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AGREEMENT TO TRANSFER RECORDS TO 1 INTER1M CONTROL NO <NAM Use omy)

THE NATIONAL ARCHIVES OF THE UNITED STATES


TERMS OF AGREEMENT

The records described below and on the attached pages are deposited in the National on the use of records in the National Archives of the United States that have been published in 36
CFR Part 1256 or in the Guide to the National Archives of the United States. The Archivist may
destroy, donate, or otherwise dispose of any containers, duplicate copies, unused forms, blank
stationery, nonarchival printed or processed material, or other non-record material in any manner
authorized by law or regulation. Without further consent, the Archivist may destroy deteriorating or
In accordance with 44 U.S.C. 2108, custody of these records becomes the responsibility of the damaged documents after they have copied in a form that retains all of the information in the
Archivist of the United States at the time of transfer of the records. It is agreed that these records original document. The Archivist will use the General Records Schedule and any applicable
will be administered in accordance with the provisions of 44 U.S.C. Chapter 21 , 36 CFR XII, 36 records disposition schedule (SF 115) of the transferring agency to dispose of nonarchival
CFR Part 1 256, and such other rules and regulations as may be prescribed by the Archivist of the materials contained in this deposit.
United States (The Archivist). Unless specified and justified below, no restrictions of the use of
these records will be imposed other than the general and specific restriction

2A. AGENCY-APPROVAL '^ f 3A. NARA APPROVAL

Signature //O^MfcZ^^ Date ^MO1^ Signature Date

28. NAMEXm-E, MAILING ADDRESS 3B. NAME, TITLE, MAILING ADDRESS


Daniel Marcus, General Counsel Richard Hunt
National Commission on Terrorist Attacks Upon the United States Director, Center for Legislative Archives
301 7* St, SW Rm. 8E
Washington, DC 20407 Washington, DC 20408

RECORDS INFORMATION

4A. RECORDS SERIES TITLE Records of the National Commission on Terrorist Attacks Upon the United States

4B. DATE SPAN OF SERIES (Attach any additional description)

5A. AGENCY OR ESTABLISHMENT 9. PHYSICAL FORMS


X Paper Documents Posters
National Commission on Terrorist Attacks Uoon the United States
X Paper Publications X Maps and Charts
5B. AGENCY MAJOR SUBDIVISION Microfilm/Microfiche X Arch/Eng Drawings
X Electronic Records X Motion/Sound/Video
X Photographs Other (specify):
5C. AGENCY MINOR SUBDIVISION

5D. UNIT THAT CREATED RECORDS 10. VOLUME: CONTAINERS:


National Commission on Terrorist Attacks Upon the United States Cu. Mtr: Cu.Ft: Number: Type: FRC

5E. AGENCY PERSON WITH WHOM TO CONFER ABOUT THE RECORDS 1 1 . DATE RECORDS ELIGIBLE FOR TRANSFER TO THE ARCHIVES
Name: Dianna Campagna Auoust 21 . 2004
Telephone Number: 202-331-4082 12. ARE RECORDS FULLY AVAILABLE FOR PUBLIC USE?

YES X NO (If no, attach limits on use and justification) See attached
6. DISPOSITION AUTHORITY:
N1-148-04-01 letters

7. IS SECURITY CLASSIFIED INFORMATION PRESENT? NO X YES 13. ARE RECORDS SUBJECT TO THE PRIVACY ACT?
LEVEL: Confidential Secret X TOD Secret
SPECIAL MARKINGS: RD/FRD X SCI NATO (If yes, cite Agency System Number and Federal
Other _YES X NO Register volume and page number of most
INFORMATION STATUS: Segregated Declassified recent notice and attach a copy of this notice.)

8. CURRENT LOCATION OF RECORDS


X Agency (Complete 8A only)
Federal Records Center (Complete 8B only) 14. ATTACHMENTS
Agency Manual Except Listing of Records Transferred
8A. ADDRESS: Additional Description NA Form 14097 or Equivalent
301 7th St., SW Privacy Act Notice Microform Inspection Report
Washington, DC 20407 Other (specify): SF(s)135

8B. FRC ACCESSION NUMBER CONTAINER NUMBERS FRC LOCATION

NARA PROVIDES

15. SHIPPING INSTRUCTIONS TO AGENCIES/REMARKS REGARDING DISPOSITION RG

16. RECORDS ACCEPTED INTO THE NATIONAL ARCHIVES OF THE UNITED STATES 17. NATIONAL ARCHIVES ACCESSION NO.

Signature Date

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION SF 258 (9/95)


Prescribed by NARA 36 CFR 1228
06/17/2004 13:55 FAX 202 544 8307 AMERICAN HISTORICAL 1001/002

National
Coalition for
History
Dr. Bruco Craig
Director
Members
American Historical Association
Organization at American Historians
Society ol American Archrvists National Coalition for History
ABC-CLIO
Southern Historical Association 400 A Street S.E. Washington B.C. 20003
Society lor Military History
Society for Historians of
American Foreign Relations
National Council on Public History
American Studies Association
American Council of Learned Societies
FAX TRANSMISSION
American Association tor
State and Local History
The History Channel
American Political Science Association Date: \~\: Bruce Craig, Director
Western History Association
Phi Alpha Theta
Society (or History in the
Federal Government
Mid-Atlantic Regional Archivts
Conference
E-mail: rbcraig@historvcoantion.org
Association for Documentary Editing
History Associates, Inc.
Society for History Education National Coalition for History
Agricultural History Society
H-Net, Humanities On-line 400 A St., SE
Coordinating Council for Woman
in History Washington, DC 20003
History of Science Society
Federation of State Humanities Councils Fax - (202) 544-8307
American Association for the
History of Medicine Voice - (202) 544-2422 ext. 116
Midwest Archives Conference
Society for the History of Technology
New England Historical Association
Society of Ohio Archivists To: Dowel
Berkshire Conference of Woman
Historians
Peace History Society
Immigration and Ethnic History Society Phone: (2o".C)
German Studies Aaaociation
American Society for Environmental
History
Omohundra Institute of Early Message:
American History and Culture
Conference Group for
Central European Hiatery
Polish American Historical Association
American Library AisocWtion-
Library History Round Table
National Association of Government
Archives and Records Administrators
Oral History Association
American Society for Legal History
Council on America's MrStsry Peat
Economic History Association
Women Historians of the Midwest
Institute for Historical Study
New England Archivists
Society of Georgia Archivists
Southern Association for Women
Historians
Society of Southwest Archivists
Society for Historians of the
Early American Republic
Community College Humanities
Association
Urban History Association
Western Association of Woman
Historians
Society of California Archivists
The Business History Conference
Society for Spanish and Portuguese
Historical Studies Total Pages Transmitted (including this cover sheet)
California Council for the
Promotion of History
Society for Historians of the
Gilded Age and Progressive Era
2004 13:56 FAX 202 544 8307 AMERICAN HISTORICAL 1002/002

