usdoj.gov; dmarcus@9-11commission.gov; dcampagna@9-
11commission.gov; team5@9-11commission.gov
Subject: DHS document request no. 2

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

Thomas H. Kean DBS DOCUMENT REQUEST NO. 3


CHAIR

Lee H. Hamilton
VICE CHAIR The National Commission on Terrorist Attacks Upon the United States ("the
Richard Ben-Veniste
Commission") requests that the Department of Homeland Security (DHS or the
"respondent") provide the Commission with copies of the following materials
Max Cleland no later than November 4, 2003 (the "production date"):
Fred F. Fielding
1. The Alien file ("A file") for the following individuals:
Jamie S. Gorelick a. Khalid Sheikh Mohammed, aka AAbdulrahman A. A. Al Ghamdi,
Slade Gorton aka Abi Abd al-Rahman al-Faqasi al Ghamdi
b. Walid bin Attash, aka Khallad, aka Salah Saeed Mohammed
John Lehman Yousef, aka Salah Mohammad Salah Yousef (Country of origin:
Timothy J. Roemer Yemen)
c. Al Aziz Ali, aka Ammar al-Baluchi
James R. Thompson
d. Agus Budiman
e. Mohammed bin Nasser Belfas
Philip D. Zelikow f. Omar al-Bayoumi
EXECUTIVE DIRECTOR
g. Mohdhar Abdullah
h. DiahThabet
i. Anwar Aulaqi
j. Eyad al-Rababah
k. Rayed Abdullah
1. Bandar al-Hazmi
m. Jabed al-Thukair
n. Abdul Shorabi, aka Abdul Mohammed Abdul Anam Suhail
Barkat, aka abu Bar'a al-Ta'izi (country of origin: Yemen)
o. Adnan Abdullah Jarrah
p. Hamdan Bin Gharib Abdullah Al-Shalawi

The Commission further requests that documents requested above be provided as


soon as they are available, even though all requested documents may not be
provided at the same time, thorough means of a "rolling" production.

If any requested documents are withheld from production, even temporarily,


based on an alleged claim of privilege or for any other reason, the Commission
requests that the respondent, as soon as possible and in no event later than the
production date, identify and describe each such document or class of
documents, as well as the alleged basis for not producing it, with sufficient
specificity to allow a meaningful challenge to any such withholding.

If the respondent does not have possession, custody or control of any requested
documents but has information about where such documents may be located, the
TEL (202) 331-4060
FAX (202) 296-5545
www.9-11 commission.gov
IS Document Request No. 3
Page 2

/ Commission requests that the respondent provide such information as soon as


possible and in no event later than the production date.

If the respondent has any questions or concerns about the interpretation or scope
of these document requests, or needs any assistance from the Commission to
determine the identity of these individuals for purposes of doing accurate records
searches, the Commission requests that any such questions or concerns be raised
with the Commission as soon as possible so that any such issues can be
addressed and resolved prior to the production date.

October 21,2003 Daniel Marcus


General Counsel
<nne Accolla

From: sdunne@9-11commission.gov
Sent: Tuesday, October 21, 2003 11:31 AM
To: Daniel.Brown@dhs.gov
Cc: matthew.zabel@usdoj.gov; dmarcus@9-11commission.gov; team5@9-11commission.gov;
dcampagna@9-11 commission.gov
Subject: DHS document request no. 3

DHS Document
Request No 3.doc...
Dan: Attached as a Word document is DHS document request no. 3. Please
call Tom Eldridge at 202-401-1686 with any questions about this request and to
arrange for production. Feel free to call Dan Marcus or me as well if any
issues arise. Thanks. Steve
Thomas H. Kean
CHAIR
DHS DOCUMENT REQUEST NO. 4
Lee H. Hamilton
VICE CHAIR

