U.S.

Department of Homeland Security

601 South 12th Street
Arlington, VA 22202

Transportation
AUG 9 2004 Security
Administration

Mr. Daniel Marcus

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

Dear Mr. Marcus:

Enclosed please find the Transportation Security Administration's (TSA) responses to

TSA Questions for the Record (QFR) numbers 1 and 2, submitted by the National
Commission on Terrorist Attacks Upon the United States (Commission). Please note that
the response document provided for the first item in QFR 2 contains Sensitive Security
Information (SSI) and is marked accordingly. Please maintain this information in
accordance with the Commission's agreement with TSA for handling of SSI.

Sincerely,

Jrandon B. Straus
Assistant Chief Counsel (Regulations)

Enclosures

cc: John M. Mitnick

Office of General Counsel

www.tsa.gov
 RESPONSE TO
TSA QUESTIONS FOR THE RECORD No. 1 SUBMITTED BY THE NATIONAL
COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES
(9-11 COMMISSION)

1. What was the policy regarding when individual airports could reopen after the
September 11,2001 terror attacks?

On September 12, 2001, the Federal Aviation Administration (FAA) mandated additional
immediate security measures for airport and aircraft operators. An airport could reopen once its
Federal Security Manager (FSM) or Civil Aviation Security Field Office (CASFO), as
appropriate, communicated to FAA Headquarters that all security measures were fully
implemented at that airport.

2. On what date, and at what precise time, did the following airports reopen after the
September 11,2001 terror attacks? If the date and time differ for general aviation
versus commercial, please provide both:

a. Providence, Rhode Island

b. Tampa, Florida
c. Lexington, Kentucky
d. St. Louis, Missouri
e. Los Angeles, California
f. Orlando, Florida
g. Washington (Dulles)
h. Boston (Logan), Massachusetts
i. Las Vegas, Nevada
j. New York (JFK and La Guardia)
k. Hanscom Airfield in Bedford, Massachusetts

The following is a list of the dates and times for which TSA has a record that FAA field
personnel communicated to FAA Headquarters that these airports had fully implemented all
security measures, and therefore could reopen. These dates and times are recorded on one of the
following three logs, which were previously provided to the Commission in response to TSA
Document Request No. 7: 1) ACS CM system log titled: "Crisis Management and Event
Tracking System Event Log Report"; 2) Log by AEA-700 titled: "Eastern Region Ops Center
Log Chronological Events of Hi-Jacking Crisis As of 01/02/02 at 10:25" (includes Sept. 11 -
Jan. 2); and 3) Log by ANE-ROC titled "Crisis-Hijacked Aircraft Tuesday, 9/11/01. In some
cases, there are two or more entries for the time at which an airport was certified to reopen.

In addition to the time or times each airport was certified to reopen, below are the times that each
airport reopened, for the airports for which we have that information. These times are based on
reports by the individual airports, notations in the logs, or conversations with former FAA or
airport personnel. Time zones for times listed were not typically noted.

Page 1 of 3
Unless otherwise noted, we do not have information indicating that the general aviation portions
of these airports opened at different times from those specified below. However, on
September 14, 2001, the national airspace was reopened to certain general aviation operations,
except within 25 nautical miles (NM) of Washington Reagan National and New York Kennedy
airports. Operation under Visual Flight Rules (VFR) was not allowed nationwide. On
September 19, 2001, there was a limited resumption of general aviation (GA) operations under
VFR. VFR flight operations were prohibited in Enhanced Class B airspace, which was in place
around 27 major metropolitan areas of the U.S.

a. Providence, Rhode Island (PVD)

• Certified to reopen 9/13/2001 at 00:07
• Reopened on 9/13/01 for commercial flights
• For general aviation limited flights resumed on 9/12/01

b. Tampa, Florida (TPA)

• Certified to reopen 9/13/2001 at 05:57
• The airport notified the air carriers that TPA was authorized to reopen at
0830 hours on 9/13/2001

c. Lexington, Kentucky (LEX)

