SD B1 Archives Fdr- Correspondence w NARA (See DM B1 Archives Fdr) 717

8/14/2019 SD B1 Archives Fdr- Correspondence w NARA (See DM B1 Archives Fdr) 717

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H. Kean

H. HamiltonC H A I R

S. GorelickGorton

b KerreyF. Lehman

J. RoemerR. Thompson

ZelikowD I R E C T O R

August 20 , 2004T he Honorable John W . CarlinA rchivist of the U nited StatesNational A rchives and Records A dministration8601 Adelphi RoadCollege Park, M D 20740Dear M r. Carlin:When the N ational C ommission on T errorist A ttacks U pon the U nited States(the "Commission") terminates, by statute, on August 21 , 2004, the records ofthe Commission will be transferred to the National Archives and RecordsA dministration (NA R A ) for preservation and public access. T his letter setsforth the C omm ission's continued interest in government and public access toinformation created or gathered during its investigation and establishes criteriaunder which these records will be made available.T he Commission has established a policy of making available to the public asmuch information as possible, while safeguarding national security, personalprivacy, intelligence, law enforcement, an d other sensitive information. T heCommission's final report is highly detailed and discloses a significantamount of previously classified material. In addition, the Com mission hasreleased through its website many supplemental documents, including staffstatements, witness statements, transcripts, an d press releases. A ll of therecords an d information that the Commission ha s made available to the publicshould continue to be made pu blicly available by NARA. This includes therecords that are accessible on the C ommission's website, which NA R A willmaintain after August 21 , 2004. Because the Commission was established inthe legislative branch, its records have not been subject to the Freedom ofInformation A ct (FOIA ), and we understand that the F O I A will not apply toCommission records even after they are transferred to N A R A .Commission records not already publicly available should be made availableto the public, to the greatest extent possible consistent with the terms of thisletter, beginning on January 2, 2009. T he C ommission encourages N A R A toconduct a systematic review of the records that are not cu rrently available tothe public with the goal of releasing to the public as much information as isallowable by law and regulation on January 2, 2009, or as soon thereafter aspossible. In the course of this review, NA R A should refer to the originatingagencies copies of records that remain classified and request a review fordeclassification by Janua ry 2, 2009, or as soon thereafter as is possible.R ecords should not be disclosed if they (a) contain inform ation that continuesto be classified; (b) disclose private information that the Commission agreed

th Street SW, Room 5125DC 20407

202.331.4060 F 202.296.554526 Federal PlazaSuite 13-100N ew York, N Y 10278T 212.264.1505 F 212.264.1595


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Hon. John W . CarlinAugust 20, 2004Page 2

to protect from pub lic disclosure; or (c) are otherwise barred from publicdisclosure by law, as determined by the Archivist.W e understand that there will be an initial period of at least several m onthsduring which NAR A's staff will be organizing an d processing theCommission's records. During this period, access to the records should beprovided to the ten m embers of the Com m ission and the following membersof the Commission staff: Philip Zelikow, Daniel Marcus, Christopher Kojm,Steven Dunne, Dietrich Snell, Dianna Campagna, Stephanie Kaplan, andTracy Shycoff . In addition, certain administrative staff of the Com m issionm ay have access as part of their duties to transfer the records to N A R A . It isimportant that the ten Commissioners and the designated members of theCommission staff have continuing access to the Commission's records oncethe records are transferred to NA RA , both during an d after this initialprocessingperiod.Only individuals with the necessary clearances m ay have access to classifiedCom m ission records, and all instructions in this letter should be interpreted toconform with applicable laws and regulations regarding access to, andhandling of , classified materials.Thank you for your cooperation in carrying out the im portant task ofpreserving an d providing access to the Commission's voluminous records.

Yours sincerely,

Thomas H. Kean Lee H. HamiltonChair Vice Chair


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Gary M . SternAugust 20, 2004Page 2

Please let me know if you have an y questions about this important issue, and thankyou for your valuable assistance to the Commission on issues relating to thepreservation of Commission records an d access to those records.Yours sincerely,

