9/11 Commission Documents about Its Investigation of the NSA

8/14/2019 9/11 Commission Documents about Its Investigation of the NSA

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MO.498 P.2

^ _ AGENCY^CENTRAL SECURTTTgERVlCEG EO R G E G. MEADE, MARYLAND 2O7BB-6000Serial: LIT-136-04IS June 2004

Ms. LorryFennerStaff, National Commission onTerrorist AttacksUpon the United States2100 K Street, N W3rd FloorWashington, DC 20037

Re: (U//FOUO) Request for ClarificationDear Ms.Fenner:

(U//FOUO) In response to an earlier informal request for a written overview ofthe Trailblazer and Groundbreaker programs, you were provided a one-page overviewof theseprograms (bates ## 04538-04539). As a follow-on request, youhave asked fora less technical understanding ofTrailblazer. NSA's response (bates ## 04610-04612)is sensitive and will therefore bemaintained at NSA's L Street office foryour review.

(U//FOUO) Please telephone me at 301/688-6054 if you need any additionalinformation.Very truly vours.

AttorneyOffice of Associate General Counsel(Litigation)Copy Furnished:Ms. Pat Downs, DoD(via facsimile)

UNCLASSIFIED//FOR OFFICIALUSEONLY


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ACCESS RESTRICTEDThe item identified below has been withdrawn from this file:

Folder Title: NSADocument Date: 01-20-2004Document Type: Attachment/EnclosureFrom:To:

Subject: Handwritten note and attachment re : terrorist tracking

In the review of this file this item was removed because access to it isrestricted. Restrictions on records in the National Archives are stated ingeneral and specific record group restriction statements which are availablefo r examination.

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C E N T R A L SE C U R IT Y SE R V I C EFORT GEORGE G. MEADE, MARYLAND 2O75S-6OOO

Serial: 091-045 April 2004VTACOURIERMr. Daniel MarcusGeneral CounselNational Commissionon Terrorist AttacksUpon the United States2100 K. Street, NW3rd FloorWashington, DC 20037

Re: U//FOUO) Document Request No. 6Dear Mr. Marcus:

(U//FOUO) Enclosed is a document responsive to NSA Document Request No. 6(bates ## 04475-04477).(U//FOUO) Wewill continue to provide responses on a rolling basis asresponsive documents are assembled and reviewed, as the Commission has requested.(U//FOUO) Please telephone me at 301/688-6054 if you need any additionalinformation.

Very trulyyours,

KAREN M. VALENTINEAttorneyOffice of Associate General Counsel(Litigation)

Copy Furnished:Ms. Pat Downs,DoD(via facsimilew/o enclosure)

D RV FM: NSA/CSSM 123-2Da ted: 24 Feb 98DECL ON: X IThis Idler c an h e downgraded to U N C L A S S 1 F I E D / / F O R O F F I C I A L U SE ONLY upon r emova l o f enc losures .

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Folder Title: NSADocument Date: 02-10-2004Document Type: LetterFrom: Office of Associate General CounselTo: Daniel Marcus

Subject: Document Requests

In the review of this file this item was removed because access to it isrestricted. Restrictions on records in the National Archives are stated ingeneral and specific record group restriction statements which are availablefor examination.

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Subject: National Security Agency Document Request


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Subject: National Security Agency Docum ent Request

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UNCLASSIFIED

NATIONAL SECURITY AGENCYOffice of General Counsel

To:Fax:Phone:Re:

^teve Dunn, Kean Commission D/GC202/296-5545202/331-40609/1 1 ,Kean Commission Inv., Draft letter

From: Peter R. Badger, 301/688-6054Pages: Four pages, including cover sheetDate: |12 August 2003CC: Chad Boudreaux, DoJ CivDiv

Pat Downs, DOD USD(I)

D Urgent X ForReview D Please Comment D Please Reply D Please Recycle

- The Acting General Counsel of NSA has signed the attached letter and is callingthe Kean Commission General Counsel about it. The entire contents of the lettermay bediscussed withany member of his office.