Richard Ben-Veniste
The National Commission on Terrorist Attacks Upon the United States ("the
Commission") requests that the Department of Homeland Security (DHS or the
Max Cleland "respondent") provide the Commission with access to the following materials
Fred F. Fielding
no later than November 11, 2003 (the "production date"):
Jamie S. Gorelick 1. INS Policy Council memorialized decisions and minutes from January 1,
Slade Gorton 1995 through December 31, 2001.
John Lehman
2. Documents from January 1, 1995 through September 20, 2001 located in
Timothy J. Roemer the following files listed in the INS master records index book:
James R. Thompson
a. Under the heading "terrorist activities" and "anti-terrorist activities,"
"Examinations-Inspections 70/21/19;" "Enforcement-Investigations 50-
PhiHp D. Zelikow
EXECUTIVE DIRECTOR 19.3.4 (Employer Sanctions);" and "Detention and Deportation 50-
11.18"

b. Under the heading "national security," national security decision


document binder 38 120/3 (International Affairs)

The Commission further requests that documents requested above be provided as


soon as they are available, even though all requested documents may not be
provided at the same time, thorough means of a "rolling" production.

If any requested documents are withheld from production, even temporarily,


based on an alleged claim of privilege or for any other reason, the Commission
requests that the respondent, as soon as possible and in no event later than the
production date, identify and describe each such document or class of
documents, as well as the alleged basis for not producing it, with sufficient
specificity to allow a meaningful challenge to any such withholding.

If the respondent does not have possession, custody or control of any requested
documents but has information about where such documents may be located, the
Commission requests that the respondent provide such information as soon as
possible and in no event later than the production date.

If the respondent has any questions or concerns about the interpretation or scope
of these document requests, or needs any assistance from the Commission to
determine the identity of these individuals for purposes of doing accurate records
searches, the Commission requests that any such questions or concerns be raised
TEL (202) 331-4060
FAX (202) 296-5545
www.9-llcommission.gov
DHS Document Request No. 4
Page 2

with the Commission as soon as possible so that any such issues can be
addressed and resolved prior to the production date.

October 28, 2003 Daniel Marcus


General Counsel
Joanne Accolla
From: sdunne@9-11commission.gov
kSent: Tuesday, October 28, 2003 12:25 PM
To: Daniel.Brown@dhs.gov
Cc: matthew.zabel@usdoj.gov; dmarcus@9-11 commission.gov; team5@9-11commission.gov;
dcampagna@9-11commission.gov
Subject: DHS document request no. 4

DHS Document
Request No 4.doc...
Dan: Attached as a Word document is DHS document request no. 4. Please call
Janice Kephart-Roberts at 202-401-1705 with any questions about this request
and to arrange for production. Feel free to call Dan Marcus or me as well if
any issues arise. Thanks. Steve
Thomas H. Kean DHS DOCUMENT REQUEST No. 5
CHAIR

Lee H. Hamilton
VICE CHAIR The National Commission on Terrorist Attacks Upon the United States ("the
Richard Ben-Veniste
Commission") requests that the Department of Homeland Security (DHS or the
"respondent") provide the Commission with copies of the following materials
Fred F. Fielding no later than February 26, 2004 (the "production date"):
Jamie S. Gorelick
1. The Alien file ("A file") for the following individuals:
Slade Gorton a. Mir Aimal Kansi, DOB: 2-10-64, COB: Pakistan.
Bob Kerrey b. Qualid Moncef Benomrane, DOB: 4-29-76, COB: Tunisia,
Passport No. L870243.
John Lehman
c. Malek Mohamed Seif, DOB: 9-24-65, COB: Djibouti.
Timothy J. Roemer d. Yazeed al Salmi, DOB: circa 1977, COB: Saudi Arabia.
e. Fuad Bazarah, DOB: circa 1977, COB: Yemen.
James R. Thompson

The Commission requests that the documents requested above be provided as


Philip D. Zelikow
EXECUTIVE DIRECTOR soon as they are available, even though all requested documents may not be
provided at the same time, thorough means of a "rolling" production.

If any requested documents are withheld from production, even temporarily,


based on an alleged claim of privilege or for any other reason, the Commission
requests that the respondent, as soon as possible and in no event later than the
production date, identify and describe each such document or class of
documents, as well as the alleged basis for not producing it, with sufficient
specificity to allow a meaningful challenge to any such withholding.