• Certified to reopen 9/13/2001 at 00:07
• Was given authorization by the FAA to reopen at 1200N EST on
9/13/2001 for both GA and commercial aviation; the first commercial
flight departure was ASA, Delta Connection, to Atlanta (ATL), which
departed at 12:50 p.m. EST

d. St. Louis, Missouri (STL)

• Certified to reopen 9/12/2001 at 17:08 and 9/13/2001 at 00:07
• Reopened on 9/12/2001 at 19:00

e. Los Angeles, California (LAX)

• Certified to reopen 9/13/2001 at 00:07
• Reopened on 9/13/2001 at 12:00

f. Orlando, Florida (MCO)

• Certified to reopen (unknown)
• Reopened on 9/12/2001 at 14:08

g. Washington (Dulles) (IAD)

• Certified to reopen on 9/12/2001 at 18:30 and 9/13/2001 (no time given)
• Reopened (limited) on 9/13/2001 (no time given)

Page 2 of 3
 h. Boston (Logan), Massachusetts (BOS)
• Certified to reopen at 9/14/2001 at 16:20 and 19:20
• Reopened on 9/15/2001 at 05:00 for commercial aircraft
• Reopened at an unknown time on 9/18/2001 for GA

i. Las Vegas, Nevada (LAS)

• Certified to reopen 9/13/2001 at 00:07
• Reopened on 9/14/2001 at 04:00

j. New York Airports

New York (JFK)
• Certified to reopen on 9/12/2001 at 13:33 (and 18:35) and 9/13/2001 at
00:07 (item listed three times in two different logs)
• Reopened on 9/13/2001 at 11:04 with an Icelandic Air flight

La Guardia (LGA)
• Certified to reopen on 9/12/2001 at 19:40 and 9/13/2001 at 00:07
• Reopened on 9/14/2001 at 11:00 a.m.; however, after LGA closed at
0907 hrs on 9/11/2001, special government and other authorized flights
were accommodated from that time until 1100 hrs on 9/14/2001

k. Hanscom Airfield in Bedford, Massachusetts (BED)

• Certified to reopen on 9/13/2001 at 13:12
• Reopened at 0500 hrs on 9/15/01 for commercial and GA - instrument
flight rules only
• Reopened at 0500 hrs on 10/6/01 for GA VFR flight training ops with a
CFI on-board
• Reopened at an unknown time on 11/28/01 for all operations (without
restriction)

TS A-7-21-04

Page 3 of 3
 WITH DRAWAL NOTICE

RG: 148
Box: 00002 Folder: 0005 Document: 2
Series: Steve Dunne Files

Copies: 2 Pages: 8

ACCESS RESTRICTED

The item identified below has been withdrawn from this file:

Folder Title: TSA

Document Date:
Document Type: Miscellaneous
Special Media:
From:
To:

Subject: TSA Questions for the Record No. 2, item 1

In the review of this file this item was removed because access to it is
restricted. Restrictions on records in the National Archives are stated in
general and specific record group restriction statements which are available
for examination.

NND: 321
Withdrawn: 06-23-2008 by:

RETRIEVAL #: 321 00002 0005 2

System DocID: 2924
4.2004 9:51AM 9-11 COMMISSION NO. 2849 P. 2

DRAFT March 18, 2004

National Commission on Terrorist Attacks Upon the United States

Procedures for Access to Screening Equipment of
the Transportation Security Administration

Pursuant to its authority under Title VI of the Intelligence Authorization Act for Fiscal
Year 2003, P.L. 107-306 (the Act), the National Commission on Terrorist Attacks Upon
the United States (Commission) has asked the Transportation Security Administration
(TSA) for access to certain screening equipment. TSA is providing the Commission
access to the equipment specified below under the following procedures:

1. TSA will provide the Commission access to TSA's Visitor's Center at 601/701 South
12th Street, Arlington, Virginia at [after 5:30pm on weekdays, 9:00-5:00 on
•weekends], on , 2004.

2. In the Visitor's Center, the Commission will have access to a Heiman 6040 X-Ray
machine, an ITS CEIA 02PN10 walk through metal detector (WTMD), an ITS CEIA
PMD2 WTMD, and a Garret Hand Held Metal Detector. Model ,

3. TSA will provide the Commission access to a Rapiscan 522B X-Ray machine at
Dulles International Airport at [after last departure/arrival], on ,
2004. TSA will set up a visual barrier around the X-Ray machine and prevent public
access to the equipment.

