9/11 Commission Documents About Its Investigation of The NSA

J UN . IB . lei : MO.498 P.
2
UNCIASS^D//TOAQEHCIAL_LJSE ONLY
^_ AGENCY^
CENTRAL SECURTTTgERVlCE
GEORGE G. MEADE, MARYLAND 2O7BB-6000
Serial: LIT-136-04
IS June 2004
Ms. Lorry Fenner

Staff, National Commission on Terrorist Attacks
Upon the United States
2100 K Street, NW
3rd Floor
Washington, DC 20037
Re: (U//FOUO) Request for Clarification

Dear Ms. Fenner:
(U//FOUO) In response to an earlier informal request for a written overview of

the Trailblazer and Groundbreaker programs, you were provided a one-page overview
of these programs (bates ## 04538-04539). As a follow-on request, you have asked for
a less technical understanding of Trailblazer. NSA's response (bates ## 04610-04612)
is sensitive and will therefore be maintained at NSA's L Street office for your review.
(U//FOUO) Please telephone me at 301/688-6054 if you need any additional
information.
Very truly vours.
Attorney
Office of Associate General Counsel
(Litigation)
Copy Furnished:
Ms. Pat Downs, DoD
(via facsimile)
UNCLASSIFIED//FOR OFFICIAL USE ONLY

WITH DRAWAL NOTICE
RG: 148
Box: 00002 Folder: 0001 Document: 19
Series: Dan Marcus Files
Copies: 1 Pages: 6
ACCESS RESTRICTED
The item identified below has been withdrawn from this file:
Folder Title: NSA

Document Date: 01-20-2004
Document Type: Attachment/Enclosure
From:
To:
Subject: Handwritten note and attachment re: terrorist trac

king
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Withdrawn: 02-25-2008 by:
RETRIEVAL #: 221 00002 0001 19

TOP SECRET//CQMINI//OR
RGON^QO, _ (^ ^ 6 /)- £> U//) / (fflfl ^
_AG£NCY_3 l^ . ' / * ^
CENTRAL SECURITY SERVICE
FORT GEORGE G. MEADE, MARYLAND 2O75S-6OOO
Serial: 091-04
5 April 2004
VTA COURIER
Mr. Daniel Marcus
General Counsel
National Commission on Terrorist Attacks
2100 K. Street, NW
3rd Floor
Re: U//FOUO) Document Request No. 6

Dear Mr. Marcus:
(U//FOUO) Enclosed is a document responsive to NSA Document Request No. 6
(bates ## 04475-04477).
(U//FOUO) We will continue to provide responses on a rolling basis as

responsive documents are assembled and reviewed, as the Commission has requested.
information.
Very truly yours,
KAREN M. VALENTINE
Attorney
(Litigation)
Copy Furnished:
Ms. Pat Downs, DoD
(via facsimile w/o enclosure)
DRV FM: NSA/CSSM 123-2

Dated: 24 Feb 98
DECL ON: XI
This Idler can he downgraded to UNCLASS1FIED//FOR OFFICIAL USE ONLY upon removal of enclosures.
TOP SECRET//COMINT//ORCON//XI
WITHDRAWAL NOTICE
RG: 148
Copies: 1 Pages: 2
ACCESS RESTRICTED
Folder Title: NSA

Document Type: Letter
From: Office of Associate General Counsel
To: Daniel Marcus
Subject: Document Requests
for examination.
NND: 221
RETRIEVAL #: 221 00002 0001 20
o
WITH DRAWAL NOTICE
RG: 148
Copies: 1 Pages: 1
ACCESS RESTRICTED
Folder Title: NSA

To: Daniel Marcus
Subject: National Security Agency Document Request
for examination.
NND: 221
RETRIEVAL*: 221 00002 0001 21

WITH DRAWAL NOTICE
RG: 148
Copies: 1 Pages: 2
ACCESS RESTRICTED
Folder Title: NSA

To: Daniel Marcus
for examination.
NND: 221
RETRIEVAL #: 221 00002 0001 22
&
WITH DRAWAL NOTICE
RG: 148
Copies: 1 Pages: 1
ACCESS RESTRICTED
Folder Title: NSA

To: Daniel Marcus
for examination.
NND: 221
RETRIEVAL*: 221 00002 0001 23

i3:4u
1^1001
UNCLASSIFIED
NATIONAL SECURITY AGENCY

Office of General Counsel
To: Steve Dunn,

^Kean Commission D/GC From: Peter R. Badger, 301/688-6054
Fax: 202/296-5545 Pages: Four pages, including cover sheet
Phone: 202/331-4060 Date: |1 2 August 2003
Re: 9/1 1 , Kean Commission Inv., Draft letter CC: Chad Boudreaux, DoJ CivDiv
Pat Downs, DOD USD(I)
D Urgent X For Review D Please Comment D Please Reply D Please Recycle
- The Acting General Counsel of NSA has signed the attached letter and is calling
the Kean Commission General Counsel about it. The entire contents of the letter
may be discussed with any member of his office.
UNCLASSIFIED
JhAA
1^1002
X

FORT GEORGE G. MEADE. MARYLAND 2O7S5-6OOO
Serial: GC/167/03
12 August 2003
VIA FACSTMTT.TC /IND U.S. MAIL

Daniel Marcus
General Counsel
3017th Street SW, Room 5125
Re: Principles and Procedures for National Commission Review and