UNCLASSIFIED


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X1^1002

NATIONAL SECURITY AGENCYCENTRAL SECURITY SERVICE

FORT GEORGE G. MEADE . MARYLAND 2O7S5-6OOO

Serial: GC/167/0312August 2003

VIAFACSTMTT.TC /INDU.S. MAILDaniel MarcusGeneral CounselNational CommissiononTerrorist Attacks

Upon the United States3017th Street SW, Room 5125Washington, DC20407Re: Principles and Proceduresfor National Commission ReviewandHandling ofNational Security Agency DocumentsandInformation

Dear Mr. Marcus: \sletter offers a set ofprinciples and procedures f o* r identifying,

reviewing and handling National Security Agency (NSA) documents andinformation requested by the National Commission. Wehave reviewedyour29 July 2003 letter toThomas A.Monheim, Special Assistant to the Presidentand Associate General Counsel and believe this letter is consistent with theagreement between the ExecutiveOffice of the President (EOP)and theCommission youmemorialized in that letter.As the Director and I discussed with Phillip Zelikow on 29 April 2003, itremains our position that the NSAwill fully support the workof the NationalCommission. Webelieve the responses to your documentandinformationrequests will fall into three categories: discrete information, highly sensitiveinformation, and responsivebut irrelevant information (the request may notclearly define information sought or the type ofsearch expected of NSA).With regard to the first categoryofresponses, someNSAresponses toCommission requests may result in discrete categories ofdocuments, e.g.NSAstrategicplanning documents. NSAwill provide such documents to the

Commission at its KStreet facility unless information in the documentsrelatesto particularly sensitive sources and methods.In the case ofresponses containing information revealing sensitive sourcesand methods, NSA will retain custody of this information and will make itavailable to the Commission in NSA facilities. Mr. Zelikow has agreed to


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designate, at his sole discretion, a limited number ofTS//SI cleared individuals toreview those materials NSAdetermines are particularly sensitive. NSAwillstrictly control access to these materials.With respect to the third categoryofresponses, NSAwill work with theCommission to identify the information sought in order to retrieve documentsmost Likely to be responsive and relevant to the Commission inquiry. Experiencehas taught us that even carefully constructed search strategies yield a highpercentage ofirrelevant documents. NSA is prepared to review the results of itssearches and identify the documents that appear relevant to the Commission'srequests for information. NSAwill provide these documents, to the extent theyare not particularly sensitive, to the Commissionat its KStreet facility. NSAwill maintain for Commission review at NSA a copy of the irrelevant documentsretrieved as a result ofthe search but not delivered to the Commission's facilityfor review.In general, the documents and information being made availableby NSAwill be accessible only to Commissioners and designated TS//SI cleared membersof the Commission staff, and those with access to NSA documents andinformation will only share such information with other designated members ofthe Commission staff. NSA information provided in response to Commissionrequests will not be shared outside the Commission other than in theCommission's report.As you know, the NSA intelligence documents sought by the Commissionare classified because of the extreme sensitivity and fragilityof signalsintelligence (SIGINT) sources and methods. Disclosure of the mere existence ofSIGINT reports, when related to specific foreign intelligence targets, endangersNSA's capabilities against those targets. Your 29 July 2003 letter confirms thatthe Commission agrees to protect the information provided and to prevent itsunauthorized disclosure, including strict adherence to all applicable regulationsand guidelines for the handling of classified information and observance of the"need-to-know" principle.Finally, consistent with your agreement with the EOF, Commission notesof particularly sensitive NSAdocuments will not be verbatim. TheCommission

will ensure that any notes taken at NSA are portion marked and thatNSAreviews the notes for classification prior to removal from NSAspaces.


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We look forward to continued cooperation with the Commission and itsstaff. If youwould like to discuss these procedures or any other matter, I urgeyou to contact me.