4. TSA personnel will be present and will calibrate the equipment.

5. The Commission will make only one copy of any video recording of the
Commission's use of the hand wands at the TSA Visitor's Center. The video
recording will include a disclaimer that it does not constitute a recreation of the
events of September 11, 2001. The Commission will not video tape the use of any
other screening equipment, except for hand wands.

6. The Commission acknowledges that the video recording may contain Sensitive
Security Information (SSI) governed by 49 U.S.C, 114(s), 49 C.F.R. part 1520, and
non-disclosure agreements executed by Commission staff. The Commission will not
release or display any portion of the video recording to any person other than
Commission members or staff without prior review and approval by the TSA.
.A 4 . 2 0 0 4 9 : 5 1 A M 9-11 COMMISSION NO, 2849
^jta^

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FAX COVER SHEET u
Lee H. Hamfltaa

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TSL
'

U.S. Department of Homeland Security

Arlington, Virginia 22202-4220

Transportation
JAN 1 5 2004 MS® Security
llStlF Administration

Mr. Daniel Marcus

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

Dear Dan:

Under cover of this letter, the Transportation Security Administration (TSA) is

releasing to the National Commission on Terrorist Attacks Upon the United States
(Commission) documents containing Sensitive Security Information (SSI) relating to
TSA's Computer Assisted Passenger Prescreening System (CAPPS). These documents
are responsive to certain items requested in TSA Document Request No. 3.

CAPPS is a security measure currently in operation and is integral to the safety and
security of passenger air transportation. Public disclosure of the details of the screening
selection factors of CAPPS and corresponding weights of those factors would
significantly compromise the security of the traveling public. Unlike other SSI that must
be shared relatively widely among individuals in the aviation industry in order to carry
out their security obligations, information related to the factors and weights of CAPPS is
among the most closely held SSL TSA has limited access to this information to only a
handful of specially briefed TSA employees and airline employees who have a
predetermined need to know about specific factors and weights.

TSA has worked closely with staff of the Commission to identify specific documents
related to CAPPS that would be helpful in the Commission's fulfillment of its mandate.
After reviewing copies of CAPPS documents responsive to the Commission's request,
the Commission staff identified a subset of the responsive documents, of which they
would like copies. Accordingly, enclosed with this letter are copies of those documents.

www.tsa.gov
 We appreciate the efforts of the Commission's staff in helping TSA safeguard the
information in these documents, which we as an agency believe is among the most
sensitive and the protection of which is vital to the fulfillment of TSA's responsibility for
aviation security.

Sincerely yours,

Stephen J. McHale
Deputy Administrator

Enclosures
ML. 7.2004 3:28PM ISA, OFC OF COUNSEL
US. Department of Homeland Security
Office of the Administrator
601 South 12th Sweet
Arlington, VA 12202-4220

Transportation
JUL ! '7 2004 Security
Administration

Mr. Daniel Marcus

General Counsel
National Commission on Terrorist
Attacks Upon the United States
301 7* Street, SWRm 5125
Washington, DC 20407

Dear Dan:

As we discussed in a telephone conversation earlier today, the Transportation Security'

Administration (TSA) has certain computer network server back-up tapes for the
following dates in the months before and after September 11,2001: July 31; August 30;
September 6; September 7; September 10; September 28; and Ottober 31. We believe
that these tapes contain back-ups of the e-mail servers used by certain offices within the
Federal Aviation Administration.

In the course of producing documents in response to requests from the National

Commission on Terrorist Attacks Upon the United States (Commission), TS A did not
have reason to believe that these tapes contained responsive documents that were not
otherwise produced to the Commission from other sources of agency records. In
addition, the tapes currently are in a format that TSA does not have the equipment or
software to read. Therefore, searching the tapes would require that they first be restored
to a readable format, which I am told would require an estimated minimum of $250,000
and two months. Finally, I understand that other agencies that have provided records to
the Commission did not search back-up tapes.