Handling of National Security Agency Documents and Information
Dear Mr. Marcus: \s letter offers a set ofprinciples and procedures fo*r identifying,
reviewing and handling National Security Agency (NSA) documents and

information requested by the National Commission. We have reviewed your
29 July 2003 letter to Thomas A. Monheim, Special Assistant to the President
and Associate General Counsel and believe this letter is consistent with the
agreement between the Executive Office of the President (EOP) and the
Commission you memorialized in that letter.
As the Director and I discussed with Phillip Zelikow on 29 April 2003, it

remains our position that the NSA will fully support the work of the National
Commission. We believe the responses to your document and information
requests will fall into three categories: discrete information, highly sensitive
information, and responsive but irrelevant information (the request may not
clearly define information sought or the type of search expected of NSA).
With regard to the first category of responses, some NSA responses to

Commission requests may result in discrete categories of documents, e.g. NSA
strategic planning documents. NSA will provide such documents to the
Commission at its K Street facility unless information in the documents relates
to particularly sensitive sources and methods.
In the case of responses containing information revealing sensitive sources

and methods, NSA will retain custody of this information and will make it
available to the Commission in NSA facilities. Mr. Zelikow has agreed to
13:40 FAi
. — •- 1^003
designate, at his sole discretion, a limited number of TS//SI cleared individuals to

review those materials NSA determines are particularly sensitive. NSA will
strictly control access to these materials.
With respect to the third category of responses, NSA will work with the
Commission to identify the information sought in order to retrieve documents
most Likely to be responsive and relevant to the Commission inquiry. Experience
has taught us that even carefully constructed search strategies yield a high
percentage of irrelevant documents. NSA is prepared to review the results of its
searches and identify the documents that appear relevant to the Commission's
requests for information. NSA will provide these documents, to the extent they
are not particularly sensitive, to the Commission at its K Street facility. NSA
will maintain for Commission review at NSA a copy of the irrelevant documents
retrieved as a result of the search but not delivered to the Commission's facility
for review.
In general, the documents and information being made available by NSA

will be accessible only to Commissioners and designated TS//SI cleared members
of the Commission staff, and those with access to NSA documents and
information will only share such information with other designated members of
the Commission staff. NSA information provided in response to Commission
requests will not be shared outside the Commission other than in the
Commission's report.
As you know, the NSA intelligence documents sought by the Commission

are classified because of the extreme sensitivity and fragility of signals
intelligence (SIGINT) sources and methods. Disclosure of the mere existence of
SIGINT reports, when related to specific foreign intelligence targets, endangers
NSA's capabilities against those targets. Your 29 July 2003 letter confirms that
the Commission agrees to protect the information provided and to prevent its
unauthorized disclosure, including strict adherence to all applicable regulations
and guidelines for the handling of classified information and observance of the
"need-to-know" principle.
Finally, consistent with your agreement with the EOF, Commission notes
of particularly sensitive NSA documents will not be verbatim. The Commission
will ensure that any notes taken at NSA are portion marked and that NSA
reviews the notes for classification prior to removal from NSA spaces.
1^004
We look forward to continued cooperation with the Commission and its

staff. If you would like to discuss these procedures or any other matter, I urge
you to contact me.
Sincerely,
VITOT.POTENZA
Acting General Counsel
Copy Furnished:
Mr. Robert Deitz, DoD Acting D/GC (Intelligence)
Mr. Scott Muller, CIAOGC
Mr. Chad Boudreaux, DoJ Civil Division
TOP ooj^xvij^/xttt^^^Ôrtm^MiErt&V1 •V/IVLV/^YA *
CENTRAL SECURITY SERVICE U
FORT GEORGE G. MEADE, MARYLAND 2O7S5-6OOO
24 October 2003
VIA HAND DELIVERY

Mr. Daniel Marcus
General Counsel
2100 K. Street, NW
3rd Floor
Re: (U//FOUO) National Security Agency Document Request
Dear Mr. Marcus:
(U//FOUO) Enclosed are documents responsive to NSA Document

Request No. 1, sub-part 3 (bates ## 02633-02684), as that document request
was clarified in Lorry Fenner's memorandum dated October 20, 2003.
(U//FOUO) Additional documents responsive to DoD Document
Request No. 4, sub-part 26 (bates ## 02685-02704) are available to the
Commission. The documents contain information revealing particularly
sensitive sources and methods. Pursuant to our agreement, NSA will retain
custody of these documents and will make the documents available to the
Commission in NSA facilities.
(U//FOUO) The documents provided in response to DoD Document
Request 4, sub-part 26, are watch center logs, which are informal, working
papers based on limited information and should not be considered final
agency action or intelligence product. These logs contain names of NSA
employees. If the Commission requires contact with any NSA individuals,
the request should come through me. Additionally, we request that the
names of NSA employees not be disseminated outside of the Commission
members and staff.
responsive documents are assembled and reviewed, as the Commission has
requested.
DOWNGRADE TO UNCLASSIFIED//FOR OFFICIAL USE ONLY \d From: NSA/CSSM 123-2

UPON REMOVAL OF ENCLOSURES J Dated: 24 February 1998
,/ Declassify on: XI
TOP SECRET//COMINT//ORCON,NOFORN//X1
TOP SECRET//COMINT//ORCON,NOFORN//X 1
(U//FOUO) Please telephone me at 301/688-6054 if you need any

additional information.
Very truly yours,
EN M. VALENTINE
Attorney
(Litigation)
Ends:
a/s
Copy Furnished:
Ms. Pat Downs, DoD (less encls)
(via facsimile)
TOP SECRET//COMINT//ORCON,NOFORN//X1
TOP SECRET//HCS//ORCON^NpFOlCN//Xl
CENTRAL INTELLIGENCE AGENCY