If the respondent does not have possession, custody or control of any requested
documents but has information about where such documents may be located, the
Commission requests that the respondent provide such information as soon as
possible and in no event later than the production date.

If the respondent has any questions or concerns about the interpretation or scope
of these document requests, or needs any assistance from the Commission to
determine the identity of these individuals for purposes of doing accurate records
searches, the Commission requests that any such questions or concerns be raised
with the Commission as soon as possible so that any such issues can be
addressed and resolved prior to the production date.

February 9, 2004 Daniel Marcus


General Counsel

TEL (202) 331-4060


FAX (202) 296-5545
www.9-11 commission.gov
Page 1 of 1

urine Accolla

From: Steve Dunne


: Monday, February 09, 2004 6:15 PM
io: 'daniel.brown@dhs.gov'
Cc: 'John.Mitnick@dhs.gov'; 'matthew.zabel@usdoj.gov'; Dan Marcus; Team 5; Dianna Campagna
Subject: DHS document request no. 5

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

2/10/2004
UNITED
DHS DOCUMENT REQUEST NO. 6

Thomas H. Kean
CHAIR
The National Commission on Terrorist Attacks Upon the United States ("the
Commission") requests that the Department of Homeland Security (DHS or the
Lee H. Hamilton
VICE CHAIR "respondent") provide the Commission with copies of the following documents
Richard Ben-Veniste no later than March 23, 2004:
Fred F. Fielding 1. The most recent U.S. Coast Guard report analyzing the
Jamie S. Gorelick vulnerability to exploitation by al Qaeda or other terrorists of
merchant mariner documents, and any such report prior to
Slade Gorton
September 11,2001.
Bob Kerrey
2. Documents reflecting policy decisions made as a result of
John Lehman
meetings on the threat from "ship jumpers" between U.S.
Timothy J. Roemer Coast Guard and Customs Service officials and White House
officials from 1998 through September 11, 2001.
James R. Thompson

Philip D. Zelikow 3. The most recent U.S. Coast Guard report analyzing the issue
EXECUTIVE DIRECTOR
of "ship jumpers."

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

If any requested documents are withheld from production, even temporarily, based on
an alleged claim of privilege or for any other reason, the Commission requests that the
respondent, as soon as possible and in no event later than the production date, identify
and describe each such document or class of documents, as well as the alleged basis for
not producing it, with sufficient specificity to allow a meaningful challenge to any such
withholding.

If the respondent does not have possession, custody or control of any requested
documents but has information about where such documents may be located, the
Commission requests that the respondent provide such information as soon as possible
and in no event later than the production date.

If the respondent has any questions or concerns about the interpretation or scope of
these document requests, the Commission requests that any such questions or concerns
be raised with the Commission as soon as possible so that any such issues can be
addressed and resolved prior to the production date.

March 9, 2004 Daniel Marcus


General Counsel

TEL (202) 331-4060


FAX (202) 296-5545
http://www.9-llcommission.gov
Page 1 of 1

>anne Accolla
: Steve Dunne
- .it: Tuesday, March 09, 2004 12:05 PM
To: 'John.Mitnick@dhs.gov'
Cc: 'matthew.zabel@usdoj.gov'; Dan Marcus; Team 5; Dianna Campagna
Subject: DHS document request no. 6

John: Attached as a Word document is DHS document request no. 6. Please call Janice Kephart-Roberts at 202-401-
1705 with any questions about this request and to arrange for production. Feel free to call Dan or me as well if any
issues arise. Thanks. Steve

