August 20, 2004

Thomas H. Kean
The Honorable John W. Carlin
CHAIR Archivist of the United States
National Archives and Records Administration
Lee H. Hamilton
VICE CHAIR 8601 Adelphi Road
College Park, MD 20740
Richard Ben-Veniste

Fred F. Fielding Dear Mr. Carlin:

Jamie S. Gorelick When the National Commission on Terrorist Attacks Upon the United States
Slade Gorton
(the "Commission") terminates, by statute, on August 21, 2004, the records of
the Commission will be transferred to the National Archives and Records
Bob Kerrey Administration (NARA) for preservation and public access. This letter sets
forth the Commission's continued interest in government and public access to
John F. Lehman
information created or gathered during its investigation and establishes criteria
Timothy J. Roemer under which these records will be made available.
James R. Thompson The Commission has established a policy of making available to the public as
much information as possible, while safeguarding national security, personal
Philip D. Zelikow privacy, intelligence, law enforcement, and other sensitive information. The
EXECUTIVE DIRECTOR
Commission's final report is highly detailed and discloses a significant
amount of previously classified material. In addition, the Commission has
released through its website many supplemental documents, including staff
statements, witness statements, transcripts, and press releases. All of the
records and information that the Commission has made available to the public
should continue to be made publicly available by NARA. This includes the
records that are accessible on the Commission's website, which NARA will
maintain after August 21, 2004. Because the Commission was established in
the legislative branch, its records have not been subject to the Freedom of
Information Act (FOIA), and we understand that the FOIA will not apply to
Commission records even after they are transferred to NARA.

Commission records not already publicly available should be made available

to the public, to the greatest extent possible consistent with the terms of this
letter, beginning on January 2, 2009. The Commission encourages NARA to
conduct a systematic review of the records that are not currently available to
the public with the goal of releasing to the public as much information as is
allowable by law and regulation on January 2, 2009, or as soon thereafter as
possible. In the course of this review, NARA should refer to the originating
agencies copies of records that remain classified and request a review for
declassification by January 2, 2009, or as soon thereafter as is possible.
Records should not be disclosed if they (a) contain information that continues
to be classified; (b) disclose private information that the Commission agreed

301 7th Street SW, Room 5125 26 Federal Plaza

Washington, DC 20407 Suite 13-100
T 202.331.4060 F 202.296.5545 New York, NY 10278
www.9-llcommission.gov T 212.264.1505 F 212.264.1595
Hon. John W. Carlin
August 20, 2004
Page 2

to protect from public disclosure; or (c) are otherwise barred from public
disclosure by law, as determined by the Archivist.

We understand that there will be an initial period of at least several months

during which NARA's staff will be organizing and processing the
Commission's records. During this period, access to the records should be
provided to the ten members of the Commission and the following members
of the Commission staff: Philip Zelikow, Daniel Marcus, Christopher Kojm,
Steven Dunne, Dietrich Snell, Dianna Campagna, Stephanie Kaplan, and
Tracy Shycoff. In addition, certain administrative staff of the Commission
may have access as part of their duties to transfer the records to NARA. It is
important that the ten Commissioners and the designated members of the
Commission staff have continuing access to the Commission's records once
the records are transferred to NARA, both during and after this initial
processing period.

Only individuals with the necessary clearances may have access to classified
Commission records, and all instructions in this letter should be interpreted to
conform with applicable laws and regulations regarding access to, and
handling of, classified materials.

Thank you for your cooperation in carrying out the important task of
preserving and providing access to the Commission's voluminous records.