NATIONAL COALITION FOR HISTORY


Executive Offices: 400 A Street. SE
Washington, D.C. 20003
(202) 544-2422 ext. 116 • Fax: (202) 544-8307
Webpage: http://www2.h-net.msu.edu/~nch/ • e-mail: rbcraig@historycoalitbn.org

Daniel Marcus 17 June 2004


301 7th St. SW, Room 5125
Washington, D.C. 2040?

Dear Mr. Marcus:

At the most recent meeting of the Advisory Committee on the Records of Congress, 7 June 2004,
Richard Hunt, the director of the Center for Legislative Archives announced that the National
Commission on Terrorist Attacks Upon the United States will complete its report and shut down
operations in July 2004. In August or September or shortly thereafter, the National Archives and
Records Administration (NARA) will be receiving from the Commission what we anticipate will be
thousands of pages of documents as well as electronic records, interviews, and audio collections that
have.been generated during the Commission's investigation. During the aforementioned meeting of the
Advisory Committee, Deputy Archivist Michael Kurtz declared that a top priority of NARA would be to
work with the Commission to create guidelines for the public dissemination of these records that would
"protect the classified n.ature of the documents as well as the privacy of individuals mentioned within
their context."

The National Coalition lor History is a 501 (c) 3 non-profit organization that represents the interests of the
historical and archival communities on Capitol Hill. As you can well expect, several of our member
organizations have expressed interest and concern over the guidelines that will be prepared and applied
to the records of the Commission. I anticipate that many individual historians, political scientists,
journalists, and independent scholars will have a high degree of interest in these records and will be
seeking access to them as soon as possible.

With this in mind.jthe National j^gajjtignfor History requests a meetingwith you and/or appropriate staff
to discussJUie guidelines that the Commission will oe prepanngrin cooperation with NARA thaugjaie to
this irjiportantrecord group. Because of the pending appointment of a new Archivist of ttie UnitecTStates
(Professor Allen Weinstein's name has been advanced to the Senate by the White House to replace
current Archivist John Carlin), such a meeting to discuss the guidelines is especially important to our
community at this particular time. I'm sure that such a meeting would probably prove useful to all parties
concerned.

Please give me a call (202.544-2422 #116) or contact me via e-mail (rbcraig@historycoalition.org) at


your earliest convenierce so that I can pull together a small group of three to four interested parties
representing our member organizations who would like to meet with you in the very near future regarding
this issue of concern.

Sustaining Supporters: American Association for State and Local History; American Council of Learned Societies; American Historical Association; American Political
Science Association; American Studies Asso sialion; Council of State Historical Records Coordinators; The History Channel; Midwest Archives Conference; National
Council on Public History/iUPUl Department of History; Organization of American Historians; Society of American Archivists; Society for Historians of American Foreign
Relations; Society for Military History: Southern Historical Association. Institution*! Supporter*: Association For Documentary Editing; Gilder Lehrman Institute of
American History; History Associates, Inc.; Society for History in the Federal Government; Society of American Historians; Western History Association. Contributing
Supporter*: Over fifty other historical and at ;hiv/al organizations
U4>

Thomas H. Kean
CHAIR August 20, 2004
Lee H. Hamilton
VICE CHAIR Marc S. Moller, Esq.
Kreindler & Kreindler LLP
Richard Ben-Veniste
100 Park Avenue
Fred F. Fielding New York, NY 10017-5590
Jamie S. Gorelick
Dear Mr. Moller:
Slade Gorton
We have received your letter dated August 13, 2004, requesting access to
Bob Kerrey
certain materials referenced in the Final Report of the National Commission
John F. Lehman on Terrorist Attacks Upon the United States (the "Commission"). Contrary to
your assumption, the materials referenced in the Final Report have not been
Timothy J. Roemer
made available for public examination. Future public access to the
James R. Thompson Commission's records is addressed in a statement the Commission issued
earlier today; that statement is available on the Commission's website,
Philip D. Zelikow
www. 9-1 lcommission.gov.
EXECUTIVE DIRECTOR
Pursuant to statute, the Commission terminates tomorrow, August 21, 2004.
As of that date, all of the Commission's records will be in the custody of the
National Archives and Records Administration (NARA). We suggest that you
contact the General Counsel of NARA regarding any future requests.

Yours sincerely,

Daniel Marcus
General Counsel

301 7* 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.9-1 lcommission.gov T 212.264.1505 F 212.264.1595
Page 1 of 1

Dan Marcus

From: Dan Marcus


Sent: Thursday, July 22, 2004 3:25 PM
To: Steve Dunne
Cc: Front Office; Dianna Campagna
Subject: Restrictions on Documents at NARA

Steve: as you draft our letter to NARA, I suggest the following candidates for inclusion in the category of
documents available to the public after the six-month processing period (as opposed to Jan. 2, 2009). All listed
items subject to classification exception of course, as well as any privacy deals we've made, and subject to NARA
judgments re privacy, deliberative process, law enforcement exceptions to FOIA:

Commission document requests and interview requests

Documents received from agencies and others

Commission subpoenas and responses thereto

Written testimony and transcripts of public hearings

Commission press releases and other publicly released announcements

[All internal memos, emails, drafts, minutes and correspondence with outsiders would be in the 2009 batch.]

Dianna may have some additional thoughts on what could be in the first tranche.

7/30/2004
MEMORANDUM FOR THE CHAIR AND VICE CHAIR

From: Front Office

Date: June 7, 2004

Subject: Public Release of Commission Records

When the Commission terminates on August 26, 2004, all of its records will be transferred to the
National Archives and Records Administration (NARA) for safekeeping and eventual release to
the public. Before we go out of business, we need to provide NARA with guidance as to when
the public and various groups should gain access to various types of Commission records. Dan,
Steve, and Dianna Campagna had a very useful meeting with NARA officials on this subject last
month. This memo outlines the most important access issues and recommends a Commission
position on each issue. That position would be set forth in a letter from the Chair and Vice Chair
to the Archivist of the United States specifying the conditions we want for access to our
documents.