^WASHINGTON, D.C. 20505
Office of General Counsel
7 November 2003
Mr. Philip Zelikow, Executive Director

Third Floor
2100 K Street, N.W.
RE: (U) Your memorandum, dated 16 October 2003, regarding

"Evaluating Primary Information about the 9/11 Plot"
Dear Mr. Zelikow:
(U) In reply to your memorandum of 16 October 2003,

enclosed are the responses to your questions concerning the
process for "Evaluating Primary Information about the 9/11
Plot." The response is bates-stamped and provided to The
National Commission on Terrorist Attacks Upon the United States
as document No. SR-0000018.
mi rf any questions, please contact me at
9/11 Closed by Statute
9/11 Closed by Statute
Assistant General Counsel
Enclosures:
As stated
Document is UNCLASSIFIED CL BY:

when separated from documents CL REASON:
DECL ON: 9/11 Closed by Statute
DRV FROM:
TOP SECRET//HCS//ORCON,NOFORN//Xl
WITH DRAWAL NOTICE
RG: 148
Copies: 1 Pages: 1
ACCESS RESTRICTED
Folder Title: NSA

To: Daniel Marcus
for examination.
NND: 221
RETRIEVAL #: 221 00002 0001 24

TOP SEGRET//CQMIN-T//REL TO USA AND GBR//X1—
NATIONAL SECURITY AGENCY /C'^N (y ~>

FORT GEORGE G. MEADE, MARYLAND 2O755-6OOO
Serial/098/03
17 October 200
VIA HAND DELIVERY
Mr. Daniel Marcus
General Counsel
2100 K. Street, NW
3rd Floor
Re: (U//FOUO) Document Requests
Dear Mr. Marcus:
(U//FOUO) Pursuant to your request, enclosed are briefing slides (bates ##
02600-02632) from some of the briefings NSA provided to the Commission on 24
September in response to NSA Briefing Request No. 3.
(U//FOUO) Some documents responsive to DoD Document Request No. 4, sub-
part 26 (bates ## 01641-01780 are available to the Commission. The documents
contain information revealing particularly sensitive sources and methods. Pursuant to
our agreement, NSA will retain custody of these documents and will make the
documents available to the Commission in NSA facilities.
(U//FOUO) The documents responsive to DoD Document Request 4, sub-part
26, are watch center logs, which are informal, working papers based on limited
information and should not be considered final agency action or intelligence product.
These logs contain names of NSA employees. If the Commission requires contact with
any NSA individuals, the request should come through me. Additionally, we request
that the names of NSA employees not be disseminated outside of the Commission
members and staff.
(U//FOUO) NSA Document Request No. 1, sub-part 3, reads: "Requirements

documents approved by senior policy officials tasking NSA systems to collect and
analyze information on terrorism from 1998 to the present, particularly those
documents that tie to PDD-35." During a 30 July meeting, we discussed this request,
among others, with Commission staff, Kevin Scheid, Lorry Fenner, and Gordon
Lederman, because the request did not clearly define the information sought or the
type of search expected of NSA. During that meeting, we showed the Commission
staff the types of documents that we believed would be responsive to the request and
discussed the volume of documents that would be responsive. As a result of the
meeting, we understand that, at this time, we are not to provide documents but rather
should provide briefings on the requirements process. After the briefings, one of which
DOWNGRADE TO UNCLASSIFIED//FOUO Derived From: NSA/CSSM 123-2
UPON REMOVAL OF ENCLOSURES Dated: 24 February 1998
Declassify on: XI
TOF SECRET//COMINT//REL TO USA AND ODR//X-t—

TOP SECRET//COMIN-T//RHrTO USA AND GDMXi-
has already been provided, the Commission may choose to modify the document
request or, alternatively, the documents may not be needed.
information.
Very truly yours,
CN M. VALENTINE
Attorney
(Litigation)
Ends:
a/s
Copy Furnished:
Ms. Pat Downs, DoD (less ends)
(via facsimile)
2
TOB-SEeRET//COMINT//REL TO US'A AND <JbR//Xi
WITH DRAWAL NOTICE
RG: 148
Copies: 2 Pages: 3
ACCESS RESTRICTED
Folder Title: NSA

To: Scheid/Fenner
Subject: Pending Requests
for examination.
NND:221
RETRIEVAL #: 221 00002 0001 25

WITH DRAWAL NOTICE
RG: 148
Copies: 1 Pages: 2
ACCESS RESTRICTED
Folder Title: NSA

To: Daniel Marcus
for examination.
NND: 221
RETRIEVAL #: 221 00002 0001 26

MEMORANDUM OF UNDERSTANDING
BETWEEN
THE NATIONAL SECURITY AGENCY
AND
THE NATIONAL COMMISSION ON TERRORIST ATTACKS
UPON THE UNITED STATES
I. Purpose
(U//FOUO) This Memorandum of Understanding (MOU) sets forth agreements

between the National Security Agency (NSA) and the National Commission on
Terrorist Attacks Upon the United States (National Commission) with regards to
the procedures for the National Commission's access to, and storage of, NSA
information as the National Commission investigates the terrorist attacks of
September 11, 2001, occurring at the World Trade Center in New York, New
York, in Somerset County, Pennsylvania, and at the Pentagon in Virginia.
II. Background
1. (U//FOUO) Pursuant to the Intelligence Authorization Act for Fiscal Year