In light of these factors, we have determined that restoring and searching the tapes was
not and would not be a "reasonable step" to find all documents responsive to the
Commission's requests. If you have any concerns regarding this issue, please fell free to
contact me to discuss them.

Sincerely,

Stephen J. McHale
Deputy Administrator

cc: John M. Mitnick

Office of General Counsel
MAY. 16. 2003 1:19PM T3A, OFC OF COUNSEL 1974

Transportation Security Administration

Office of Chief Counsel
701 South 12th Street (West Tower)
Arlington, VA 22202
Fax: (571)227-1379

Recipient's Name:

Recipient's Fax #:

Sender's Name:

Sender's #:

Sender's Fax #:

Number of pages to follow:

Comments:
16, 2003 1:19PM TSA.OFC OF COUNSEL NO. 974

United States Department of Transportation 400 Seventh Street, S.V.

TRANSPORTATION SECURITY ADMINISTRATION D.C. zojpo

MAY f 6 2003

The Honorable Thomas H. Kean

Chairman
National Commission on Terrorist Attacks
Upon the United States
301 7th Street, S.W.
Washington, DC 20407

Dear Mr. Chairman:

On May 5,2003, the Transportation Security Administration (TSA) received a request

from the National Commission on Terrorist Attacks Upon the United States
(Commission) for certain documents related to the Commission's investigation of the
terrorist attacks of September 11, 2001. TSA is in the process of making these
documents available to the Commission, in accordance with the requirements of Title VI
of the Intelligence Authorization Act for Fiscal Year 2003, P.L. 107-306 (the Act).

Under section 605(c)(2) of the Act, documents provided to the Commission are to be
"received, handled, stored, and disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and Executive orders." A large
proportion of the responsive documents that TSA is providing to the Commission are
Sensitive Security Information (SSI).

By statute and implementing regulations, all information designated by TSA as SSI

must not be disclosed to the public, notwithstanding the Freedom of Information Act or
other laws. See 49 U.S.C. § 114(s); 49 C.F.R. Part 1520. The need to protect SSI stems
primarily from the extent to which this information, if compromised, would reveal a
systemic vulnerability of the transportation system or a vulnerability of transportation
facilities that would make it more likely for terrorists to succeed in their attacks and,
therefore, make such attacks more difficult to prevent.

TSA distributes SSI to certain non-governmental persons and entities with a need for
access to SSI in order to implement security mandates. This information includes
intelligence information, specific threats, and required counter-measures that, if released
to the public, could be used to thwart security measures that are in place at airports or
being carried out by aircraft operators. Given the risk to national security and to the
traveling public posed by any unauthorized disclosure of SSI, TSA has created and
enforces strict controls on access to SSI.
f/IY. 1 6 , 2 0 0 3 1:19PM T S A . O F C OF COUNSEL NO, 974 P, 3

A large proportion of the documents that TSA is providing to the Commission contain
SSI and have been marked accordingly. As explained above, dissemination of SSI
beyond the Commission would be detrimental to the security of the Nation's
transportation system and to the safety of passengers in transportation, Therefore, TSA
requests that each member of the Commission and Commission staff who will have
access to SSI complete the enclosed non-disclosure agreement and return it to TSA.

If you need further information or assistance, please call Mr. Brandon B. Straus,
Assistant Chief Counsel (Regulations) at (571) 227-2724.

Sincerely yours,

j|yr. LO$ ADM

Administrator

Enclosure
16.2003 1:19PM TSA,OFC OF COUNSEL NO. 974 P. 4

SENSITIVE SECURITY INFORMATION

NONDISCLOSURE AGREEMENT

I understand that documents provided by the Transportation Security

Administration (TSA) to the National Commission on Terrorist Attacks Upon the United
States (Commission), pursuant to Title VI of the Intelligence Authorization Act for Fiscal
Year 2003, P.L. 107-306, contain sensitive security information (SSI) governed by 49
CFR Part 1520,

I understand that I am being granted access to these documents only in my

capacity as a member of the Commission or as a member of the Commission staff, and I
further understand that I must protect such documents and the information therein from
unauthorized disclosure.