Sincerely,

VITOT.POTENZAActing General Counsel

Copy Furnished:Mr. Robert Deitz, DoDActing D/GC (Intelligence)Mr. Scott Muller, CIAOGCMr. Chad Boudreaux, DoJ Civil Division


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FORT GEORGE G. MEADE, MARYLAND 2O7S5-6OOO

24 October 2003

VIA HAND DELIVERYM r. Daniel MarcusGeneral CounselNational Commission on Terrorist AttacksUpon the United States2100 K. Street, NW3rd FloorWashington, DC 20037Re: (U//FOUO) National Security Agency Document Request

Dear Mr. Marcus:(U//FOUO) Enclosed are do cum ents responsive to NSA Do cum entRequest No. 1, sub-part 3 (bates ## 02633-02684), as that document requestwas clarified in Lorry Fenner's mem orandum dated October 20, 2003.(U//FOUO) Additional docum ents responsive to DoD DocumentRequest N o. 4, sub-part 26 (bates ## 02685-02704) are available to theCommission. The docum ents contain inform ation revealing particularlysensitive sources and methods. Pursuant to our agreement, NSA will retaincustody of these docum ents and will mak e the docum ents available to the

Commission in NSA facilities.(U//FOUO) The docum ents provided in response to DoD Docum entRequest 4, sub-part 26, are watch center logs, which are inform al, workingpapers based on limited information and should not be considered finalagency action or intelligence prod uct. These logs contain n ames of NSAemployees. If the Com mission requires contact with any NSA individuals,the request should come through me. Additionally, we request that thenames of NSA employees not be disseminated outside of the Commissionmembers an d staff.(U//FOUO) W e will continue to provide responses on a rolling basis asresponsive documents are assembled and reviewed, as the Commission hasrequested.

DOWNGRADE TOUNCLASSIFIED//FOR OFFICIAL USE ONLY \d From: NSA/CSSM 123-2UPON REMOVA L OF ENCLOSURES J Dated: 24 February 1998,/ Declassify on:X I

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(U//FOUO) Please telephone me at 301/688-6054 if you need anyadditional information.Very truly yours,

EN M. VALENTINEAttorneyOffice of Associate General Counsel(Litigation)Ends:a/sCopy Furnished:Ms. Pat Downs, DoD (less encls)(via facsimile)

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FORT GEORGE G. MEADE, MARYLAND 2O755-6OOOSerial/098/0317 October 200VIA HAND DELIVERYM r. Daniel MarcusGeneral CounselNational Commission on Terrorist AttacksUpon the United States2100 K. Street, NW3rd FloorWashington, DC 20037

Re: (U//FOUO) Document RequestsDear 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 24September 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 documentscontain information revealing particularly sensitive sources and methods. Pursuant toou r agreement, NSA will retain custody of these documents and will make thedocuments available to the Commission in NSA facilities.(U//FOUO) The documents responsive to DoD Document Request 4, sub-part26, are watch center logs, which are informal, working papers based on limitedinformation and should not be considered final agency action or intelligence product.These logs contain names of NSA employees. If the Commission requires contact withany NSA individuals, the request should come through me. Additionally, we requestthat the names of NSA employees not be disseminated outside of the Commissionmembers and staff.(U//FOUO) NSA Document Request No. 1, sub-part 3, reads: "Requirements

documents approved by senior policy officials tasking N SA systems to collect andanalyze information on terrorism from 1998 to the present, particularly thosedocuments that tie to PDD-35." During a 30July meeting, we discussed this request,among others, with Commission staff, Kevin Scheid, Lorry Fenner, and GordonLederman, because the request did not clearly define the information sought or thetype of search expected of NSA. During that meeting, we showed the Commissionstaff the types of documents that we believed would be responsive to the request anddiscussed the volume ofdocuments that would be responsive. As a result of themeeting, we understand that, at this time, we are not to provide documents but rathershould provide briefings on the requirements process. After the briefings, one of whichD O W N G R A D E TO UNCLASSIFIED//FOUO Derived From: NSA/CSSM 123-2UPON R E M O V A L O F ENCLOSURES Dated: 24 February 1998Declassify on: XI

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has already been provided, the Commissionmay choose to modify the documentrequest or, alternatively, the documents may not be needed.