Yours sincerely,

Thomas H. Kean Lee H. Hamilton

Chair Vice Chair
Thomas H. Kean
CHAIR
August 20, 2004
Lee H. Hamilton
VICE CHAIR
Gary M. Stern
Richard Ben-Veniste General Counsel
Fred F. Fielding
National Archives and Records Administration
8601 Adelphi Road
Jamie S. Gorelick College Park, MD 20740-6001
Slade Gorton
Dear Mr. Stern:
Bob Kerrey
As you know, the Chair and Vice Chair of the National Commission on Terrorist
John F. Lehman Attacks Upon the United States have written to the Archivist of the United States
Timothy J. Roemer regarding the conditions for access to Commission records after the Commission
terminates, by statute, on August 21, 2004. As mentioned in their letter, the
James R. Thompson Commission agreed to protect from public disclosure certain private information
that it collected during its investigation.
Philip D. Zelikow
EXECUTIVE DIRECTOR Such private information falls into several categories. First, it includes Commission
records to the extent they reveal names or other personal information relating to
victims of the terrorist attacks on September 11, 2001, or firefighters, police
officers, and other responders to those attacks. Second, it includes Commission
records of interviews and briefings provided by employees of the Federal Bureau of
Investigation, the Department of Defense, and the Federal Aviation Administration,
to the extent they reveal names or other personal information relating to working-
level employees. Third, it includes Commission records of interviews and briefings
provided by employees of Central Intelligence Agency and the State Department, as
well as documents provided to the Commission by the Central Intelligence Agency
and the State Department, to the extent they reveal names or other personal
information relating to working-level employees. Fourth, it includes Commission
records to the extent they disclose names or other personal information relating to
confidential sources who provided information to the Commission or to other U.S.
government agencies. Fifth, it includes traditional personal privacy information
relating to Commissioners and Commission staff, such as social security numbers
and personal addresses and phone numbers. Except to the extent such information
has already been publicly disclosed by the Commission, or appropriate consent is
obtained by NARA to disclose such information to the public when other
Commission records become publicly available, such private information should
not be released to the public for a period of at least 25 years.

301 7th Street SW, Room 5125 26 Federal Plaza

Washington, DC 20407 Suite 13-100
T 202.331.4060 F 202.296.5545 New York, NY 10278
www.9-llcommission.gov T 212.264.1505 F 212.264.1595
Gary M. Stern
August 20, 2004
Page 2

Please let me know if you have any questions about this important issue, and thank
you for your valuable assistance to the Commission on issues relating to the
preservation of Commission records and access to those records.

Yours sincerely,

)aniel Marcus
General Counsel
 CORRESPONDENCE REGARDING PRIVACY ISSUES

DEPARTMENT OF DEFENSE
Letter from Daniel Marcus to Dr. Stephen A. Cambone dated 7/29/03

FEDERAL BUREAU OF INVESTIGATION

Letter from Patrick M. O'Brien to Daniel Marcus dated 7/3/03

DEPARTMENT OF JUSTICE
Letter from Philip Zelikow and Daniel Marcus to Adam Ciongoli dated 7/1/03
Letter from Daniel Levin to Philip Zelikow and Daniel Marcus dated 7/11/03
Letter from Daniel Levin to Philip Zelikow, Daniel Marcus, and Steve Dunne dated 7/24/03
Letter from Daniel Marcus to Daniel Levin dated 7/28/03
Letter from Daniel Levin to Philip Zelikow, Daniel Marcus, and Steve Dunne dated 7/29/03

CITY OF NEW YORK

Letter from Daniel Marcus to Gary Shaffer dated 9/23/03

Agreement Among the National Institute of Standards and Technology and the National
Commission on Terrorist Attacks Upon the United States and The City of New York dated
10/28/03

Agreement Between the National Commission on Terrorist Attacks Upon the United States
and The City of New York dated 12/3/03

SECURITIES AND EXCHANGE COMMISSION

Letter from Daniel Marcus to Richard M. Humes dated 7/16/03
Letter from Richard M. Humes to Daniel Marcus dated 7/22/03
Letter from Melinda Hardy to Daniel Marcus dated 11/4/03
Letter from Melinda Hardy to Douglas Greenburg dated 11/17/03
Letter from Celia L. Jacoby to Dianna Campagna dated 8/6/04

DEPARTMENT OF STATE
Letter from Daniel Marcus to Karl Hofrnann dated 8/14/03
Letter from Daniel Marcus to Karl Hofrnann dated 8/15/03
Memorandum from Karl Hofrnann to Daniel Marcus dated 8/22/03
Letter from Daniel Marcus to Karl Hofrnann dated 1/23/04
Letter from Karl Hofrnann to Daniel Marcus dated 3/10/04
Email from Jamison Borek to Dianna Campagna dated 7/9/04
Email from Jamison Borek to Dianna Campagna dated 7/12/04
Email from Jamison Borek to Dianna Campagna dated 7/13/04
Rational at College Park
8601 Adelphi Road College Park, Maryland 20740-6001

Mr. Thomas H. Kean, Chair

Mr. Lee H. Hamilton, Vice Chair
The National Commission on Terrorist Attacks Upon the United States
301 7th Street SW
Room 5125
Washington, DC 20407

Dear Messrs. Kean and Hamilton:

Thank you for your letter of June 8, 2004, concerning copies of documents loaned to,
reviewed by, or briefed to the Commission and staff. You asked us to work with
the relevant agencies to ensure that those files are preserved. We are already
working in that direction and your letter will be of immeasurable help in successful
completion of that effort.