2003, the National Commission, when investigating facts and circumstances
relating to the Intelligence Community, must first review the information
compiled by, and the findings, conclusions, and recommendations of, the Joint
Inquiry of the Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of Representatives
regarding the terrorist attacks of September 11, 2001 (Joint Inquiry). The
NSA documents provided to the Joint Inquiry ("Joint Inquiry records") are
stored at NSA Headquarters (HQ). NSA also has maintained a copy of the
materials it provided to the Joint Inquiry.
2. (U//FOUO) National Commission staff have varying levels of security

clearances. Only those cleared for TOP SECRET/Sensitive Compartmented
Information (TS/SCI) will be authorized access to NSA information. Initial
review of NSA material will take place at NSA HQ.
3. (U//FOUO) TS/SCI-cleared National Commission staff will conduct business

from an accredited Sensitive Compartmented Information Facility (SCIF)
located at a K Street, Washington, D.C., facility.
HI. Procedures
1. (U//FOUO) National Commission access to NSA limited-distribution

information. Certain particularly sensitive NSA information will be shared
only with the limited number of staff designated by the National Commission
Staff Director as having a "need-to-know." NSA will mark such material as
requiring limited distribution, and will store this information at NSA. The
UNCLASSEFIED//FOR OFFICIAL USE ONLY

UNCLASSEFIED//FOR OFFICIAL USE ONLY
National Commission's access to and review of limited-distribution material

will take place at NSA HQ or NSA's Washington, D.C. facility. NSA will
maintain an access log of all limited-distribution information and will
indoctrinate appropriate National Commission personnel as needed.
2. (U//FOUO) National Commission access to and review of NSA

information provided to the Joint Inquiry. NSA will provide the National
Commission access to a copy of NSA materials provided to the Congressional
911 Joint Inquiry. Initially, the limited number of TS/SCI-cleared staff
designated by the staff director will review the copy of the material NSA
provided to the Joint Inquiry at NSA HQ and determine which records the
National Commission deems relevant to its investigation. With the exception
of limited-distribution information, copies of the relevant materials will be
sent to the National Commission's SCIF at the K Street facility.
3. (U//FOUO) Upon receipt of written authorization from the Joint Inquiry,

NSA will provide the National Commission access to Joint Inquiry records
under the same terms set forth herein for providing access to the copy of
materials NSA provided to the Joint Inquiry.
4. (U//FOUO) Requests for additional NSA information. If, after reviewing

the copy of materials NSA provided to the Joint Inquiry or Joint Inquiry
records, the National Commission requests additional information, as outlined
in the Intelligence Authorization Act, NSA will initially provide the National
Commission Staff Director and designated TS/SCI-cleared staff access to such
information at NSA HQ. With the exception of limited-distribution material,
documents designated as relevant will be sent to the K Street SCIF.
Interviews, briefings, and discussions with NSA employees (current and
former) will be conducted at NSA.
5. (U//FOUO) Procedures for making requests. Requests for NSA

information (including requests for documents, and interviews, briefings,
discussions and testimony, whether of current or former employees) must be
made in writing. Each request must be addressed to Pat Downs, Office of the
Under Secretary of Defense for Intelligence; with a courtesy copy to Chad N.
Boudreaux, Department of Justice, and to Karen Valentine, NSA Office of the
General Counsel (OGC). Each request must be as specific as possible,
properly classified, dated, and indicate a National Commission point of
contact to whom the response and/or any questions related to the request may
be directed, as well as the urgency of the requested information.
6. (U//FOUO) National Commission notes regarding NSA information.

The National Commission may take notes regarding NSA information. Notes
must be appropriately classified and portion marked. With the exception of
notes on limited-distribution NSA material, National Commission notes may
be stored at the K Street SCIF. Before notes are removed from NSA HQ, they

must be reviewed for classification and appropriately marked by the National

Commission, and initialed by a NSA POC. The review of notes will be
carried out as quickly as possible.
7. (U//FOUO) Classification Review of Materials. Any Joint Inquiry records

based on NSA information provided to the National Commission, or any
National Commission-generated materials that contain NSA information, will
be made available to NSA for a classification review. NSA will label those
records containing limited-distribution NSA information appropriately.
8. (U//FOUO) Handling of the NSA information during the investigation.

NSA agrees to provide the NSA information for the sole purpose of assisting
the National Commission in the writing of its report. The parties specifically
acknowledge and agree that NSA will determine the classification of NSA
information provided to the National Commission. Given the sensitive nature
of the NSA information, the National Commission will safeguard the NSA
material released for storage at the K Street SCIF with the full protection
required by law and DCI policy.
9. (U//FOUO) Transporting of NSA Information. NSA information sent to

the SCIF at the National Commission's K Street facility will be transported
via authorized means deemed appropriate by NSA.
10. (U//FQUO) Final storage of NSA information provided to the National

Commission at the K Street facility. Upon conclusion of its investigation,
the National Commission shall return the NSA information to NSA. NSA
will store these materials as a separate collection on behalf of the Legislative
Branch, in accordance with federal law, and will segregate the limited-
distribution material. NSA will ensure that no individual will be permitted
access to the NSA information without appropriate security clearances, an
official need-to-know, and under appropriately secure conditions. All
requests for access must be authorized in writing and in advance by the
Chairman and Vice-Chairman of the Senate Select Committee on Intelligence,
or the Chairman and Ranking Minority Member of the House Permanent
Select Committee on Intelligence (the Committees), or any U.S. Government
official(s) designated by the foregoing Members. To ensure that access is
provided in accordance with the terms of the official authorization and the
present MOU, a copy of such written tasking or written authorization will be
provided to the Director, NSA or his designee, who will respond in a timely
and expeditious manner to requests for authorized official access to the
materials after verifying the requester's clearances. It is agreed that NSA
records management personnel responsible for preserving, storing, and
safeguarding the NSA information shall have the access they need in order to
perform these functions.