Initial processing period: NARA recommended that we set aside an initial period of 6 months
during which there would be no access to Commission records (with the exception of
Commissioner and Commission staff access as discussed below) to provide NARA with
sufficient time to begin organizing and cataloguing our records without having to worry about
access requests. We recommend adopting this suggestion.

Records produced by others: In response to our document requests, the Commission has
received thousands of documents and other records from federal government agencies, as well as
documents from other government entities and private firms. As for unclassified records in this
category, we recommend release to the public (including researchers and the media) 5 years after
the Commission terminates, while asking NARA to withhold from public release for at least 25
years documents or portions of documents that raise significant privacy concerns. We may want
to leave to NARA's judgment whether to release, 5 years out, agency records that the agencies
have withheld from release because they are deliberative or concern law enforcement matters.
Many records the Commission collected are classified, and as to those we recommend release to
the public whenever they are declassified after the 5 year waiting period.

NARA also suggested that private access be available to each chamber of Congress and to
congressional committees (in practice, the Majority Leader, Speaker, and committee chairs) as
soon as the 6 month initial processing period is complete. This is apparently NARA's normal
practice for congressional access. NARA also suggested that Executive Branch officials on
official government business have the same access to these records. We agree with these
suggestions.

Records of Commission interviews: The Commission has tape recordings and transcripts of
some interviews, and memoranda for the record written by Commission staff of most interviews
and briefings. Many of our witnesses had an expectation that these interviews would not be

-1 -
made public in the near future. We recommend that these materials be released to the public 5
years after the Commission terminates, although records of interviews that involved classified
information would not be released until they are declassified. In addition, we recommend that
records of interviews involving personal privacy concerns (e.g., individual firefighters, survivors,
and victim family members) not be released for at least 25 years.

Internal Commission Materials: This category includes a wide range of materials, from minutes
of Commission meetings, briefing books, and Commissioners' files to email communications
ambng the Commissioners and staff, internal memosTSrafts of the finarTeporFSd~slaff
statements, and staff working files. Because of theUelittmtrve and-informal nature of much of
this material, anTBeCauseTEIs'is not primary historical evidence of the events we are
investigating, we recommend that this material (to the extent it is not classified) be released 10
years after the Commission terminates, except for formal minutes of Commission meetings and
binders prepared for Commissioners for meetings and hearings, which could be released after 5
years.

Document, Briefing, and Interview Requests and Correspondence: We would recommend


making correspondence to and from the Commission and all of our requests available to the
public in 5 years, or as soon thereafter as they are declassified.

Commissioner and staff access: We recommend that all Commissioners and just a few selected
staff (perhaps just Philip, Dan, and Chris) have access to all Commission materials at NARA as
soon as the Commission terminates, assuming they have the proper clearances. We are working
to have Commissioners' security clearances extended for at least six months after the
Commission terminates to facilitate such access.

Commission public materials and monographs: We recommend that NARA make all of the
Commission's public materials, such as the final report, unclassified monographs, staff
statements, transcripts of hearings, etc., available to the public as soon as the Commission
terminates, and that it make any classified monographs available to anyone who has the
necessary security clearances.

Website: We are making arrangements for the Commission's website to be maintained in a


"cyber cemetery," so that the final report, staff statements, transcripts of hearings, and other
Commission materials will be available to the public at all times over the internet.

Letter to agencies: One related issue tfiatNARA raisesUsTthat theyj are consideringo sendingf a
- v r ^ ^—;
letter from the Archivist of the United State&^ttfagencies, perhaps endorsed by the Chair and
-s^^ ^^
Vice Chair, asking each agency to segregate anuSo maintain records that were shown, made
available, or briefed to the Commission and/or its stMQmt were not physically produced to the
Commission. We believe this is/a good idea that we shouM-encourage. NARA's suggested
letter from the Chair and Vice Chair supporting such an effort is attached.

-2-
WITH DRAWAL NOTICE

RG: 148
Box: 00001 Folder: 0001 Document: 4
Series: Dan Marcus Files

Copies: 1 Pages: 3

ACCESS RESTRICTED

The item identified below has been withdrawn from this file:

Folder Title: Archives


Document Date: 11-25-2003
Document Type: Memorandum
From: Zelikow; Marcus
To: Monheim; Cunningham; Stern

Subject: Commission Requests for EOP Documents

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: 221
Withdrawn: 01-22-2008 by:

RETRIEVAL*: 221 00001 0001 4


NRTIDNRL flRCHIUES P.01

FAX TRANSMISSION
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
LIFE CYCLE MANAGEMENT DIVISION
8601 Adelphi Road
College Park, MD 20740-6001
301-837-3172
Fax: 301-837-3698

To: Steve Dunne Date: July 8,2004


Fax #: 202-296-5545 Pages: 26, including this cover sheet.
From: David A. Langbart, NWML
Subject: Letters

COMMENTS:

Steve-

Here are copies of the letters and the proposed schedule.

Please let me know if you have any questions.

David
rJUL-08-2004 07=00 NRTIONPIL flRCHIUES P. 02

JOB NUMBER
REQUEST FOR RECORDS DISPOSITION AUTHORITY

To: NATIONAL ARCHIVES & RECORDS ADMINISTRATION Date received


8601 ADELPHI ROAD COLLEGE PARK, MD 20740-6001
FROM (Agency or establishment) NOTIFICATION TO AGENCY

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 PI is attached; or l~l has been requested.


DATE SIGNATURE OF AGENCY REPRESENTATIVE TITLE

9. GRS OR 10. ACTION TAKEN


7. ITEM NO. 8. DESCRIPTION OF ITEM AND PROPOSED DISPOSITION SUPERSEDED JOB
(NARA USE ONLY)
CITATION

1. Collections of Documents Prepared for use


by the National Commission on Terrorist
Attacks Upon the United States ("9/11
Commission").

Copies of all documents loaned to the


National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission")
or shown or briefed to Commission members
or staff either at Commission offices or in
agency offices as source material for use
in studying the circumstances surrounding
the September 11, 2001, terrorist attacks,
including preparedness for and the
immediate response to the attacks, and
preparing its report.