We look forward to a continued fruitful relationship with Commission staff on this

and other records-related issues. Please contact Paul M. Wester, Jr., Director of the
Life Cycle Management Division, on 301-837-3120 if you have any questions.

Sincerely,

HN W. CARLIN
'chivist of the United States

National Archives and Records Administration

Thomas H. Kean June 8,2004
CHAIR

Lee H. Hamilton
VICE CHAIR
The Honorable John W. Carlin
Richard Ben-Veniste Archivist of the United States
National Archives and Records Administration
Fred F. Fielding
8601 Adelphi Road
Jamie S. Gorelick College Park, MD 20740-6001

Slade Gorton Dear Governor Carlin:

Bob Kerrey
The National Commission on Terrorist Attacks Upon the United States is beginning
John F. Lehman the process of writing its final report and closing operations. As part of that effort, we
are working with staff of your agency to ensure that those of our records that warrant
Timothy J. Roemer
preservation are transferred to the National Archives at the end of our work. As you
James R. Thompson know, we have received from numerous agencies copies of relevant documents and
they have been incorporated into our files that will be transferred to your custody.
Philip D. Zelikow
EXECUTIVE DIRECTOR In addition, some agencies either loaned us copies of documents, allowed us to review
documents in their offices, or briefed us on the contents of some documents. Those
documents have not been incorporated into our files, but they tell an important part of
the September 11 tragedy and will be critical for understanding the work, conclusions,
and recommendations of the Commission.

Accordingly, we urge you to work with those agencies to ensure that the collections of
records that were loaned, shown, or briefed to the Commission and its staff are
preserved by the agencies and transferred to NARA to be maintained as ancillary files
to those of the Commission.

Please let us know if there is anything we can do to assist you in accomplishing this
goal.

Sincerely,

Thomas H. Kean Lee H. Hamilton

Chair Vice Chair

cc: Gary Stern, National Archives and Records Administration

301 7th Street SW, Room 5125 26 Federal Plaza

Washington, DC 20407 Suite 13400
T 202.331.4060 F 202.296.5545 New York, NY 10278
www.9-1 lcommission.gov T 212.264.1505 F 212.264.1595
Dianna Campagna
From: David Langbart [david.langbart@nara.gov]
Sent: Monday, March 29, 2004 11:23 AM
To: Dianna Campagna
Subject: Draft Schedule

911.commission.11911.commission.ll
5.cover.doc (... 5.items.doc (...
Dianna:

Here is SF 115, Request for Disposition Authority, and the continuation pages that make up
the schedule for the Commission. The next step is for you to sign and date block 6 and to
submit the original, plus one copy, to me. At that point, I will carry out the formal
appraisal which will require at least one more visit to your offices.

Please mail the completed form to me at:

NWML, Room 2200
National Archives
8601 Adelphi Road
College Park, MD 20740-6001

Thanks again for all your cooperation. Please let me know if you have any questions.
David A. Langbart
Life Cycle Management Division
 JOB NUMBER
BEQUEST FOR RECORDS DISPOSITION AUTHORITY

To: NATIONAL ARCHIVES & RECORDS ADMINISTRATION Date received

8601 ADELPHI ROAD COLLEGE PARK, MD 20740-6001
1. FROM (Agency or establishment) NOTIFICATION TO AGENCY
National Commission on Terrorist Attacks Upon the United States
2. MAJOR SUBDIVISION In accordance with the provisions of 44 U.S.C. 3303a, the
disposition request, including amendments, is approved
except for items that may be marked "disposition not
3. MINOR SUBDIVISION approved" or "withdrawn" in column 10.

4. NAME OF PERSON WITH WHOM TO CONFER 5' TELEPHONE NUMBER DATE ARCHIVIST OF THE UNITED STATES

6. AGENCY CERTIFICATION
I hereby certify that I am authorized to act for this agency in matters pertaining to the disposition of its records and that the
records proposed for disposal on the attached page(s) are not needed now for the business for this agency or will not be
needed after the retention periods specified; and that written concurrence from the General Accounting Office, under the
provisions of Title 8 of the GAO Manual for Guidance of Federal Agencies,

is not required I I is attached; or I I has been requested.

