Determination

Having reviewed the information compiled by, and the findings, conclusions, and
recommendations of the Joint Inquiry of the Congress, the Commission hereby determines that:
(a) The Joint Inquiry did not Investigate the following areas of inquiry relating to the
Intelligence Community:
• Congressional oversight;
• The establishment of a domestic intelligence agency.
(b) The Joint Inquiry's investigation of the following areas of inquiry was not complete:
• National-level policy and leadership of the nation's counterterrorism efforts prior to
September 11, 2001 and in the immediate aftermath;
• Intelligence collection - both human source and technical collection - its
management, oversight, costs and effectiveness;
• Intelligence analysis, dissemination of intelligence reporting throughout the Federal,
State and local governments;
• Strategic and tactical warning, its dissemination and the response of the federal
government to intelligence warning;
• Intelligence foreign liaison;
• Covert action and its effectiveness; and
• The management of the Intelligence Community (establishing priorities, tasking
collection and analysis, budgeting, personnel policies and practices, and the effective
execution of programs and budgets).
(c) New information not reviewed by the Joint Inquiry has become available with respect to
the following areas of inquiry:
• Detainee information, whether collected domestically or from abroad;
• Materials (documents, computer files, records) taken into custody since September
11, 2001 related to terrorist activity;
• Information related to the terrorist prosecutions in New York and elsewhere;
• Post September 11 reporting from foreign intelligence and law enforcement entities;
• Information associated with terrorist activities in Iraq.

Mr. Kean, Chairman Mr. Hamilton, Vice Chairman

Memorandum For: Attorney General

Subject: Determination of the National Commission on the Terrorist Attacks Upon

the United States (9-11 Commission) Pursuant to Section XX of PL XXX

The 9-11 Commission has reviewed the report of the Joint House and Senate Intelligence
Inquiry of events leading up the attacks upon the United States on September 11, 2001. While
we plan to investigate all the facts and circumstances related to the terrorist attacks of September
11, 2001, we have determined, pursuant to section XX of PL XXX that the Joint Congressional
Inquiry thoroughly investigated the specific facts associated with the 19 hijackers that were
know by the Federal Bureau of Investigation and the Intelligence Community up to September
11,2001. This includes:

• The FBI Phoenix electronic communication regarding individuals taking flying

lessons that seemed suspicious;
• The Zacarias Moussaoui case of Minnesota; and
• The meeting in Malaysia of various al-Qaida members associated with the September
11,2001 attacks.
Other areas of the Joint Inquiry's investigation where it did not complete its investigation,
which will be subject to this Commission's further work, include:
• National-level policy and leadership of the nation's counterterrorism efforts prior to
September 11, 2001 and in the immediate aftermath;
• Intelligence collection - both human source and technical collection - its
management, oversight, costs and effectiveness;
• Intelligence analysis, dissemination of intelligence reporting throughout the Federal,
State and local governments;
• Warning, its disseminations and the response of the federal government to
intelligence warning;
• Intelligence foreign liaison;
• Covert action and its effectiveness; and
• The management of the Intelligence Community (establishing priorities, tasking
collection and analysis, budgeting, personnel policies and practices, and the effective
execution of programs and budgets).

Mr. Kean, Chairman Mr. Hamilton, Vice Chairman