PERMANENT. Retain as a segregated


collection. Transfer to the National
Archives when records of the Commission are
transferred.

115-109 PREVIOUS EDITION NOT USABLE STANDARD FORM 115 (REV. 3-91)
Prescribed by NARA 36 CFR 1228
fJUL-08-2004 07=00 NATIONAL PRCHIUES P. 03

JUL 72004

The Honorable
Donald H. Rumsfeld
The Secretary of Defense
The Pentagon
Washington, DC 20301-1155

Dear Mr. Secretary:

September 11,2001, is a pivotal moment in our history. The terrorist attacks on the
United States have had far-reaching effects on our country and the world, and,
therefore, the United States Government must preserve the fullest possible
documentation on those events. To that end, the National Archives and Records
Administration is working with the National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission") to ensure the proper disposition of its
records.

The Commission informs us that your agency, in addition to providing it with


copies of documents, also loaned to the Commission or made available to its staff in
your agency's offices certain documents that the Commission was not permitted to
retain. Those materials tell an important part of the story of September 11 and the
Commission's work. As you can see from the enclosed letter, the Commission has
urged us to ensure that those materials are preserved along with those of the
Commission.

We have determined that the collections of documents loaned to the Commission or


made available or briefed to Commission staff in your agency's offices must be
preserved as ancillary files to the records of the Commission itself. For your
convenience, we have prepared the enclosed SF115, Request for Records
Disposition Authority, to cover those records. Please have your records officer or
other designated official complete block 6, sign, date, and return the form to us
within 30 days of the date of this letter.

The proposed schedule calls for the transfer of the records when the records of the
Commission itself are transferred to the National Archives. That transfer will take
place within two months of the Commission issuing its final report. It is standard
rJUL-0B-2004 07=01 NfiTIONflL fiRCHIUES P. 04

practice for temporary commissions to transfer their records to the National


Archives upon termination. Since the materials held by your agency are so closely
related to the records of the Commission, we believe that it is appropriate that they
be transferred at the same time. This will also remove the burden of storing those
materials from your agency. If, however, transfer that soon is not possible, please
submit a revised SF 115 that provides a transfer date consistent with 44 USC
2107(2), which mandates the transfer of permanent records to NARA when no more
than 30 years old, unless the records are needed for day-to-day agency business.

We appreciate your cooperation in dealing with these significant files. Please


contact Paul M. Wester, Jr., Director of the Life Cycle Management Division, on 301-
837-3120 if you have any questions. David Langbart is handling our liaison with the
Commission. He can be reached on 301-837-3172.

Sincerely,

JOHN W. CARUN

JOHN W. CARLIN
Archivist of the United States

Enclosures

cc: Harold D. Neely, OSD Records Officer


Pat Downs, Commission Contact
rjUL-0S-2004 07=01 NflTIONPL fiRCHIUES P. 05

JUL 7 2004

The Honorable
Colin L. Powell
The Secretary of State
Washington, DC 20520

Dear Mr. Secretary:

September 11,2001, is a pivotal moment in our history. The terrorist attacks on the
United States have had far-reaching effects on our country and the world, and,
therefore, the United States Government must preserve the fullest possible
documentation on those events. To that end, the National Archives and Records
Administration is working with the National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission") to ensure the proper disposition of its
records.

The Commission informs us that your agency, in addition to providing it with


copies of documents, also loaned to the Commission or made available to its staff in
your agency's offices certain documents that the Commission was not permitted to
retain. Those materials tell an important part of the story of September 11 and the
Commission's work. As you can see from the enclosed letter, the Commission has
urged us to ensure that those materials are preserved along with those of the
Commission.

We have determined that the collections of documents loaned to the Commission or


made available or briefed to Commission staff in your agency's offices must be
preserved as ancillary files to the records of the Commission itself. For your
convenience, we have prepared the enclosed SF115, Request for Records
Disposition Authority, to cover those records. Please have your records officer or
other designated official complete block 6, sign, date, and return the form to us
within 30 days of the date of this letter.

The proposed schedule calls for the transfer of the records when the records of the
Commission itself are transferred to the National Archives. That transfer will take
place within two months of the Commission issuing its final report. It is standard
practice for temporary commissions to transfer their records to the National
JUL-08-2004 07:01 NATIONAL RRCHIUES P. 06

Archives upon termination. Since the materials held by your agency are so closely
related to the records of the Commission, we believe that it is appropriate that they
be transferred at the same time. This will also remove the burden of storing those
materials from your agency. If, however, transfer that soon is not possible, please
submit a revised SF115 that provides a transfer date consistent with 44 USC
2107(2), which mandates the transfer of permanent records to NARA when no more
than 30 years old, unless the records are needed for day-to-day agency business.

We appreciate your cooperation in dealing with these significant files. Please


contact Paul M. Wester, Jr., Director of the Life Cycle Management Division, on 301-
837-3120 if you have any questions. David Langbart is handling our liaison with the
Commission. He can be reached on 301-837-3172.

Sincerely,

JOHN W. CARLIN
Archivist of the United States

Enclosures

cc: Margaret G. Peppe, Department of State Records Officer


Karl Hofmann, Commission Contact
NRTIONflL RRCHIUES P. 07
3-2004 07 = 02

JUL 72004

The Honorable
Norman Y. Mineta
The Secretary of Transportation
Washington, DC 20590

Dear Mr. Secretary:

September 11,2001, is a pivotal moment in our history. The terrorist attacks on the
United States have had far-reaching effects on our country and the world, and,
therefore, the United States Government must preserve the fullest possible
documentation on those events. To that end, the National Archives and Records
Administration is working with the National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission") to ensure the proper disposition of its
records.

The Commission informs us that your agency, in addition to providing it with


copies of documents, also loaned to the Commission or made available to its staff in
your agency's offices certain documents that the Commission was not permitted to
retain. Those materials tell an important part of the story of September 11 and the
Commission's work. As you can see from the enclosed letter, the Commission has
urged us to ensure that those materials are preserved along with those of the
Commission.

We have determined that the collections of documents loaned to the Commission or


made available or briefed to Commission staff in your agency's offices must be
preserved as ancillary files to the records of the Commission itself. For your
convenience, we have prepared the enclosed SF115, Request for Records
Disposition Authority, to cover those records. Please have your records officer or
other designated official complete block 6, sign, date, and return the form to us
within 30 days of the date of this letter.