DATE SIGNATURE OF AGENCY REPRESENTATIVE TITLE

9. GRS OR
7. ITEM NO. 10. ACTION TAKEN
8. DESCRIPTION OF ITEM AND PROPOSED DISPOSITION SUPERSEDED JOB
(NARA USE ONLY)
CITATION

See attached pages.

115-109 PREVIOUS EDITION NOT USABLE STANDARD FORM 115 (REV. 3-91)
Prescribed by NARA 36 CFR 1228
1. Commission Master File. Arranged numerically by assigned number.
Correspondence memorandums, memorandums for the record, copies of documents, and
other materials relating to the work and activities of the commission.

a. Paper Files

Disposition: PERMANENT. Transfer to the National Archives upon termination of

Commission.

b. Electronic Index

Disposition: PERMANENT. Transfer to the National Archives upon termination of

Commission.

2. Document Management System. Scanned images of selected documents relevant to the

commission's investigation along with electronic finding aid.

Disposition: PERMANENT. Transfer to the National Archives upon termination of

Commission.

3. Memorandums for Record. Arranged alphabetically by name. Memorandums of

interviews conducted by commission staff and log.

Disposition: PERMANENT. Transfer to the National Archives upon termination of

Commission.

4. Document Requests. Arranged by agency. Requests to agencies for copies of

documents and responses with log.

Disposition: PERMANENT. Transfer to the National Archives upon termination of

Commission.

5. Interview Requests. Arranged by agency. Requests to agencies for interviews

and log.

Disposition: PERMANENT. Transfer to the National Archives upon termination of

Commission.
6. Chronological Files. Arranged chronologically. Copies of outgoing
communications of the commission.

Disposition: PERMANENT. Transfer to the National Archives upon termination of

Commission.

7. Commission Meeting Briefing Books. Briefing materials prepared for

commission meetings. Includes minutes of previous meeting.

Disposition: PERMANENT. Transfer to the National Archives upon termination of

Commission.

8. Public Hearings.
a. Briefing Books. Briefing materials for use in public hearings.

Disposition: PERMANENT. Transfer to the National Archives upon termination of

Commission.

b. Transcripts of Public Hearings

1. Hardcopy

Disposition: PERMANENT. Transfer to the National Archives upon termination of

Commission.

2. CD

Disposition: Temporary. Destroy upon termination of Commission.

9. Final Report.
a. Classified. Substantive drafts and copy of classified final report.

Disposition: PERMANENT. Transfer to the National Archives upon termination of

Commission.

b. Unclassified. Substantive drafts and copy of unclassified final report.

Disposition: PERMANENT. Transfer to the National Archives upon termination of

Commission.
10. Public Correspondence. Arranged alphabetically. Correspondence
received from the public concerning the work and activities of the commission.

Disposition: PERMANENT. Transfer to the National Archives upon termination of

Commission.

11. Commissioners' Files. Correspondence, memorandums, drafts, notes

gathered at other agencies, copies of documents, and other material relating to the
work and activities of the commission.

Disposition: PERMANENT. Transfer to the National Archives upon termination of

Commission.

12. Executive Director/Deputy Executive Director Files. Correspondence,

memorandums, drafts, notes gathered at other agencies, copies of documents, and
other material relating to the work and activities of the commission.

Disposition: PERMANENT. Transfer to the National Archives upon termination of

Commission.

13. Staff/Team Files. Correspondence, memorandums, drafts, notes gathered

at other agencies, copies of documents, and other material relating to the
work and activities of the commission's work teams, including the General Counsel.

Disposition: PERMANENT. Transfer to the National Archives upon termination of

Commission.

14. Audio, Video, and Data Recordings. Audio, video, and data recordings of public hearings,
interviews, flight information, and exhibits.

Disposition: PERMANENT. Transfer to the National Archives upon termination of

Commission.

15. Web Page.

a. Snapshot and documentation required for maintenance and access.

Disposition: PERMANENT. Transfer to the National Archives upon termination of

Commission.
b. Website

Disposition: Temporary. Destroy upon termination of Commission.

c. Design, management, and technical operation records not necessary for maintenance and
access of the snap shot.

Disposition: Temporary. Destroy upon termination of Commission.

16. E-mail.

Disposition: PERMANENT. Transfer to the National Archives upon termination of

Commission.

17. Word Processing.

Disposition: Temporary. Destroy upon termination of Commission.