3/9/2004
Thomas H. Kean DHS DOCUMENT REQUEST No. 7
CHAIR

Lee H. Hamilton
VICE CHAIR The National Commission on Terrorist Attacks Upon the United States (the
Richard Ben-Veniste
"Commission") requests that the Department of Homeland Security (DHS or
the "respondent") provide the Commission with copies of the following
Fred F. Fielding documents no later than May 14, 2004 (the "production date"):
Jamie S. Gorelick
1. All documents relating to the July 5, 2001 briefing of domestic
Slade Gorton and law enforcement agencies about terrorist threats, organized
Bob Kerrey by NSC Counterterrorism Coordinator Richard Clarke,
including but not limited to any documents containing the
John F. Lehman
names and affiliations of the individuals who attended the July
Timothy J. Roemer 5, 2001 meeting.
James R. Thompson
2. All documents relating to follow-up efforts and meetings, if
any, resulting from the July 5, 2001 briefing of domestic and
Philip D. Zelikow
EXECUTIVE DIRECTOR
law enforcement agencies about terrorist threats.

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

If any requested items are withheld from production, even temporarily, based on
an alleged claim of privilege or for any other reason, the Commission requests
that the respondent, as soon as possible and in no event later than the production
date, identify and describe each such document or class of documents, as well as
the alleged basis for not producing it, with sufficient specificity to allow a
meaningful challenge to any such withholding.

If the respondent does not have possession, custody, or control of any


documents requested above but has information about where such documents
may be located, the Commission requests that the respondent provide such
information as soon as possible and in no event later than the production date.

If the respondent has any questions or concerns about the interpretation or scope
of these document requests, the Commission requests that any such questions or
concerns be raised with the Commission as soon as possible so that any such
issues can be addressed and resolved prior to the production date.

April 30, 2004 Daniel Marcus


General Counsel

TEL (202) 331-4060


FAX (202) 296-5545
www.9-11 commission.gov
DHS REQUEST NO. 1: Team 5, JKR POC
FOR ALL RESPONSES, WILL NOT KNOW LEVEL OF RESPONSIVENESS UNTIL TOLD BY DHS POC THAT DOCUMENT
PRODUCTION IS COMPLETE; STILL IN ROLLING PRODUCTION. UNTIL RECEIVE CLOSURE, WILL NOTE 'PARTIAL', UNLESS
REQUEST FOR A SINGLE DOCUMENT, AND THEN WILL NOTE 'YES' IF RECEIVED.

JKR IS EXPECTING MORE DOCUMENTS TO BE RECEIVED ON AUGUST 20, 2003.


t»iiH«i
HHBHBUBJBra! gi^^i^B^^BgHiMiiiiligii8Haiii»^^^»liiBMi«»Mi
~ mininiiiMiMiiHiMiMMiirinnimimiiH i.«i.irair..«ii«im.«fiiii,niiiii—r«n™nmnn. i n i m n m i i i • i i m n i n i r i n i rar

1. Joint Inquiry. All materials provided by the 8-19-03 partial Received narratives of immigration
Immigration and Naturalization Service (INS) and the information and change of status
Customs Service to the Joint Inquiry. applications per hijackers, with updates as
to changes in information since
information provided to Jt. Inquiry.
2. 9/11 Hijackers
2 a. All documents and electronic information regarding the 8-19-03 partial Have received folders on each
nineteen September 1 1 hijackers, including all hijacker, but some folders pertain to
immigration, customs, and "advanced passenger list" or individuals who were not hijackers
manifest information; any primary or secondary and still missing:
inspection reports; change of status applications; and • of the folders of the 19 hijackers,
U.S. identification numbers and cards used, sought or Nawaf al Hazmi's is missing
obtained. • the underlying TECS and other
computer database records listed
in the Texas Service
documentation are not in the files
of the 19;
• secondary inspections reports
• change of status applications and I-
20s referenced