Accordingly I agree not to discuss documents identified by TSA as SSI, or their

contents, with anyone other than members of the Commission and members of the
Commission staff, and I agree not to disclose such documents, or their contents, to
anyone other than members of the Commission and members of the Commission staff.

Signature

Printed Name

Date

PLEASE RETURN SIGNED FORM TO:

Transportation Security Administration
Brandon B. Straus
Fax: 571-227-1379
Phone: 571-227-2724
 WITH DRAWAL NOTICE

RG: 148
Box: 00002 Folder: 0005 Document: 3
Series: Steve Dunne Files

Copies: 1 Pages: 2

ACCESS RESTRICTED

The item identified below has been withdrawn from this file:

Folder Title: TSA

Document Date: 07-28-2003
Document Type: Index
Special Media:
From:
To:

Subject: TSA Document Request No. 2 Index

In the review of this file this item was removed because access to it is
restricted. Restrictions on records in the National Archives are stated in
general and specific record group restriction statements which are available
for examination.

NND: 321
Withdrawn: 06-23-2008 by:

RETRIEVAL #: 321 00002 0005 3

System DocID: 2925
 OCT. 10. 2003 1 2 : 5 7 P M ISA, OFC OF COUNSEL N0, 306 p 2

Straus, Brandon
From: Straus, Brandon
Sent: Thursday, October 09, 2003 8:34 AM
To: 'sdunne@9-11commission.gov'
Cc: 'sbrinkley@9-11commission.gov1
Subject: TSA Non-Disclosure Agreement

Steve,

It came to my attention the other day that the nondisclosure agreement we have been using for Sensitive Security
Information disclosed to the Commission does not clearly cover SSI disclosed orally during interviews. It could be read to
cover only documents. I discussed this with Sam yesterday, and he said he considered the agreements to cover SSI
disclosed in interviews, which is great. Nonetheless, 1 would like to amend the agreements that we use going forward to
make clear that oral disclosures are covered. Attached is a revised agreement with the changes in bold. I would like to
use this as the sample NDA when I send the letter to the Port Authority of NY and NJ authorizing release of SSI to you. Is
that alright with you? Thanks.

Brandon

Nondisclosure
Agreement - PANY...

Brandon B. Straus
Assistant Chief Counsel for Regulations
Transportation Security Administration
direct: (571)227-2724
fax; (571) 227-1379
cell: (202) 997-4042

This communication might contain communications between attorney and client, communications that are pan of the agency
deliberative process, or attorney-work product, all of \vhich are privileged and not subject to disclosure outside die agency or to
the public. Please consult with the Office of Chief Counsel before disclosing any information contained b this email.
10, 2003 12:57PM ISA,OFC OF COUNSEL N0. 3Q6 P. 3

SENSITIVE SECURITY INFORMATION

NONDISCLOSURE AGREEMENT

I understand that documents and information provided by the Port Authority of

New York and New Jersey (Port Authority) to the National Commission on Terrorist
Attacks Upon the United States (Commission), pursuant to Title VI of the Intelligence
Authorization Act for Fiscal Year 2003, P.L. 107-306, contain sensitive security
information (SSI) governed by 49 CFR Part 1520.

I understand that I am being granted access to these documents and information

only in my capacity as a member of the Commission or as a member of the Commission
staff, and I further understand that I must protect such documents and the information
therein from unauthorized disclosure.

Accordingly I agree not to discuss information or documents identified by the

Port Authority as SSI, or their contents, with anyone other than members of the
Commission and members of the Commission staff, and I agree not to disclose such
information or documents, or their contents, to anyone other than members of the
Commission and members of the Commission staff.