The proposed schedule calls for the transfer of the records when the records of the
Commission itself are transferred to the National Archives. That transfer will take
place within two months of the Commission issuing its final report. It is standard
practice for temporary commissions to transfer their records to the National
Archives upon termination. Since the materials held by your agency are so closely
.-08-2004 07:02 NPlTIONPL flRCHIUES P.08

related to the records of the Commission, we believe that it is appropriate that they
be transferred at the same time. This will also remove the burden of storing those
materials from your agency. If, however, transfer that soon is not possible, please
submit a revised SF115 that provides a transfer date consistent with 44 USC
2107(2), which mandates the transfer of permanent records to NARA when no more
than 30 years old, unless the records are needed for day-to-day agency business.

We appreciate your cooperation in dealing with these significant files. Please


contact Paul M. Wester, Jr., Director of the Life Cycle Management Division, on 301-
837-3120 if you have any questions. David Langbart is handling our liaison with the
Commission. He can be reached on 301-837-3172.

Sincerely/ --—-•
JOHN W, CAMS

JOHN W. CARLIN
Archivist of the United States

Enclosures

cc: Yvonne Coates, DOT Records Officer


Lindy Knapp, Commission Contact
.-08-2004 07:02 NfiTIONPL PRCHIUES P.09

JUL 7 2004

The Honorable
John W. Snow
The Secretary of the Treasury
Washington, DC 20220

Dear Mr. Secretary:

September II, 2001, is a pivotal moment in our history. The terrorist attacks on the
United States have had far-reaching effects on our country and the world, and,
therefore, the United States Government must preserve the fullest possible
documentation on those events. To that end, the National Archives and Records
Administration is working with the National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission") to ensure the proper disposition of its
records.

The Commission informs us that your agency, in addition to providing it with


copies of documents, also loaned to the Commission or made available to its staff in
your agency's offices certain documents that the Commission was not permitted to
retain. Those materials tell an important part of the story of September 11 and the
Commission's work. As you can see from the enclosed letter, the Commission has
urged us to ensure that those materials are preserved along with those of the
Commission.

We have determined that the collections of documents loaned to the Commission or


made available or briefed to Commission staff in your agency's offices must be
preserved as ancillary files to the records of the Commission itself. For your
convenience, we have prepared the enclosed SF115, Request for Records
Disposition Authority, to cover those records. Please have your records officer or
other designated official complete block 6, sign, date, and return the form to us
within 30 days of the date of this letter.

The proposed schedule calls for the transfer of the records when the records of the
Commission itself are transferred to the National Archives. That transfer will take
place within two months of the Commission issuing its final report. It is standard
practice for temporary commissions to transfer their records to the National
Archives upon termination. Since the materials held by your agency are so closely
^08-2004 07:03 NATIONAL fiRCHIUES P. 10

related to the records of the Commission, we believe that it is appropriate that they
be transferred at the same time. This will also remove the burden of storing those
materials from your agency. If, however, transfer that soon is not possible, please
submit a revised SF115 that provides a transfer date consistent with 44 USC
2107(2), which mandates the transfer of permanent records to NARA when no more
than 30 years old, unless the records are needed for day-to-day agency business.

We appreciate your cooperation in dealing with these significant files. Please


contact Paul M. Wester, Jr., Director of the Life Cycle Management Division, on 301-
837-3120 if you have any questions. David Langbart is handling our liaison with the
Commission. He can be reached on 301-837-3172.

Sincerely,

JOHN W. CARLIN
Archivist of the United States

Enclosures

cc: Veronica Marco, Department of the Treasury Records Officer


Tom McGivern, Commission Contact
0?:03 NflTIONflL RRCHIUES P. 11

JUL 7 2004

Mr. Tim Campen


Director, Office of Administration
Executive Office of the President
725 Seventeenth Street NW
Washington, DC 20503

Dear Mr. Campen:

September 11, 2001, is a pivotal moment in our history. The terrorist attacks on the
United States have had far-reaching effects on our country and the world, and,
therefore, the United States Government must preserve the fullest possible
documentation on those events. To that end, the National Archives and Records
Administration is working with the National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission") to ensure the proper disposition of its
records.

The Commission informs us that your agency, in addition to providing it with


copies of documents, also loaned to the Commission or made available to its staff in
your agency's offices certain documents that the Commission was not permitted to
retain. Those materials tell an important part of the story of September 11 and the
Commission's work. As you can see from the enclosed letter, the Commission has
urged us to ensure that those materials are preserved along with those of the
Commission.

We have determined that the collections of documents loaned to the Commission or


made available or briefed to Commission staff in your agency's offices must be
preserved as ancillary files to the records of the Commission itself. For your
convenience, we have prepared the enclosed SF115, Request for Records
Disposition Authority, to cover those records. Please have your records officer or
other designated official complete block 6, sign, date, and return the form to us
within 30 days of the date of this letter.

The proposed schedule calls for the transfer of the records when the records of the
Commission itself are transferred to the National Archives. That transfer will take
place within two months of the Commission issuing its final report. It is standard
practice for temporary commissions to transfer their records to the National
Archives upon termination. Since the materials held by your agency are so closely
3^2004 07:04 NflTIONPL flRCHIUES P. 12

related to the records of the Commission, we believe that it is appropriate that they
be transferred at the same time. This will also remove the burden of storing those
materials from your agency. If, however, transfer that soon is not possible, please
submit a revised SF115 that provides a transfer date consistent with 44 USC
2107(2), which mandates the transfer of permanent records to NARA when no more
than 30 years old, unless the records are needed for day-to-day agency business.

We appreciate your cooperation in dealing with these significant files. Please


contact Paul M. Wester, Jr., Director of the Life Cycle Management Division, on 301-
837-3120 if you have any questions. David Langbart is handling our liaison with the
Commission. He can be reached on 301-837-3172.

Sincerely,

JOHNW.CAFIUM
JOHN W. CARLIN
Archivist of the United States

Enclosures

cc: Markus K. Most, HOP Records Officer


Tom Monheim, Commission Contact
?:04 NRTIONflL flRCHIUES P.13

JUL 7 2004

The Honorable Robert S. Mueller III


Director
Federal Bureau of Investigation
Department of Justice
J. Edgar Hoover Building
Washington, DC 20534

Dear Director Mueller:

September 11,2001, is a pivotal moment in our history. The terrorist attacks on the
United States have had far-reaching effects on our country and the world, and,
therefore, the United States Government must preserve the fullest possible
documentation on those events. To that end, the National Archives and Records
Administration is working with the National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission") to ensure the proper disposition of its
records.