3
11. (U//FOUO) Post-investigation requests for public access to NSA

information provided to the National Commission. NSA notes that
National Commission records are not subject to the terms of the Freedom of
Information Act (FOIA), the Privacy Act, or the mandatory declassification
review provisions of Executive Order 12958, as amended. The parties agree
that upon completion of the investigation, public requests for access to these
materials will be addressed to NSA. NSA will review, coordinate with all
interested parties, and respond appropriately to requests for public access to
these materials made pursuant to the FOIA, Privacy Act, Executive Order
12958, as amended, or other legal authority providing for public access to
Government records.
PHILIP ZELIKOW MICHAEL V. HAYDEN

Staff Director Lieutenant General, USAF
National Commission on Terrorist Director, National Security Agency/
Attacks Upon the United States Chief, Central Security Service
DATE DATE

4
WITHDRAWAL NOTICE
RG: 148
Copies: 1 Pages: 2
ACCESS RESTRICTED
Folder Title: NSA

To: Daniel Marcus
for examination.
NND:221
RETRIEVAL #: 221 00002 0001 27

SECRET//COMINT//X1

FORT GEORGE G. MEADE, MARYLAND 2O7SS-6OOO I/")
Serial: LIT/071/03 / IMbAJMA^

17 September 2003
VIA HAND DELIVERY

Mr. Daniel Marcus
General Counsel
301 7th Street SW, Room 5125
Re: (U//FOUO) Document Requests
Dear Mr. Marcus:
(U//FOUO) Enclosed are some documents responsive to DoD Document Request
T> No. 4, sub-part 1 (bates ## 01638-01640). The documents are also responsive to the
document request, directed to the Department of Justice, regarding 9/11
teleconferences.
(U//FOUO) Some documents responsive to NSA Document Request No. 1, sub-
/ part 1 (bates ## 02208-02306), are available to the Commission. The documents
contain information revealing particularly sensitive sources and methods. Pursuant to
our agreement, NSA will retain custody of these documents and will make the
documents available to the Commission in NSA facilities.
information.
Very truly yours,
KAREN M. VALENTINE
Attorney
(Litigation)
Copy Furnished:
Ms. Pat Downs, DoD
(via hand delivery)
Declassify Upon Removal of Enclosures
DRV FM: NSA/CSSM 123-2
Dated: 24 Feb 98
DECL ON: XI
SECRET//COM1NT//X1
WITH DRAWAL NOTICE
RG: 148
Copies: 1 Pages: 2
ACCESS RESTRICTED
Folder Title: NSA

To: Daniel Marcus
Subject: National Security Agency Document Requests
for examination.
NND: 221
RETRIEVAL #: 221 00002 0001 28

WITH DRAWAL NOTICE
RG: 148
Copies: 1 Pages: 2
ACCESS RESTRICTED
Folder Title: NSA

To: Daniel Marcus
Subject: National Security Agency Document Requests
for examination.
NND: 221
RETRIEVAL #: 221 00002 0001 29
*=<=
~eeNFIDENTIAL//jet-

Serial: LIT-054-03
5 September 2003
VIA HAND DELIVERY

Mr. Daniel Marcus
General Counsel
Re: (U//FOUO) NSA Document Request 1-4
Dear Mr. Marcus:
(U//FOUO) Enclosed are some documents responsive to NSA Document Request

No. 1, sub-part 4 (bates ## 01981-01992). These documents are provided pursuant to
our agreement as memorialized in Vito Potenza's letter to you dated 12 August 2003.
(U//FOUO) Some of the documents responsive to NSA Document Request No. 1,

sub-part 4 (bates ## 01958-01980), contain information revealing particularly sensitive
sources and methods. Pursuant to our agreement, NSA will retain custody of these
documents and will make the documents available to the Commission in NSA
facilities.
information.
Very tally yours,
KAREN M. VALENTINE
Attorney
(Litigation)
Ends:
a/s
Copy Furnished:
Ms. Pat Downs, DoD
(via facsimile)
DOWNGRADE TO UNCLASSIFEED//FOR OFFICIAL Derived From: NSA/CSSM 123-2
USE ONLY UPON REMOVAL OF ENCLOSURES Dated: 24 February 1998
Declassify on: XI
TQFSECRET//COMINT//ORCON,NQrORN^Q /V Â
Serial: LIT-046-03
28 August 2003
VIA HAND DELIVERY

Mr. Daniel Marcus
General Counsel
Re: (U) National Security Agency Document Request 1-6
Dear Mr. Marcus:
(U//FOUO) Enclosed are documents responsive to NSA Document Request

No. 1, sub-part 6 (bates ## 00833-00882). These documents are provided pursuant
to our agreement as memorialized in Vito Potenza's letter to you dated 12 August
2003.
(U) Please telephone me at 301/688-6054 if you need any additional

information.
Very truly yours,
IEN M. VALENTINE
Attorney
(Litigation)
5 Ends:
a/s
Copy Furnished:
Ms. Pat Downs, DoD (less ends)
(via facsimile)
DOWNGRADE TO UNCLASSIFIED//FOR OFFICIAL Derived From: NSA/CSSM 123-2

USE ONLY UPON REMOVAL OF ENCLOSURES Dated: 24 February 1998
Declassify on: XI
^FOPÊCRET//COMINT//OReeN,NOFORN//Xl
_ .. . .. - - 1^1002

