Thomas H.

Kean
CHAIR
August 19,2003

Lee H. Hamilton
VICE CHAIR
The Honorable George J. Tenet
Richard Ben-Veniste Director of Central Intelligence
Max Cleland
Central Intelligence Agency
Washington, DC 20505
Frederick F. Fielding
Dear Director Tenet:
Jamie S. Oorelick

Slade Gorton Public Law 107-306 directs the Commission to investigate the facts and
circumstances surrounding the September 11,2001 terrorist attacks, including
John F. Lehman
the nation's preparedness for and immediate response to those attacks. We are
Timothy J. Roemer also mandated to identify and evaluate lessons learned and make
James R. Thompson
recommendations for the future. The statute authorizes the Commission to
secure needed information directly from any agency. The Commission has
thus made numerous requests for documents and discussions with officials
Philip D. Zelikow
EXP~' TIVE DIRECTOR from your agency. Given the extraordinary character of the 9/11 events and
our mandate, the scope and sensitivity of our requests have few, if any,
precedents.

We are therefore all the more grateful for the efforts you and your colleagues
have made so far to deal with our many, necessary requests. With so many
other issues confronting you and your staff, we do understand how hard this
can be. We try to make appropriate allowances when we know people are
doing their best. In July the Commission issued an interim report on our
progress so far. In that report we said the coming weeks would be critical.
We promised another report in September that would appraise whether the
level of voluntary cooperation is sufficient so that we will be able t8~do the job
we are charged to do under the statute.

That time is now approaching. You are entitled to some advance notice of
what we need. To make such a decisive appraisal and properly evaluate your
agency's cooperation, we will assess:

1. Your policy choices—one way or another—on every access issue posed by

our pending requests.

2. Whether we actually receive the most important categories of documents

that are already overdue. We will follow up to be sure our points of
contact know which overdue documents we regard as litmus tests for
effective cooperation.
301 7* Street SW, Room 5125
Washington, DC 20407
T 202.331.4060 F 202.296.5545
www.9-1 lcommission.gov
The Honorable George J. Tenet
August 19, 2003
Page 2

We understand that you and your staff may need a few more weeks to finalize
policy choices and push through delivery of key documents. Therefore we
think it is reasonable to wait and assess the situation based on positions
communicated with us and documents that have actually been delivered or
otherwise made available to us by COB on Friday, September 5, 2003.

As the second anniversary of the devastating attacks on our country

approaches, we thank you for working with us to meet the challenge of
understanding how and why America suffered such a devastating attack, and
how to prevent another.

Sincerely,

Thomas H. Kean Lee H. Hamilton

Chair Vice Chair

Jolene M. Lowry
 August 26, 2003

Thomas H. Kean MEMORANDUM

CHAIR

Lee H Hamilton
VICECHAJR To: 9/iiciosedbystatutentral Intelligence Agency
Richard Ben-Veniste
From: Daniel Marcus, General Counsel

Fred F.Fielding Subj: Most Important Overdue Documents

Jamie S. Gorelick

Slade Gorton As a follow-up to the letter to the DCI dated August 19,2003, here are
the most important categories of documents requested by the
Commission that are overdue:
Timothy J. Roemer
DCI Document Request No. 8 - Items 1, 2, 3, 4, 5, 6, 8,18
James R TTjompson

We look forward to the Agency's prompt production of these overdue

Philip D. Zelikow
EXECUTIVE DIRECTOR items, as well as positions on access to all of the documents responsive to
all of our outstanding requests, as set forth in the August 19 letter. If you
have any questions, please give me a call.

cc: Dan Levin, DOJ

TEL (202) 331-4060

FAX (202) 296-5545
www.9-1 Icommissioagov
StP. 5 . 2 0 0 3 6:17PM NO. 4728 P. 2

CENTRAL INTELLIGENCE AGENCY

Washington, D.C. 20505

General Counsel

5 September 2003

Mr. Daniel Marcus

General Counsel
National Commission on Terrorist Attacks
Upon the United States
301 7th Street, SW
Room 5125
Washington, DC 20407

Dear Mr. Marcus:

We appreciate the Commission's letter of 19 August 2003
acknowledging the efforts that the Central Intelligence Agency
(CIA) has made to date to respond to the numerous requests for
information that have been issued by the Commission on Terrorist
Attacks Upon the United States (the "Commission"). The CIA has
dedicated significant resources to satisfying the requests,
providing, to date, over 100,000 pages of highly classified
material and numerous briefings. Document productions include
over 50,000 pages responding to the Commission's various document
requests, as well as 50,000 pages that were previously produced by
CIA to the Congressional Joint Inquiry. The men and women of CIA
who have devoted substantial time answering these requests
appreciate your recognition of their extraordinary efforts. Based
on the agreement that has been reached with respect to the scope
of the requests and our searches, the status of our productions is
as follows.
1. We have completed productions in response to 7 of the 12
document requests issued by the Commission. Specifically,
productions in response to Director of Central Intelligence (DCI)
Document Request Nos. 1, 2, 3, 4, 5, 6, and 10 have all been
completed. We have agreed to provide periodic future updating
with respect to Document Request No. 4.
2. We have nearly completed production in response to DCI
Document Request Nos. 7, 9, 11, and 12 and expect to complete
production of these requests by 3 October 2003. CIA is still
searching for several documents responsive to Item No. 3 of
SEP. 5.2003 6:17PM NO. 4728 P. 3

Mr. Daniel Marcus

Request No. 7. We have agreed to provide periodic updates for

Item No. 1 of Request No. 9.

3. Of the 40 numbered requests contained in DCI Document

Request No. 8 (DR #8), we have completed 26 of the items. As
previously agreed to by the Commission staff, Item Nos. 34 and 37
are currently in a "hold" status, although we have previously
produced a substantial number of documents in response to these
requests. CIA is still searching for documents responsive to Item
Nos. 30, 33, 35, and 36 of Request No. 8, but we expect to
complete production in response to these requests by 3 October
2003- In your memorandum dated 26 August 2003, you identify Item
Nos. I, 2, 3, 4, 5, 6, 8, and 18 of Request No. 8 as the "most
important categories of documents requested by the Commission."
Below is our report on these items:
(1) Item Nos. 1 (Presidential Daily Briefs [PDBs]), 2 (PDB
Feedback), 3 (Briefing Packages for Principals and Deputies
Meetings) of PR #8. We have been informed that the National
Security Council (NSC) and Commission Staffs are in active
discussion to resolve the handling of Item No. 1 of Request No. 8.
We understand that the Executive Branch focal point, Mr. Daniel
Levin, is responsible for working with the Commission staff to
resolve Item Nos. 2 and 3 of Request No. 8.
(2) Item No> 4, DR #8 (DCI Presentations to President of the
United States and Vice President of the United States). We
understand that the Executive Branch focal point, Mr. Daniel
Levin, is responsible for working with the Commission Staff to
resolve Item No. 4 of Request No. 8. At least one document
responsive to this request must be cleared with a foreign liaison
service.
(3) Item No. 5, DR #8 (Preparatory Materials for DCI's
Meetings with NSC, Secretary of Defense [SecDef], Secretary of
State [SoS], and Director/Federal Bureau of Investigation [FBI]).
We will produce documents responsive to this request pertaining to
the DCI's meetings with the SecDef, SoS, and D/FBI no later than
15 September 2003. We understand that the Executive Branch focal
point, Mr. Daniel Levin, is responsible for working with the
Commission Staff to resolve that part of Item No. 5 of
SEP, 5 . 2 0 0 3 6:18PM NO. 4728"' P. 4'

Mr. Daniel Marcus

Request No. 8 pertaining to the DCI's meetings with the National

Security Advisor.
(4) Item No. 6, PR #8 (Reports of DCI's Meeting with Senior
Foreign Officials). We will produce documents responsive to this
request (redacted to remove nonresponsive information) no later
than 3 October 2003, although we note that CIA does not
systematically store and maintain summaries for the numerous
meetings and conversations that the DCI has with senior foreign
officials.

(5) Item No. B, PR #8 (Lessons Learned from Prior Terrorist

Attacks)» The Agency has participated in a number of relevant
reviews conducted by Executive Branch entities, the Congress, and
outside commissions. CIA reviews major events, including
terrorist attacks, to learn how to improve its operations. In
December 2001, the DCI Review Group was established to provide a
broad range of analyses related to the 9/11 attacks and CIA's
earlier counterterrorism efforts. Relevant materials have been,
or will be, made available to the Commission, as requested.

(6) Item No. 18, PR #8 (Agenda and Counterterrorism

Materials from DCI's Meeting with SecDef). We expect to produce
responsive documents no later than 3 October 2003-

We look forward to our continued cooperation to ensure the

Commission is able to fulfill its statutory mission in an
expeditious manner.

Sincerely,

Scott W. Muller
General Counsel

cc: Mr. Dan Levin

Department of Justice