2b. Texas Service Center Enforcement Operations 8-19-03 no


Division, 9-11 Terrorist Review.
3. "Operation Safe Passage." All documents describing 8-19-03 no
and/or evaluating Operation Safe Passage, including
staffing levels by port of entry and border patrol sector,
to or from the INS Commissioner, Deputy
Commissioner, or National Security Unit director, or
persons acting in these capacities, from 9/11/01
through 9/20/01.
4. Immediate aftermath communications. Documents 8-19-03
setting forth communications regarding border security
policy and procedures for the time period from 9/11/01
through 9/20/01, and information sufficient to describe
current policy on these topics:
8-19-03 no
4 a.
to the INS or Customs Commissioners from the
Executive Office of the President, Attorney General,
Secretary of the Treasury, Secretary of Defense,
Secretary of State, or other cabinet-level department or
agency heads, or persons acting in these capacities;
4b. from the INS or Customs Commissioners, or persons 8-19-03 partial
acting in these capacities, to the regional or district
directors offices in charge of pre-inspection and pre-
clearance sites, ports of entry, border patrol, and
internal enforcement offices; and
4c. from the INS or Customs Commissioners, or persons 8-19-03 no
acting in these capacities, to overseas office directors.
National Security Unit directives. All operations 8-19-03 partial Very little to date received
orders or directives issued by the INS National Security
Unit from 9/11/01 through 9/20/01.
Maintenance of documents regarding the 9/11 8-19-03 no
hijackers. All orders or directives issued by INS on
maintaining and collecting information and documents
regarding the nineteen September 11 hijackers
Memoranda of Understanding. All Memoranda of 8-19-03 Partial, I think One 2002 MOU
Understanding or Agreement among the INS, Treasury
Department, and Department of Defense in regard to
the Defense Department providing national guard
assistance in monitoring and securing the northern
and/or southern border.
pjMiil^ffllli^^^
jiiiM
1
^;fe^p:ili^^i.':i;'yfe]i!fei
ffwHwIpinKi!
8. Organization charts. INS organizational charts for 8-19-03 no
each of the years 1995 through 2002, including names
of personnel at the level of Deputy Executive Associate
Commissioner or Border Patrol Chief and above, and
dates of incumbency