)aniel MarcusGeneral Counsel


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CORRESPONDENCE REGARDING PRIVACY ISSUESDEPARTMENT OF DEFENSELetter from Daniel Marcus to Dr. Stephen A. Cambone dated 7/29/03FEDERAL BUREAU OF INVESTIGATIONLetter from Patrick M. O'Brien to Daniel Marcus dated 7/3/03DEPARTMENT OF JUSTICELetter from Philip Zelikow and Daniel Marcus to Adam Ciongoli dated 7/1/03Letter from Daniel Levin to Philip Zelikow and Daniel Marcus dated 7/11/03Letter from Daniel Levin to Philip Zelikow, Daniel Marcus, and Steve Dunne dated 7/24/03Letter from Daniel Marcus to Daniel Levin dated 7/28/03Letter from Daniel Levin to Philip Zelikow, Daniel Marcus, and Steve Dunne dated 7/29/03CITY OF NEW YORKLetter from Daniel Marcus to Gary Shaffer dated 9/23/03Agreement Among the National Institute of Standards and Technology and the NationalCommission on Terrorist Attacks Upon the United States and The City of New York dated10/28/03Agreement Between the National Commission on Terrorist Attacks Upon the United Statesan d The City of New York dated 12/3/03SECURITIES AND EXCHANGE COMMISSIONLetter from Daniel Marcus to Richard M. Humes dated 7/16/03Letter from Richard M. Humes to Daniel Marcus dated 7/22/03Letter from Melinda Hardy to Daniel Marcus dated 11/4/03Letter from Melinda Hardy to Douglas Greenburg dated 11/17/03Letter from Celia L. Jacoby to Dianna Campagna dated 8/6/04DEPARTMENT OF STATELetter from Daniel Marcus to Karl Hofrnann dated 8/14/03Letter from Daniel Marcus to Karl Hofrnann dated 8/15/03Memorandum from Karl Hofrnann to Daniel Marcus dated 8/22/03Letter from Daniel Marcus to Karl Hofrnann dated 1/23/04Letter from Karl Hofrnann to Daniel Marcus dated 3/10/04Email from Jamison Borek to Dianna Campagna dated 7/9/04Email from Jamison Borek to Dianna Campagna dated 7/12/04Email from Jamison Borek to Dianna Campagna dated 7/13/04


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Rational at College Park8601 Adelphi Road Col lege Park, Maryland 20740-6001

Mr. Thomas H. Kean, ChairMr. Lee H. Hamilton, Vice ChairThe National Commission on Terrorist Attacks Upon the United States3017th StreetSWRoom 5125Washington, DC 20407Dear 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 withthe relevant agencies to ensure that those files are preserved. We are alreadyworking in that direction and your letter will be of immeasurable help in successfulcompletion of that effort.We look forward to a continued fruitful relationship with Commission staff on thisand other records-related issues. Please contact Paul M. Wester, Jr., Director of theLife 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


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Kean

H. Hamilton

Ben-VenisteF. FieldingS. Gorelick

b KerreyF. Lehman

J. RoemerR. Thompson

D. ZelikowD I R E C T O R

June 8,2004

The Honorable John W. CarlinArchivist of the United StatesNational Archives and Records Administration8601 Adelphi RoadCollege Park, MD 20740-6001Dear Governor Carlin:The National Commission on Terrorist Attacks Upon the United States is beginningthe process of writing its final report and closing operations. As part of that effort, weare working with staff of your agency to ensure that those of our records that warrantpreservation are transferred to the National Archives at the end of our work. As youknow, we have received from numerous agencies copies of relevant documents andthey have been incorporated into our files that will be transferred to your custody.In addition, some agencies either loaned us copies of documents, allowed us to reviewdocuments in their offices, or briefed us on the contents of some documents. Thosedocuments have not been incorporated into our files, but they tell an important part ofthe 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 ofrecords that were loaned, shown, or briefed to the Commission and its staff arepreserved by the agencies and transferred to N A R A to be maintained as ancillary filesto those of the Commission.Please let us know if there is anything we can do to assist you in accomplishing thisgoal.

Sincerely,

Thomas H. KeanChair

Lee H. HamiltonVice Chair

cc: Gary Stern, National Archives and Records Administrationth Street SW, Room 5125

DC 20407202.331.4060 F 202.296.5545

lcommission.gov

26 Federal PlazaSuite 13400Ne w York, NY 10278T 212.264.1505 F 212.264.1595


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DiannaCampagnaFrom:Sent:To:Subject:

David Langbart [[email protected]]Monday, March 29, 2004 11:23 AMDianna CampagnaDraft Schedule

911.commission.11911.commission.ll5.cover.doc (... 5.items.doc (... Dianna:

Here is SF 115, Request for Disposition Authority, and the continuation pages that make upthe schedule for the Commission. The next step is for you to sign and date block 6 and tosubmit the original, plus one copy, to me. At that point, I will carry out the formalappraisal which will require at least one more visit to your offices.Please mail the completed form to me at:NWML, Room 2200National Archives8601 Adelphi RoadCollege Park, MD 20740-6001Thanks again for all your cooperation. Please let me know if you have any questions.David A. LangbartLife Cycle Management Division


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BEQUEST FOR RECORDS DISPOSITION AUTHORITY JOB NUMBER

To: NATIONAL ARCHIVES & RECORDS ADMINISTRATION8601 A DELPH I R O A D COLLEGE PARK, MD20740-6001

Date received1. FROM (Agency or establishment)National Commissionon Terrorist Attacks Upon the United States

NOTIFICATION TO AGENCY

2. MAJOR SUBDIVISION

3. MINOR SUBDIVISIONIn accordance with the provisions of 44 U.S.C. 3303a, thedisposition request, including amendments, is approvedexcept for items that may be marked "disposition notapproved" or "withdrawn" in column 10.

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

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

is not required I I is attached; o r I I has been requested.DATE SIGNATURE OF AGENCY REPRESENTATIVE TITLE

7. ITEM NO. 8. DESCRIPTION OF ITEM AND PROPOSED DISPOSITION 9. GRS ORSUPERSEDED JOBCITATION10. ACTION TAKEN(NARA USE ONLY)

See attached pages.

115-109 PREVIOUS EDITION NOT USABLE STANDARD FORM 115 (REV. 3-91)Prescribed by N A R A 36 CFR 1228


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1 . Commission Master File. Arranged numerically by assigned number.Correspondence memorandums, memorandums for the record, copies of documents, andother materials relating to the work and activities of the commission.a. Paper Files

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

b. Electronic IndexDisposition: PERMANENT. Transfer to the National Archives upon termination of

Commission.

2. Document Management System. Scanned images of selected documents relevant to thecommission'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 ofinterviews 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 ofdocuments 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 interviewsand log.Disposition: PERMANENT. Transfer to the National Archives upon termination of

Commission.


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6. Chronological Files. Arranged chronologically. Copies of outgoingcommunications of the commission.Disposition: PE RM AN EN T. Transfer to the National Archives upon termination ofCommission.

7. Comm ission M eeting Briefing Books. Briefing materials prepared forcomm ission meetings. Includes minutes of previous m eeting.Disposition: PERMANENT. Transfer to the National Archives upon termination ofCommission.

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 H earings1. Hardcopy

Disposition: PE RM AN ENT . Transfer to the National Archives upon termination ofCommission.2. CD

Disposition: Temporary. Destroy upon termination of Com mission.

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

Disposition: PERMANENT. Transfer to the National Archives upon termination ofCommission.b. Unclassified. Substantive drafts and copy of unclassified final report.

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


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10 . Public Correspondence. Arranged alphabetically. Correspondencereceived from the public concerning the work and activities o f the commission.Disposition: PER M AN EN T. Transfer to the National Archives upon termination ofCommission.

1 1 . Commissioners' Files. Correspondence, memorandums, drafts, notesgathered at other agencies, copies of documents, and other material relating to thework and activities of the commission.Disposition: PERM ANE NT. T ransfer to the National A rchives upon termination ofCommission.

12 . Executive Director/Deputy Executive Director Files. Correspondence,memorandums, drafts, notes gathered at other agencies, copies of documents, andother material relating to the work and activities of the commission.Disposition: PER MA NEN T. Transfer to the National Archives upo n termination ofCommission.

13 . Staff/Team Files. Correspondence, mem orandums, drafts, notes gatheredat other agencies, copies of documents, and other material relating to thework and activities of the com mission's work teams, including the G eneral Counsel.Disposition: PERMANENT. Transfer to the National Archives upon termination ofCommission.

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 ofCommission.

15 . W eb Page.a. Snapshot and documentation required for maintenance and access.Disposition: PERMA NENT. Transfer to the Nation al Archives upon termination ofCommission.


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b. WebsiteDisposition: Temporary. Destroy upon termination of Commission.

c. Design, management, and technical operation records not necessary for maintenance andaccess of the snap shot.Disposition: Temporary. Destroy upon termination of Commission.

16. E-mail.Disposition: PER MA NEN T. Transfer to the National Archives upon termination ofCommission.

17. Word Processing.Disposition: Temporary. Destroy upon termination of Com mission.

SD B1 Archives Fdr- Correspondence w NARA (See DM B1 Archives Fdr) 717

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