FORT GEORGE G. MEADE. MARYLAND 2O7S5-6OOO
Serial: GC/167/03
12 August 2003
VIA FACSIMILE AND U.S. MAIL

Daniel Marcus
General Counsel
3017th Street SW, Room 5125

Dear Mr. Marcus:
This letter offers a set of principles and procedures for identifying,

agreement between the Executive Office of the President (EOP) and the



— .._. . . _ . _ . _ - . - - - - - - @|003

most likely to be responsive and relevant to the Commission inquiry. Experience
for review.


you to contact me.
Sincerely,
VITO T. POTENZA
Copy Furnished:
Serial: GC/167/03
12 August 2003
VIA FACSIMILE AND U.S. MAIL

Daniel Marcus
General Counsel

Dear Mr. Marcus:
This letter offers a set of principles and procedures for identifying,

agreement between the Executive Office of the President (EOF) and the



most likely to be responsive and relevant to the Commission inquiry. Experience
for review.


you to contact me.
Sincerely,
VITO T. POTENZA
Copy Furnished:
JUN-04-2003 18=37
P. 001/004
OFFICE OF THE DEPUTY ASSI^PriJNT SECRETARY OF DEFENSE

(INTpEfXIGENCE)
FAX COVER SHEET
Intelligence Policy Directorate

6000 Defense Pentagon, Rm 3C281
Washington, DC 20301-6000_
DATE: TIME:
TO: -PHONE
FAX: ~
FROM: PHONE: (703)695-1831

UNCLASSFAX: (703)695-8215
CLASFAX: (703)614-7687
SUBJECT:
Number of pages including cover sheet:

Message
• JUN-04-2003 18:37 P.002/004
BETWEEN
AND
THE JOINT INQUIRY STAFF OF THE SENATE SELECT
COMMITTEE ON INTELLIGENCE
AND
THE HOUSE PERMANENT SELECT COMMITTEE ON INTELLIGENCE
REGARDING
THE SEPTEMBER 11,2001 TERRORIST ATTACKS
I. Purpose— ~ -
1. The purpose of this Memorandum of Understanding ("MOU") between the

National Security Agency ("NSA") and the Joint Inquiry Staff ("JIS") of the Senate
Select Committee on Intelligence and the House Permanent Select Committee on
Intelligence ("the Committees") is to set forth the procedures that the parties agree to
follow in storing, safeguarding, and providing access to records relating to the
Committees1 joint inquiry into the September 11, 2001 terrorist attacks against the
United States (the "joinnnquiry"). -
II. Background —
2. By letter dated 14 March 2002, the Director of Central Intelligence ("DCI") i...
informed the Director, NSA that he had received a letter dated 21 February 2002 from j
the Committees. The DCI implemented the Committees' request that he direct the j.
Intelligence Community to satisfy requests from the Staff Director of the JIS for [•
documents, testimony, and other information as deemed relevant to the inquiry. j
3. Members of the JIS were cleared to the TOP SECRET level and given access
to Sensitive Compartmented Information. NSA has satisfied requests from the JIS by
providing information (including classified information) deemed necessary for the
conduct of the inquiry to the JIS at NSA Headquarters (the "NSA information"). The |
JIS has requested that NSA provide the NSA information in electronic form to the JIS ]
at its offices at the Ford Building. The security office of the House Permanent Select J
Committee on Intelligence ("HPSC!") has requested that the NSA information be
temporarily- stored in HPSCI information systems until the information systems at the
Ford Building can be properly accredited.
4. NSA has agreed to provide the NSA information as requested, subject to the
terms and conditions as provided in this MOU.
JUN-04-2003 18=33 P.003/004
III. Procedures
5. Assistance with Jhe Disposition of the NSA Information^ Upon request

from the Committees, NSA will provide an experienced records management officer
to assist the Committees and the JIS with the assessment, retirement, and disposition
of the NSA information, in accordance with federal law.
6. Ownership and Control of the NSA Information. The parties specifically