The Commission informs us that your agency, in addition to providing it with


copies of documents, also loaned to the Commission or made available to its staff in
your agency's offices certain documents that the Commission was not permitted to
retain. Those materials tell an important part of the story of September 11 and the
Commission's work. As you can see from the enclosed letter, the Commission has
urged us to ensure that those materials are preserved along with those of the
Commission.

We have determined that the collections of documents loaned to the Commission or


made available or briefed to Commission staff in your agency's offices must be
preserved as ancillary files to the records of the Commission itself. For your
convenience, we have prepared the enclosed SF115, Request for Records
Disposition Authority, to cover those records. Please have your records officer or
other designated official complete block 6, sign, date, and return the form to us
within 30 days of the date of this letter.

The proposed schedule calls for the transfer of the records when the records of the
Commission itself are transferred to the National Archives. That transfer will take
place within two months of the Commission issuing its final report. It is standard
L-08-2004 07 = 04 NflTIONPL RRCHIUES P. 14

practice for temporary commissions to transfer their records to the National


Archives upon termination. Since the materials held by your agency are so closely
related to the records of the Commission, we believe that it is appropriate that they
be transferred at the same time. This will also remove the burden of storing those
materials from your agency. If, however, transfer that soon is not possible, please
submit a revised SF115 that provides a transfer date consistent with 44 USC
2107(2), which mandates the transfer of permanent records to NARA when no more
than 30 years old, unless the records are needed for day-to-day agency business.

We appreciate your cooperation in dealing with these significant files. Please


contact Paul M. Wester, Jr., Director of the Life Cycle Management Division, on 301-
837-3120 if you have any questions. David Langbart is handling our liaison with the
Commission. He can be reached on 301-837-3172.

Sincerely,

JOHNW.CARLIN
Archivist of the United States

Enclosures

cc: William L. Hooton, FBI Records Officer


Pat OBrien, Commission Contact
^004 07:05 NFlTIONftL flRCHIUES

JUL 7Z004

Lt. Gen. Michael V. Hayden, USAF


Director
The National Security Agency
Suite 6242
Ft. Meade, MD 20755

Dear General Hayden:

September 11,2001, is a pivotal moment in our history. The terrorist attacks on the
United States have had far-reaching effects on our country and the world, and,
therefore, the United States Government must preserve the fullest possible
documentation on those events. To that end, the National Archives and Records
Administration is working with the National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission") to ensure the proper disposition of its
records.

The Commission informs us that your agency, in addition to providing it with


copies of documents, also loaned to the Commission or made available to its staff in
your agency's offices certain documents that the Commission was not permitted to
retain. Those materials tell an important part of the story of September 11 and the
Commission's work. As you can see from the enclosed letter, the Commission has
urged us to ensure that those materials are preserved along with those of the
Commission.

We have determined that the collections of documents loaned to the Commission or


made available or briefed to Commission staff in your agency's offices must be
preserved as ancillary files to the records of the Commission itself. For your
convenience, we have prepared the enclosed SF115, Request for Records
Disposition Authority, to cover those records. Please have your records officer or
other designated official complete block 6, sign, date, and return the form to us
within 30 days of the date of this letter.

The proposed schedule calls for the transfer of the records when the records of the
Commission itself are transferred to the National Archives. That transfer will take
place within two months of the Commission issuing its final report. It is standard
practice for temporary commissions to transfer their records to the National
NHI1UNHL HKCHlUbb P. IB

Archives upon termination. Since the materials held by your agency are so closely
related to the records of the Commission, we believe that it is appropriate that they
be transferred at the same time. This will also remove the burden of storing those
materials from your agency. If, however, transfer that soon is not possible, please
submit a revised SF115 that provides a transfer date consistent with 44 USC
2107(2), which mandates the transfer of permanent records to NARA when no more
than 30 years old, unless the records are needed for day-to-day agency business.

We appreciate your cooperation in dealing with these significant files. Please


contact Paul M. Wester, Jr., Director of the Life Cycle Management Division, on 301-
837-3120 if you have any questions. David Langbart is handling our liaison with the
Commission. He can be reached on 301-837-3172.

Sincerely,._,.- -..,,-_.

JOHN W. CARLIN
Archivist of the United States

Enclosures

cc: Louis F. Giles III, NSA Records Officer


Jonathan Lehner, Commission Contact
F2004 07:05 NfiTIONflL PRCHIUES P. 17

JUL 7 2004

The Honorable W. Ralph Basham


Director
United States Secret Service
950 H Street NW
Washington, DC 20223

Dear Director Basham:

September 11, 2001, is a pivotal moment in our history. The terrorist attacks on the
United States have had far-reaching effects on our country and the world, and,
therefore, the United States Government must preserve the fullest possible
documentation on those events. To that end, the National Archives and Records
Administration is working with the National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission") to ensure the proper disposition of its
records.

The Commission informs us that your agency, in addition to providing it with


copies of documents/also loaned to the Commission or made available to its staff in
your agency's offices certain documents that the Commission was not permitted to
retain. Those materials tell an important part of the story of September 11 and the
Commission's work. As you can see from the enclosed letter, the Commission has
urged us to ensure that those materials are preserved along with those of the
Commission.

We have determined that the collections of documents loaned to the Commission or


made available or briefed to Commission staff in your agency's offices must be
preserved as ancillary files to the records of the Commission itself. For your
convenience, we have prepared the enclosed SF115, Request for Records
Disposition Authority, to cover those records. Please have your records officer or
other designated official complete block 6, sign, date, and return the form to us
within 30 days of the date of this letter.

The proposed schedule calls for the transfer of the records when the records of the
Commission itself are transferred to the National Archives. That transfer will take
place within two months of the Commission issuing its final report. It is standard
practice for temporary commissions to transfer their records to the National
7UL-08-2004 07 = 06 NflTIONPlL PRO-HUES P. 18

Archives upon termination. Since the materials held by your agency are so closely
related to the records of the Commission, we believe that it is appropriate that they
be transferred at the same time. This will also remove the burden of storing those
materials from your agency. If, however, transfer that soon is not possible, please
submit a revised SF115 that provides a transfer date consistent with 44 USC
2107(2), which mandates the transfer of permanent records to NARA when no more
than 30 years old, unless the records are needed for day-to-day agency business.