Signature

Printed Name

Date

PLEASE RETURN SIGNED FORM TO:

[Port Authority Contact Information]
AND

Transportation Security Administration

Brandon B. Straus
Fax: 571-227-1379
Mail:: INBOX: RE: TS A Document Request Page 1 of 2

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Date: Tue, 13 May 2003 12:35:19-0400
From: "Straus, Brandon" <Brandon.Straus@dhs.gov>^
To: skaplan® 9-11 commission.gov 9, "Clark, Lucy" <Lucy.Clark@DHS.GOV>4P
Subject: RE: TSA Document Request
Part(s): [Sj 2 Nondisclosure Agreement.doc application/msword 29.42 KB H

Dan,

Attached for your review is a proposed non-disclosure agreement to be signed by

each member of the Commission or staff that receives access to Sensitive Security
Information (SSI). TSA also will be sending a letter to the Commission regarding
restrictions on SSI. Thanks

Brandon

Original Message
From: sdunne@9-llcommission.gov [mailto:sdunne@9-llcommission.gov]
Sent: Monday, May 12, 2003 5:20 PM
To: Clark, Lucy
Cc: dmarcus@9-llcommission.gov; Adam.Ciongoli@usdoj.gov; Straus,
Brandon; team7@9-llcommission.gov
Subject: Re: TSA Document Request

Lucy -- Thanks for your email letter and for your assistance in responding so
quickly to our first request for documents. I think you have accurately
captured our agreement about how to proceed. As for any non-disclosure
agreements, Dan and I would like to review those before any staff members are
asked to sign. If you or Brandon could fax a copy of the form to us at fax
number 202-296-5545, we will take a look at it and then get back to you with
any questions or concerns. Thanks again for staying on top of this, and good
luck with the TOPOFF exercise. Steve

Quoting "Clark, Lucy" <Lucy .Clark@DHS .GOV> :

> Steve -
>
> My apologies for using email as opposed to writing a letter; we
> are at the beginning of the TOPOFF exercise so time is short here and I
> am availing myself of the easier medium.
>
> I write to thank you for your patience with respect to the TSA
> document request. I much appreciate your willingness to give us a
> couple more days to comply with the re'quest.

http://kinesis.swishmail.com/webmail/imp/message.php?Horde=4d5a2d2c6e7c8222fa4c9c6d... 5/13/03
 :: INBOX: RE: TSA Document Request Page 2 of 2

> As I understand it, we are proceeding as follows: 9-11

> Commission staff will go to TSA tomorrow to begin reviewing the
> approximately 20 binders of documents collected so far in response to
> the request. (Brandon Straus is calling Sam Brinkley to arrange this).
> TSA is still looking for responsive documents, so these binders do not
> necessarily encompass the total TSA production. 9-11 staff will review
> the documents at TSA and request copies of any documents that they wish
> duplicates of, which will be provided subject to appropriate procedures
> necessary to protect sensitive and/or classified information (as we
> discussed on Friday). (We did not discuss 9-11 staff signing
> non-disclosure agreements, but I am assuming that will not be a problem
> for you. If it is, please do not hesitate to give me a call).
>
> DOJ attorneys are reviewing the TSA index of documents, so they
> may yet pull some documents based on privilege. If they do so, we will
> let you know so that you and Adam can discuss the reasons for this at
> your meeting tomorrow afternoon.
>
> I will be in a meeting with the Secretary from 4:30 to 5:30 but
> otherwise available. Please do not hesitate to contact me with any
> questions and, again, many thanks for your patience and consideration in
> this process.
>
> Sincerely,
>
> /s/
> Lucy Clark
> Chief Legal Counselor
>
> cc: Daniel Marcus
> Adam Ciongoli
> Brandon Straus

Delete I Reply I Reply to All I Forward I Redirect I Blacklist I Message Source I Resume I Save as I Print Back to INBOX
Move I Copy [This message jg

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Mail:: INBOX: TSA Document Request Page 1 of 2

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Delete I Reply I Reply to All I Forward I Redirect I Blacklist I Message Source I Resume I Save as I Print Back to INBOX ^3 ^
Date: Mon, 12 May 2003 16:04:13 -0400
From: "Clark, Lucy" <Lucy.Clark@DHS.GOV>4|
To: sdunne®9-11 commission.gov9
Cc: dmarcus@9-11commission.gov4f, Adam.Ciongoli@usdoj.gov4P, "Straus, Brandon"
<Brandon.Straus@dhs.gov>^f
Subject: TSA Document Request

Steve -

My apologies for using email as opposed to writing a letter; we

are at the beginning of the TOPOFF exercise so time is short here and I
am availing myself of the easier medium.