acknowledge and agree that the NSA information provided to the. JIS under the terms
and conditions of this MOU js classified as marked by NSA and will be owned and _
controlled by the Congress during and after the completion of the joint inquiry. NSA
agrees to provide the NSA information for the sole purpose of assisting the JIS in the
writing of its report. The JIS, therefore, agrees that access to these records while they
reside at the Ford Building or in the HPSCI SCIF will be limited to the JIS and _ -
Members of the Congress. _ ~
7. Given the sensitive nature of the NSA information, the JIS agrees to provide it
with the full protection as required by law and DCI policy. [Provision of the NSA
irtW™" information is subject to the completion oT a survey and accreditation of the JIS
' i information systems where the records will be stored to the satisfaction of the NSA
Chief Information OfficefJWhen the JIS information system is accredited, all NSA i
information provided to the JIS (including information in electronic form) will be -
transferred securely to the Ford Building and will be entirely removed from all ~\.
AÛViemporary storage (including electronic systems) within the HPSCI spaces. •;
!'
8. Final Storage of the NSA Information. Upon the conclusion of the joint j
0^1 inquiry, the JIS shall promptly return .the NSA information .to NSA. NSA will store i
these materials as a separate collection on behalf of the Committees, in accordance
with federal law. NSA will ensure that no individual requesting authorized official
access will be permitted access to the NSA information without appropriate security
clearances and under appropriately secure conditions. All requests for access must be
authorized in writing and in advance by the Chairman and Vice-Chairman of the
Senate Select Committee on Intelligence, or the Chairman and Ranking Minority
Member of the HPSCI. or any U.S. Government official(s) designated by the
foregoing Members. To ensure that access is provided in accordance with the terms
of the official authorization and the present MOU, a copy of such written tasking or
written authorization will be provided to the Director, NSA or his designee, who will
respond in a timely and expeditious immnerto requests for authorized official access
to the materials after verifying tha/t^f11 ester's clearances. It is agreed that NSA
records management personnel responsible for preserving, storing, and safeguarding
r\C\h e NSA infonrrmtiati^sÎnav^jR/hQlever access they need in order to perform these
JUN-04-2003 18:33 P.904/004
9. Requests for Public Access to the NSA Information \Vnile Stored at NSA. I
NS A notes that Congressional records are not subject to the terras of the FOIA, the
Privacy Act, or the mandatory declassify cation review provisions of Executive Order j
12958. During the time NSA stores the NSA information, the parties agree that NSA i
will handle public requests for access to these materials accordingly. Final decisions :
on public access will be made only in consultation with the Committees. In this .
regard, NSA will review, coordinate with all interested parties, and respond
appropriately to requests for public access to these materials made pursuant to the
Freedom of Information Act (FOIA), Privacy Act, Executive Order 12958, or other
legal authority providing for public access to government records.
IV. Miscellaneous.
10. The parties specifically acknowledge and agree that.NSA's provision of the
NSA information does not set a precedent with respect to NSA's relationships with
the Committees. NSA is providing the information to the JIS because it is committed
to cooperating with the inquiry.
ELEANOR HILL MICHAEL- V.

Joint Inquiry S taff Director, NS A/Chief, CSS
JUN-04-2003 18:3?
P. 001/004
OFFICE OF THE DEPUTY ASSK3PKNT SECRETARY OF DEFENSE

(INTELLIGENCE)
FAX COVER SHEET
Intelligence Policy Directorate

6000 Defense Pentagon, Rm 3C281
Washington, DC 20301-6000
DATE: TIME:
TO: PHONE
FAX:
FROM: PHONE: -(703)695-1831

UNCLASSFAX: (703)695-8215
CLASFAX: (703)614-7687
SUBJECT:
Number of pages including cover sheet:

Message
JUN-04-2003 18:37 P.002/004
BETWEEN
AND
THE JOINT INQUIRY STAFF OF THE SENATE SELECT
COMMITTEE ON INTELLIGENCE
AND
THE HOUSE PERMANENT SELECT COMMITTEE ON INTELLIGENCE
REGARDING
THE SEPTEMBER 11,2001 TERRORIST ATTACKS
I. Purpose
1. The purpose of this Memorandum of Understanding ("MOU") between the

National Security Agency ("NSA") and the Joint Inquiry Staff ("JIS") of the Senate
Select Committee on Intelligence and the House Permanent Select Committee on
Intelligence ("the Committees") is to set forth the procedures that the parties agree to •
follow in storing, safeguarding, and providing access to records relating to the
Committees1 joint inquiry into the September 11, 2001 terrorist attacks against the
United States (the "joint inquiry").
II. Background
2. By letter dated 14 March 2002, the Director of Central Intelligence ("DCI")

informed the Director, NSA that he had received a letter dated 21 February 2002 from
the Committees. The DCI implemented the Committees' request that he direct the
Intelligence Community to satisfy requests from the Staff Director of the JIS for
documents, testimony, and other information as deemed relevant to the inquiry.
3. Members of the JIS were cleared to the TOP SECRET level and given access
to Sensitive Compartrnented Information. NSA has satisfied requests from the JIS by
providing information (including classified information) deemed necessary for the
conduct of the inquiry to the JIS at NSA Headquarters (the "NSA information"). The
JIS has requested that NSA provide the NSA information in electronic form to the JIS
at its offices at the Ford Building. The security office of the House Permanent Select
Committee on Intelligence ("HPSCI") has requested that the NSA information be
temporarily stored in HPSCI information systems until the information systems at the
Ford Building can be properly accredited.
4. NSA has agreed to provide the NSA information as requested, subject to the
terms and conditions as provided in this MOU.
7 JUN-04-2003 18=38 P.003/004
III. Procedures
5. Assistance with the Disposition of the NSA Information. Upon request

from the Committees, NSA-will provide an experienced records management officer
to assis: the Committees and the JIS with the assessment, retirement, and disposition
of the NSA information, in accordance with federal law.
6. Ownership and Control of the NSA Information. The parties specifically