We appreciate your cooperation in dealing with these significant files. Please


contact Paul M. Wester, Jr., Director of the Life Cycle Management Division, on 301-
837-3120 if you have any questions. David Langbart is handling our liaison with the
Commission. He can be reached on 301-837-3172.

Sincerely,

JOHN W. CARLIN
Archivist of the United States

Enclosures

cc: Wallace R. Keefe, Secret Service Records Officer


Paul Irving, Commission Contact
*fllL-0B-2004 07:06 NPtTIQNPL PRO-HUES P. 19

JUL 7 2QQ4

The Honorable William H. Donaldson


Chairman
Securities and Exchange Commission
Washington, DC 20549

Dear Chairman Donaldson:

September 11,2001, is a pivotal moment in our history. The terrorist attacks on the
United States have had far-reaching effects on our country and the world, and,
therefore, the United States Government must preserve the fullest possible
documentation on those events. To that end, the National Archives and Records
Administration is working with the National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission") to ensure the proper disposition of its
records.

The Commission informs us that your agency, in addition to providing it with


copies of documents, also loaned to the Commission or made available to its staff in
your agency's offices certain documents that the Commission was not permitted to
retain. Those materials tell an important part of the story of September 11 and the
Commission's work. As you can see from the enclosed letter, the Commission has
urged us to ensure that those materials are preserved along with those of the
Commission.

We have determined that the collections of documents loaned to the Commission or


made available or briefed to Commission staff in your agency's offices must be
preserved as ancillary files to the records of the Commission itself. For your
convenience, we have prepared the enclosed SF115, Request for Records
Disposition Authority, to cover those records. Please have your records officer or
other designated official complete block 6, sign, date, and return the form to us
within 30 days of the date of this letter.

The proposed schedule calls for the transfer of the records when the records of the
Commission itself are transferred to the National Archives. That transfer will take
place within two months of the Commission issuing its final report. It is standard
practice for temporary commissions to transfer their records to the National
Archives upon termination. Since the materials held by your agency are so closely
jL-08-2004 07:06 NflTIONflL flRCHIYES P-20

related to the records of the Commission, we believe that it is appropriate that they
be transferred at the same time. This will also remove the burden of storing those
materials from your agency. If, however, transfer that soon is not possible, please
submit a revised SF 115 that provides a transfer date consistent with 44 USC
2107(2), which mandates the transfer of permanent records to NARA when no more
than 30 years old, unless the records are needed for day-to-day agency business.

We appreciate your cooperation in dealing with these significant files. Please


contact Paul M. Wester, Jr., Director of the Life Cycle Management Division, on 301-
837-3120 if you have any questions. David Langbart is handling our liaison with the
Commission. He can be reached on 301-837-3172.

Sincerely,_________........

JOHN W. CARLIN
Archivist of the United States

Enclosures

cc: Larry Mills, SEC Records Officer


Richard Humes, Commission Contact
*JUL-08-2004 07 = 07 NfiTIONPL flRCHIUES P-21

JUL 72004

The Honorable George J. Tenet


Director of Central Intelligence
Washington, DC 20505

Dear Director Tenet:

September 11,2001, is a pivotal moment in our history. The terrorist attacks on the
United States have had far-reaching effects on our country and the world, and,
therefore, the United States Government must preserve the fullest possible
documentation on those events. To that end, the National Archives and Records
Administration is working with the National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission") to ensure the proper disposition of its
records.

The Commission informs us that your agency, in addition to providing it with


copies of documents, also loaned to the Commission or made available to its staff in
your agency's offices certain documents that the Commission was not permitted to
retain. Those materials tell an important part of the story of September 11 and the
Commission's work. As you can see from the enclosed letter, the Commission has
urged us to ensure that those materials are preserved along with those of the
Commission.

We have determined that the collections of documents loaned to the Commission or


made available or briefed to Commission staff in your agency's offices must be
preserved as ancillary files to the records of the Commission itself. For your
convenience, we have prepared the enclosed SF 115, Request for Records
Disposition Authority, to cover those records. Please have your records officer or
other designated official complete block 6, sign, date, and return the form to us
within 30 days of the date of this letter.

The proposed schedule calls for the transfer of the records when the records of the
Commission itself are transferred to the National Archives. That transfer will take
place within two months of the Commission issuing its final report. It is standard
practice for temporary commissions to transfer their records to the National
Archives upon termination. Since the materials held by your agency are so closely
related to the records of the Commission, we believe that it is appropriate that they
*!fUL-08-2004 07:07 NflTIDNRL RRCHIUES P. 22

be transferred at the same time. This will also remove the burden of storing those
materials from your agency. If, however, transfer that soon is not possible, please
submit a revised SF 115 that provides a transfer date consistent with 44 USC
2107(2), which mandates the transfer of permanent records to NARA when no more
than 30 years old, unless the records are needed for day-to-day agency business.

We appreciate your cooperation in dealing with these significant files. Please


contact Paul M. Wester, Jr., Director of the Life Cycle Management Division, on 301-
837-3120 if you have any questions. David Langbart is handling our liaison with the
Commission. He can be reached on 301-837-3172.

Sincerely,

JOHN W. CARLIN
Archivist of the United States

Enclosures

cc: Edmund Cohen, CIA Records Officer


Jolene Lowry, Commission Contact
NHI1UNHL HKUHiUbb P'23

JUL 7 2004

The Honorable
John Ashcroft
The Attorney General
Washington, DC 20530

Dear Mr. Attorney General:

September 11,2001, is a pivotal moment in our history. The terrorist attacks on the
United States have had far-reaching effects on our country and the world, and,
therefore, the United States Government must preserve the fullest possible
documentation on those events. To that end, the National Archives and Records
Administration is working with the National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission") to ensure the proper disposition of its
records.

The Commission informs us that your agency, in addition to providing it with -


copies of documents, also loaned to the Commission or made available to its staff in
your agency's offices certain documents that the Commission was not permitted to
retain. Those materials tell an important part of the story of September 11 and the
Commission's work. As you can see from the enclosed letter, the Commission has
urged us to ensure that those materials are preserved along with those of the
Commission.