9. INS Field Operations Division. Documents setting 8-19-03 partial Only a few years represented
forth summaries of the following by function, budget,
number of personnel, and allocation of personnel
between headquarters and the field, for the following
units, on an annual basis from 1995 through September
20, 2001 :
9 a. Border Patrol 8-19-03 no
9b. Intelligence, including the Headquarters Command 8-19-03 no
Center
9c. National Security or Counterterrorism Unit 8-19-03 no
9d. Inspections 8-19-03 no
9e. Detention and Removal, and 8-19-03 no
9f. Investigations 8-19-03 partial
1
10. Counterterrorism budget submissions to Congress. 8-19-03 partial Only one budget submission received
Excerpts of narrative summaries of agency
Congressional budget and appropriations presentation
documents which specifically refer to "national
security," "Counterterrorism," "antiterrorism," or
terrorism" for INS from 1995 through 2001
11. Congressional policy inquiries received by the INS 8-19-03 partial No correspondence FROM
Commissioner, or persons acting in these capacities, Congress
or the INS Congressional relations offices, and Much received is after 2001
responses thereto, which specifically refer to Nothing pre 1998, as these records
"Counterterrorism," "antiterrorism," or "terrorism," were apparently destroyed
from 1995 through September 11, 2001, from:
11 a. U.S. Senators; and 8-19-03 partial
lib. U.S. House of Representatives leadership, 8-19-03 partial
chairmen or ranking members of House of
Representatives committees, select committees,
or subcommittees, and letters from groups of
members
12. Memoranda to senior officials. Policy 8-19-03 no
statements on Counterterrorism to the Attorney
General and Deputy Attorney General, the
Secretary of State, the Secretary of the Treasury,
and to other executive branch agencies, including
the Executive Office of the President, from the
office of the INS Commissioner, Deputy
Commissioner, or Executive Associate
Commissioner, or persons acting in these
capacities, from June 1995 through September
20,2001.
13. Management directives. Counterterrorism 8-19-03 partial These responses are mixed through the
policy directives provided to INS personnel from documents received, including ICE Intel,
the INS Commissioner, Deputy Commissioner, Special Agent in Charge field office files,
Executive Associate Commissioner, or Deputy executive secretariat, congressional
Executive Associate Commissioner from 1995 relations, and ICE national security unit
through September 20, 2001. document productions. Many SAC units
responded that they had no documents
responsive.
14. Reports to management. Internal reports or 8-19-03 partial Very little.
memoranda to the INS Commissioner or Deputy
Commissioner on INS activities, proposals,
programs, or task forces from 1990 through
September 20, 2001, that specifically refer to a
subject matter within such report or memoranda
as relating to "counter-terrorism," "antiterrorism,"
"terrorism," or "terrorist."
15. PDD-39. INS communications directing or 8-19-03 no
reporting on follow-up actions relating to PDD-
39.
16. INS and Customs cooperation on inspections. 8-19-03 no
Memoranda of Understanding and agreements
between Customs and INS on the port of entry
inspection process, from 1995 through
September 20, 2001.
17. Watchlist information sharing. 8-19-03
17 a. Agreements among INS, Customs, and the Department 8-19-03 yes
of State on watchlist information sharing, including the
June 1991 and 1995 TIPOFF agreements, and any
subsequent amendments thereto.
17 b. Name and title of the 24 hour duty officer for TIPOFF 8-19-03 no
at INS headquarters from 1991 through September 20,
2001.
17 c. Agreements on intelligence sharing on watchlists and 8-19-03 no
terrorists among CIA, DIA, NSA, State Department, the
FBI, and INS from 1995 through September 20, 2001.
18. Jamal Mohamed al Khalifa. Interrogation transcripts, 8-19-03 no
notes, reports, and finished analysis of Khalifa while in
detention in 1995
19. Pre-inspections and pre-clearance. Agreements 8-19-03 no
ui,n»- JKl^Jl* i ;^IS
pertaining to overseas pre-inspections and pre-clearance
between foreign authorities, the Department of State,
and the INS/Department of Justice, from 1995 through
September 20, 2001, and any agreements currently in
effect.
20. Student tracking. The following information relating 8-19-03 partial A bit in congressional correspondence,
to the student tracking programs (CIPRIS and SEVIS), but nothing else
from 1994 to March 2003:
20 a. Memoranda and correspondence from the Deputy 8-19-03
Commissioner and Commissioner's offices to the
Deputy Attorney General;
20 b. Memoranda and correspondence which contain general 8-19-03
policy or program information between the
Commissioner or Directorate offices and the managers
and staff responsible for overseeing, developing, and
implementing the programs;
20 c. Reports (e.g., "Controls Governing Foreign Students: 8-19-03
and Schools That Admit Them. Final Report by the
Task Force on Foreign Student Controls," INS, Dec. 22,
1995), findings, and charts, including program
characteristics;
20 d. Congressional correspondence that specifically refer to 8-19-03
"CIPRIS" or "SEVIS," and INS/DHS responses to such
correspondence;
20 e. Correspondence from and responses to the American 8-19-03
Council on Education and NAFSA: Association of
International Educators; and
20 f. Documents summarizing program characteristics and/or 8-19-03
applications
21. Alien smuggling measures and enforcement relating 8-19-03 no
to terrorism.
21 a. Reports which refer to the alien smuggling of terrorists 8-19-03
or persons suspected of terrorist affiliations, from 1995
through September 20, 2001.
21 a Documents summarizing alien smuggling programs
which target, at least in part, terrorists or persons
suspected of terrorist affiliations, including interagency
activity, from 1995 through September 20, 2001.
22. INS immigration-related anti-fraud measures and 8-19-03 no
enforcement relating to terrorists.
22 a. INS reports which refer to fraud associated with 8-19-03
terrorists or terrorist affiliated activity, from 1995
through September 20, 2001
22 b. Documents sufficient to describe major immigration- 8-19-03
related anti-fraud programs, including interagency
activity, from 1995 through September 20, 2001
23. Terrorists referred to secondary inspection. Reports 8-19-03 no
of instances of persons suspected of al Qaeda-related
terrorist affiliations, other than the nineteen 9/11
hijackers, being referred to secondary inspection at pre-
inspection sites, land borders, and ports of entry, and
the disposition of such cases, from 1995 through
September 20, 2001.
DHS DOCUMENT REQUEST NO. 8