acknowledge and agree that the NSA information provided to the JIS under the terms
and conditions of this MOU is classified as markedly NSA and will be owned and
controlled by the Congress during and after the completion of the joint inquiry. NSA
agrees to provide the NSA information for the sole purpose of assisting the JIS in the
writing of its report. TheJIS, therefore, agrees that access to these records while they
reside at the Ford Building or in the HPSCI SCIF will be limited to the JIS and
Members of the Congress.
1, Given the sensitive nature of the NSA information, the JIS agrees to provide it
with the full protection as required by law and DCI policy. Provision of the NSA
information is subject to the completion of a survey and accreditation of the JIS
information systems where the records will be stored to the satisfaction of the NSA
Chief Information Officer. When the JIS information system is accredited, all NSA
information provided to the JIS (including information in electronic form) will be
transferred securely to the Ford Building and will be entirely removed from all
temporary storage (including electronic systems) within the HPSCI spaces.
8. Final Storage of the NSA Information. Upon the conclusion of the joint
inquiry, the JIS shall promptly return .the NSA information, to NSA. NSA will store
.these materials as a separate collection on behalf of the Committees, in accordance
with federal law. NSA will ensure that no individual requesting authorized official
access will be permitted access to the NSA information without appropriate security
clearances and under appropriately secure conditions. All requests for access must be
authorized in writing and in advance by the Chairman and Vice-Chairman of the
Senate Select Committee on Intelligence, or the Chairman and Ranking Minority
Member of the HPSCI. or any U.S. Government official(s) designated by the
foregoing Members. To ensure that access is provided in accordance with the terms
of the official authorization and the present MOU, a copy of such written tasking or
written authorization will be provided to the Director, NSA or his designee, who will
respond in a timely and expeditious manner to requests for authorized official access
to the materials after verifying the requester's clearances. It is agreed that NSA
records management personnel responsible for preserving, storing, and safeguarding
the NSA information shall have whatever access they need in order to perform these
functions.
JUN-04-2003 18=33 P.004/004
9. Requests for Public Access to the NSA Information While Stored at NSA.
NSA notes that Congressional records are not subject to the terms of the FOIA, the
Privacy Act, or the mandatory declassify cation review provisions of Executive Order
12958. During the time NSA stores the NSA information, the parties agree that NSA
will handle public requests for access to these materials accordingly. Final decisions
on public access will be made only in consultation with the Committees. In this -
regard, NSA will review, coordinate with all interested parties, and respond
appropriately to requests for public access to these materials made pursuant to the
Freedom of Information Act (FOIA), Privacy Act, Executive Order 12958, or other
legal authority providing for public access to government records.
- IV. Miscellaneous.
10. The parties specifically acknowledge and agree that.NSA's provision of the
NSA information does not set a precedent with respect to NSA's relationships with
the Committees. NSA is providing the information to the JIS becauseit is committed
to cooperating with the inquiry.
ELEANOR HELL MICHAEL V. HAY&EN

Joint Inquiry Staff Director, NSA/Chief, CSS
TQIBL P.004

9/11 Commission Documents About Its Investigation of The NSA

Enviado por

Dados do documento

Título original

Direitos autorais

Formatos disponíveis

Compartilhar este documento

Compartilhar ou incorporar documento

Opções de compartilhamento

Você considera este documento útil?

Este conteúdo é inapropriado?

Direitos autorais:

Formatos disponíveis

9/11 Commission Documents About Its Investigation of The NSA

Enviado por

Direitos autorais:

Formatos disponíveis

J UN . IB . lei : MO.498 P.

Ms. Lorry Fenner

Re: (U//FOUO) Request for Clarification

(U//FOUO) In response to an earlier informal request for a written overview of

Very truly vours.

UNCLASSIFIED//FOR OFFICIAL USE ONLY

Folder Title: NSA

Subject: Handwritten note and attachment re: terrorist trac

RETRIEVAL #: 221 00002 0001 19

Re: U//FOUO) Document Request No. 6

(U//FOUO) We will continue to provide responses on a rolling basis as

Very truly yours,

DRV FM: NSA/CSSM 123-2

Folder Title: NSA

Subject: Document Requests

RETRIEVAL #: 221 00002 0001 20

Folder Title: NSA

Subject: National Security Agency Document Request

RETRIEVAL*: 221 00002 0001 21

Folder Title: NSA

Subject: National Security Agency Document Request

RETRIEVAL #: 221 00002 0001 22

Folder Title: NSA

Subject: National Security Agency Document Request

RETRIEVAL*: 221 00002 0001 23

NATIONAL SECURITY AGENCY

To: Steve Dunn,

Fax: 202/296-5545 Pages: Four pages, including cover sheet

Phone: 202/331-4060 Date: |1 2 August 2003

Pat Downs, DOD USD(I)

D Urgent X For Review D Please Comment D Please Reply D Please Recycle

NATIONAL SECURITY AGENCY

VIA FACSTMTT.TC /IND U.S. MAIL

Re: Principles and Procedures for National Commission Review and

reviewing and handling National Security Agency (NSA) documents and

As the Director and I discussed with Phillip Zelikow on 29 April 2003, it

With regard to the first category of responses, some NSA responses to

In the case of responses containing information revealing sensitive sources

designate, at his sole discretion, a limited number of TS//SI cleared individuals to

In general, the documents and information being made available by NSA

As you know, the NSA intelligence documents sought by the Commission

We look forward to continued cooperation with the Commission and its

VIA HAND DELIVERY

Re: (U//FOUO) National Security Agency Document Request

Dear Mr. Marcus:

(U//FOUO) Enclosed are documents responsive to NSA Document

DOWNGRADE TO UNCLASSIFIED//FOR OFFICIAL USE ONLY \d From: NSA/CSSM 123-2

(U//FOUO) Please telephone me at 301/688-6054 if you need any

CENTRAL INTELLIGENCE AGENCY

Office of General Counsel

Mr. Philip Zelikow, Executive Director

RE: (U) Your memorandum, dated 16 October 2003, regarding

Dear Mr. Zelikow:

(U) In reply to your memorandum of 16 October 2003,

9/11 Closed by Statute

Assistant General Counsel

Document is UNCLASSIFIED CL BY:

Folder Title: NSA

Subject: National Security Agency Document Request

RETRIEVAL #: 221 00002 0001 24

NATIONAL SECURITY AGENCY /C'^N (y ~>

(U//FOUO) NSA Document Request No. 1, sub-part 3, reads: "Requirements

TOF SECRET//COMINT//REL TO USA AND ODR//X-t—