Thomas H.

Kean August 14, 2003

CHAIR

Lee H. Hamilton
VICE CHAIR
The Honorable C.W. Bill Young
Richard Ben-Veniste Chairman
Committee on Appropriations
Max Cleland
H-218TheCapitoK
Frederick F. Fielding Washington DC 20525-6015

Jamie S. Gore lick Dear Mr. Chairman:

Slade Gorton
In accordance with Section 604 (a)(l)(B)(vii) of Public Law 107-306, the
John F. Lehman National Commission on Terrorist Attacks Upon the United States (the
Timothy J. Roemer
"Commission") has a responsibility to investigate "relevant facts and
circumstances relating to the terrorist attacks of September 11, 2001,"
James R. Thompson including "the role of congressional oversight and resource allocation." The
Commission respectfully requests the House Appropriations Committee
Philio D. Zeliko* (HAC) to provide the Commission with copies of the following documents by
F ^IVE DIRECTOR 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.

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

Coif,,miSSlon re<?uests
that the documents requested above be provided as
nrnv- H ^ 6Ven thouSh a11 requested documents may' not be
provided at the same time, through means of a "rolling- production.

d°JCUments *« 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 Lee H. Hamilton

Chair
Vice Chair

cc : The Honorable David Obey

Ranking Member
Thomas H. Kean August 14, 2003
CHAIR

Lee H. Hamilton
VICE CHAIR
The Honorable Ted Stevens
Richard Ben-Veniste Chairman
Committee on Appropriations
Max Cleland
S-128 The Capitol
Frederick F. Fielding Washington, DC 20510-6025

Jamie S. Gorelick Dear Mr. Chairman:

Slade Gorton
In accordance with Section 604 (a)(l)(B)(vii) of Public Law 107-306, the
John F. Lehman National Commission on Terrorist Attacks Upon the United States (the
Timochy J. Roemer
"Commission") has a responsibility to investigate "relevant facts and
circumstances relating to the terrorist attacks of September 11, 2001,"
James R. Thompson including "the role of congressional oversight and resource allocation." The
Commission respectfully requests the Senate Appropriations Committee
Philip D. Zelikow (SAC) to provide the Commission with copies of the following documents by
1IVE DIRECTOR 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.

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 Lee H. Hamilton

Chair Vice Chair

cc: The Honorable Robert C. Byrd

Ranking Member
Thomas H. Kean August 12, 2003
CHAIR

Lee H. Hamilton
VICE CHAIR
The Honorable Porter J. Goss
Richard Ben-Veniste Chairman
Permanent Select Committee on Intelligence
Max Cleland
H-405 The Capitol
Frederick F. Fielding Washington, DC 20515-6415
Jamie S. Gorelick Dear Mr. Chairman:
Slade Gorton
In accordance with Section 604 (a)(l)(B)(vii) of Public Law 107-306, the
John F. Lehman National Commission on Terrorist Attacks Upon the United States (the
Timothy J. Roemer
"Commission") has the responsibility to investigate "relevant facts and
circumstances relating to the terrorist attacks of September 11, 2001,"
James R. Thompson including "the role of congressional oversight and resource allocation." The
Commission respectfully requests the Permanent Select Committee on
Philip D. Zelikow Intelligence (HPSCI) to provide the Commission with copies of the following
EXECUTIVE DIRECTOR 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
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 (331-
4065) as soon as possible so that any such issues can be addressed and
resolved.

With best regards,

Thomas H. Kean Lee H. Hamilton

Chair Vice Chair

cc: The Honorable Jane Harman

Ranking Member
 IUL u i - i o rn nouse i n t e l l i g e n c e NU.

PORTER J. GOSS. FLORIDA, CHAIRMAN ROOM H.. 403, U.S. CAMTOL

IJ03I J25-11J!
DOLGLAS K. BEREUT6R. NEBRASKA. VICE CHAIRMAN
SncflwOODL. eOenLERT, NEW YORK
PATRICK B. MURRAY. STAFF DIRECTOR
JIM SI8BONS NtVAOA
L, CHRISTINA HEALEY. DEMOCRATIC COUNSEL
RAY UHOOD. ILLINOIS
RANGY "DUKE" CUNNINGHAM. CALIFORNIA
fflf» nOEKSTRA. MICHIGAN
RICHARD M OURR. NORTH CAROLINA
U.S. HOUSE OF REPRESENTATIVES
TERRY EVERETT. ALABAMA
ELTON GALLECLY, CALIFORNIA PERMANENT SELECT COMMITTEE
MAC COLLINS. OEORSIA
ON INTELLIGENCE
JAMC HARMAN. CALEDONIA. HANKING DEMOCRAT
ALCEE HASTINGS. FLORIDA WASHINGTON, DC 20515-6415
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 August 1,2003
EK-OFEICID MCMMM:
J. DENNIS HASTERT. SPEAKER
NANCY PELOSI. DEMOCRATIC LEADER

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