Thomas II. Kean


CHAIR
The National Commission on Terrorist Attacks Upon the United States ("the
Commission") requests that the Department of Homeland Security (DHS or the
Lee II. Hamilton
VICE CHAIR "respondent") provide the Commission with copies of the following documents
Richard Ben-Veniste no later than May 19, 2004:
Fred F. Fielding
1. Documents sufficient to provide a list of current Science and
Jamie S. Gorelick Technology Directorate research and development projects
concerning border security, relating to the flow of people (not
Slade Gorton
cargo), and the amount of funds budgeted for each project.
Bob Kerrey
The Commission requests that the documents requested above be provided as soon as
John Lehman
they are available, even though all requested documents may not be provided at the
Timothy J. Roemer same time, through means of a "rolling" production.
James R. Thompson
If any requested documents are withheld from production, even temporarily, based on
Philip D. Zelikow an alleged claim of privilege or for any other reason, the Commission requests that the
E X E C U T I V E DIRECTOR
respondent, as soon as possible and in no event later than the production date, identify
and describe each such document or class of documents, as well as the alleged basis for
not producing it, with sufficient specificity to allow a meaningful challenge to any such
withholding.

If the respondent does not have possession, custody or control of any requested
documents but has information about where such documents may be located, the
Commission requests that the respondent provide such information as soon as possible
and in no event later than the production date.

If the respondent has any questions or concerns about the interpretation or scope of
these document requests, the Commission requests that any such questions or concerns
be raised with the Commission as soon as possible so that any such issues can be
addressed and resolved prior to the production date.

May 5, 2004 Daniel Marcus


General Counsel

TEL (202) 331-4060


FAX (202) 296-5545
http://www.9-llcornrnission.gov
Page 1 of 1

/anne Accolla
From: Steve Dunne
.it: Wednesday, May 05, 2004 11:14 AM
To: 'Mitnick, John'
Cc: 'matthew.zabel@usdoj.gov1; Dan Marcus; Team 5; Dianna Campagna
Subject: DHS document request no. 8

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

5/6/2004
DBS DOCUMENT REQUEST NO. 9

Thomas H. Kean
CHAIR
The National Commission on Terrorist Attacks Upon the United States ("the
Commission") requests that the U.S. Department of Homeland Security (DHS
Lee H. Hamilton
VICE CHAIR or the "respondent") provide the Commission with copies of the following
Richard Ben-Veniste documents no later than June 8, 2004:
Fred R Fielding 1. All records relating to the decision in May 2003 to prevent the admission into the
Jamie S. Gorelick United States, but not to revoke the visa, of Fahad al Thumairy, an accredited
diplomat with the Saudi Arabian consulate in Los Angeles, California.
Slade Gorton

Bob Kerrey 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
John Lehman
same time, through means of a "rolling" production.
Timothy J. Roemer
If any requested documents are withheld from production, even temporarily, based on
James R. Thompson
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
Philip D. Zelikow
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
KXF.CL'TIVE DIRECTOR
withholding.

If the respondent does not have possession, custody or control of any requested
documents but has information about where such documents may be located, the
Commission requests that the respondent provide such information as soon as possible
and in no event later than the production date.

If the respondent has any questions or concerns about the interpretation or scope of
these document requests, the Commission requests that any such questions or concerns
be raised with the Commission as soon as possible so that any such issues can be
addressed and resolved prior to the production date.

May 25, 2004 Daniel Marcus


General Counsel

TEL (202) 331-4060


FAX (202) 296-5545
http://www.9-l 1 commission.gov
Page 1 of 1

^ Accolla

^om: Steve Dunne


.it: Tuesday, May 25, 2004 9:45 AM
To: 'Mitnick, John1
Cc: 'matthew.zabel@usdoj.gov'; Dan Marcus; Team 5; Team 1A; Dianna Campagna
Subject: DHS document request no 9

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

5/25/2004

You might also like