I write to thank you for your patience with respect to the TSA
document request. I much appreciate your willingness to give us a
couple more days to comply with the request.

As I understand it, we are proceeding as follows: 9-11

Commission staff will go to TSA tomorrow to begin reviewing the
approximately 20 binders of documents collected so far in response to
the request. (Brandon Straus is calling Sam Brinkley to arrange this).
TSA is still looking for responsive documents, so these binders do not
necessarily encompass the total TSA production. 9-11 staff will review
the documents at TSA and request copies of any documents that they wish
duplicates of, which will be provided subject to appropriate procedures
necessary to protect sensitive and/or classified information (as we
discussed on Friday). (We did not discuss 9-11 staff signing
non-disclosure agreements, but I am assuming that will not be a problem
for you. If it is, please do not hesitate to give me a call).

DOJ attorneys are reviewing the TSA index of documents, so they

may yet pull some documents based on privilege. If they do so, we will
let you know so that you and Adam can discuss the reasons for this at
your meeting tomorrow afternoon.

I will be in a meeting with the Secretary from 4:30 to 5:30 but

otherwise available. Please do not hesitate to contact me with any
questions and, again, many thanks for your patience and consideration in
this process.

Sincerely,

/si
Lucy Clark
Chief Legal Counselor

cc: Daniel Marcus

Adam Ciongoli
Brandon Straus

http://kinesis.swishmail.com/webmaiyimp/message.php?actionID=101&index=198&start=3 5/12/03
Mail:: INBOX: Hearing Documents and Interview Request Page 1 of 2

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Request (1 of 124) fi B
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Date: Wed, 30 Apr 2003 15:15:24 -0400
From: sbrinkley@9-11 commission.gov4P1
To: "ckojm® 9-11commission.gov" <ckojm@9-11commission.gov>^, "dmarcus@9-11commission.gov" <dmarcus@9
11commission.gov>#, "skaplan@9-11commission.gov" <skaplan@9-11commission.gov>4P, Philip Zelikow
<pzelikow@9-11 commission.gov> 9
Cc: Team 7 <team7@9-11commission.gov>#
Subject: Hearing Documents and Interview Request

Here is a list of the documents/equipment and persons that I think we will

need access to as part of the hearing preparation.

Documents/Equipment/Test Results

1. Primary Air Carrier Security Plans (e.g., UAL & AAL) in effect on 9/11/01
2. Airport Secuity Plans (Dulles, Logan, Newark) in effect on 9/11/01
3. Federal Aviation Regulations (FARs 107 & 108) and Civil Aviation Security
(CAS) Directives/Circulars in effect on 9/11/01
4. CAS procedural and training materials/guidance in effect on 9/11/01
5. PANAM 103 Commission CAS Recommendations and Implementation Actions
6. Gore Commission CAS Recommendations and Implementation Actions
7. FAA CAS Budget Requests for FY98-02
8. FAA CAS Threat and Security Assessment Procedures/Matrix in effect on
9/11/01
9. FAA CAS Red Team procedures, sample test items, and results between FY92-01
10. FAA CAS Test Items and procedures in effect on 9/11/01
11. After Action Reports from DOT, FAA, TSA and Air Carriers on the
effectiveness of the CAS system on 9/11/01

Interviews/Witnesses

Norm Mineta
Jane Garvey
Robert Baker
Ken Mead
Adm Loy
Jim Hall
O.K. Steele
Mary Schiavo
Stephen Flynn
Gen Eberhart
LTG Canavan
Carol Hallett
Ray Kelly
RAdm Busick
Brian Jenkins
Federal Security Officers at Dulles, Newark, Logan on 9/11/01
Lynne Osmus
Bruce Butterworth
Corporate Security Directors for AAL and UAL on 9/11/01
RAdm Irish Flynn

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Claudio Mano
Gerald Dillingham
Bogdan Dzakovic
Airport Security Directors for Dulles, Newark, and Logan on 9/11/01

These are not in a specific priority because I think we will have to touch
base with all/all of these over the next two weeks, which will require
identification of very specific issues to be addressed (hearing objectives and
other documents we might need) with the caveat that we may well need to talk
to personnel again later or request more documents.

Sam

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