We have determined that the collections of documents loaned to the Commission or


made available or briefed to Commission staff in your agency's offices must be
preserved as ancillary files to the records of the Commission itself. For your
convenience, we have prepared the enclosed SF115, Request for Records
Disposition Authority, to cover those records. Please have your records officer or
other designated official complete block 6, sign, date, and return the form to us
within 30 days of the date of this letter.

The proposed schedule calls for the transfer of the records when the records of the
Commission itself are transferred to the National Archives. That transfer will take
place within two months of the Commission issuing its final report. It is standard
practice for temporary commissions to transfer their records to the National
Archives upon termination. Since the materials held by your agency are so closely
ay:00 NHIIUNHL

related to the records of the Commission, we believe that it is appropriate that they
be transferred at the same time. This will also remove the burden of storing those
materials from your agency. If, however, transfer that soon is not possible, please
submit a revised SF115 that provides a transfer date consistent with 44 USC
2107(2), which mandates the transfer of permanent records to NARA when no more
than 30 years old, unless the records are needed for day-to-day agency business.

We appreciate your cooperation in dealing with these significant files. Please


contact Paul M. Wester, Jr., Director of the Life Cycle Management Division, on 301-
837-3120 if you have any questions. David Langbart is handling our liaison with the
Commission. He can be reached on 301-837-3172.

Sincerely,
JOHN W. CARL®*

JOHNW.CARLIN
Archivist of the United States

Enclosures

cc: Stuart Frisch, Department of Justice Records Officer


Faith Burton, Commission Contact
INH11UINHL

JUL 7 2004

The Honorable
Tom Ridge
Secretary of Homeland Security
Washington, DC 20528

Dear Mr. Secretary:

September 11, 2001, is a pivotal moment in our history. The terrorist attacks on the
United States have had far-reaching effects on our country and the world, and,
therefore, the United States Government must preserve the fullest possible
documentation on those events. To that end, the National Archives and Records
Administration is working with the National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission") to ensure the proper disposition of its
records.

The Commission informs us that your agency, in addition to providing it with -


copies of documents, also loaned to the Commission or made available to its staff in
your agency's offices certain documents that the Commission was not permitted to
retain. Those materials tell an important part of the story of September 11 and the
Commission's work. As you can see from the enclosed letter, the Commission has
urged us to ensure that those materials are preserved along with those of the
Commission.

We have determined that the collections of documents loaned to the Commission or


made available or briefed to Commission staff in your agency's offices must be
preserved as ancillary files to the records of the Commission itself. For your
convenience, we have prepared the enclosed SF115, Request for Records
Disposition Authority, to cover those records. Please have your records officer or
other designated official complete block 6, sign, date, and return the form to us
within 30 days of the date of this letter.

The proposed schedule calls for the transfer of the records when the records of the
Commission itself are transferred to the National Archives. That transfer will take
place within two months of the Commission issuing its final report. It is standard
practice for temporary commissions to transfer their records to the National
Archives upon termination. Since the materials held by your agency are so closely
"jUL-08-2004 07:09 NftTIONPL flRCHIUES

related to the records of the Commission, we believe that it is appropriate that they
be transferred at the same time. This will also remove the burden of storing those
materials from your agency. If, however, transfer that soon is not possible, please
submit a revised SF115 that provides a transfer date consistent with 44 USC
2107(2), which mandates the transfer of permanent records to NARA when no more
than 30 years old, unless the records are needed for day-to-day agency business.

We appreciate your cooperation in dealing with these significant files. Please


contact Paul M. Wester, Jr., Director of the Life Cycle Management Division, on 301-
837-3120 if you have any questions. David Langbart is handling our liaison with the
Commission. He can be reached on 301-837-3172.

Sincerely,
JOHN W. CAROM

JOHN W. CARLIN
Archivist of the United States

Enclosures

cc: Kathy Schultz, DHS Records Officer


John Mitnick, Commission Contact

TOTflL P. 26
-_
--National'
at College Park
8601 Adelphi Road College Park, Maryland 20740-6001

I ! 1 I I J' "^ nr\r~>. /


JUN . / Aiu4

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.
4
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
rchivist of the United States

National Archives and Records Administration


r
United States T^epartment of State

Washington, D.C. 20520


March 10, 2004

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:

As you know, the Department of State, like other agencies, has


provided some thousands of documents to the Commission in response to its
requests. Many of these documents are sensitive: they contain classified
diplomatic, intelligence, or other national security information, they are
subject to the statutory restrictions on dissemination of visa information, or
are subject to internal deliberative or other privileges. In addition, some
contain information that would otherwise have been redacted, that the
Commission has specifically undertaken not to disclose without the prior
agreement of the Department.

We understand that, when the Commission completes its work, its


records and archives will be transferred to the National Archives and
Records Administration (NARA). We would therefore like to work with
you and NARA to ensure that the terms under which NARA takes custody
are such as to ensure appropriate future handling in view of the sensitivities
and restrictions involved.

Our current thinking is that there are two major principles that should
continue to govern Department of State documents and any determinations
whether and when to release such documents in the future. First, the
Commission's specific undertakings not to release certain information
without the consent of the Department of State should continue to apply.
Second, and more generally, we believe that NARA should treat Department
of State documents being transferred by the Commission in the same way
that it would treat documents being provided directly by the Department of
State.
We recognize that there are, in addition, more complicated questions
that it would be useful to discuss. For example, apart from documents that
were generated by the Department of State and provided to the Commission,
the Commission has also generated many of its own documents that contain
Department of State information, e.g., in notes and tapes of interviews,
Commission reports, etc. Some such documents, such as tapes of interviews
of employees, could be equated to Department documents, but other
documents will have a "mixed" character and it would presumably be
desirable to have some uniform regime. Further, as a practical matter, it
seems that the information subject to the Commission's specific undertaking
not to release without the agreement of the Department needs to be
identified or "marked" in some way, so that NARA can be reasonably
apprised when this restriction applies.

I gather that the Commission has had preliminary conversations with


NARA but has not yet elaborated an agreement to govern the transfer. We
have separately discussed this question with Mr. Gary M. Stern, General
Counsel of NARA, who advises that if the Commission can mark or
otherwise identify the documents, tapes, files or boxes which may contain
sensitive information which should be protected, NARA would then be in a
position to protect it in accordance with the Federal Records Act.

We look forward to discussing these questions with you in the near


future.

Sincerely,

Karl Hofmann
Executive Secretary

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