(U//FOUO) Wewill continue to provide responses on a rolling basis asresponsive documents are assembled and reviewed, as the Commission has requested.(U//FOUO) Please telephone me at 301/688-6054 if you need any additionalinformation.

Very truly yours,

C N M .VALENTINEAttorneyOffice of Associate General Counsel(Litigation)Ends:a/sCopy Furnished:M s. Pat Downs, DoD(less ends)(via facsimile)

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Folder Title: NSADocument Date: 08-28-2003Document Type: LetterFrom: Office of Associate General CounselTo: Scheid/Fenner

Subject: Pending Requests


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UNCLASSIFIED//FOR OFFICIAL USE ONLYM E M O R A N D U M O F U N D E R ST A N D IN GBETWEENT H E N A T I O N A L SE C U R IT Y A G E N C YA N DT H E N A T I O N A L C O M M I SS IO N O N T E R R O R I S T A T T A C K S

UPON THE UNITED STATESI. Purpose(U//FOUO) This Memorandum of Understanding (MOU) sets forth agreementsbetween the Nat ional Security Agenc y (NSA) and the Nat ional Com mission onTerrorist Attacks Upon th e Un ited States (Nation al Com mission) w ith regards toth e procedures for the Nat iona l Com m iss ion ' s access to , and s torage of, NSAin forma t ion as the Nat iona l Comm iss ion inve s t iga tes th e terrorist attacks ofSeptember 11, 2001, occurr ing at the W orld Trade Cen te r in New Y o r k , NewYork , in Somerse t Co unty , Penn sy lvan ia , and at the Pentagon in V i r g i n i a .

II . Background1. (U//FOUO) Purs uan t to the Inte l l igence Autho rizat ion Act for Fiscal Year2003, the Nat iona l C o m m i s s i o n , w h e n i nves t iga t ing fac ts a n d c i r c u m s ta n c e srela t ing to the In te l l igence C o m m u n i t y , m u s t first rev iew the in forma t ioncompi led by, and the f indings, c o n c l u s i o n s , and recommenda t ions of, the J o i n tInqui ry of the Select Comm it tee on Intel l igence of the Senate and thePermanent Select Committee on Intelligence of the House of Representativesregarding th e terrorist attacks of September 11, 2001 (Joint Inqu iry) . TheN SA documents provided to the Joint Inquiry ("Joint Inq uiry records") are

stored at NSA H eadquarters (HQ). NSA also has m ain tain ed a cop y of themater ia ls i t provided to the Joint Inquiry .2 . (U//FOUO) National Commission staff have varying levels of securityclearances . On ly those c leared for TOP SEC RET/Sensi t ive Com partmentedInformation (TS/SCI) w i l l be autho rized access to NSA i n fo r m a t i o n . Ini t ia lreview of NSA mater ia l wi l l take place at NSA HQ .3. (U//FOUO) TS/SCI-cleared National Commission staff will conduc t bus inessfrom an accredi ted Sensi t ive Com partmented In form ation Faci l i ty (SCIF)located a t a K Street , W ash ing ton , D.C. , fac i l i ty .

HI. Procedures1. (U//FOUO) National Commission access to NSA l imited-distributioninformation. Certain part icular ly s e n s i t i v e NSA i n fo r m a t i o n wi l l be sharedo n ly with the l i m i t e d n u m b e r of staff designated by the N a t i o n a l C o m m i s s io nStaff Director as h a v in g a "need- to -know." NSA wil l mark such mate r ia l asrequi r ing l imi ted d i s t r ibu t ion , and wil l store this i n fo r m a t i o n at N S A . T he

UNCLASSEFIED//FOR OFFICIAL USE O N L Y


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Nat i ona l Com mission 's access to and review of l imited-distr ibution mater ia lwi l l take place a t N S A H Q o r N S A ' s Washington, D.C. faci l i ty. N S A w i l lmain ta in an access log of all l imi ted-d is tr ibu t ion in fo rmat ion and w i l lindoctr inate appropr ia te Nationa l Com mission personnel as needed.2 . (U//FOUO) National Commiss ion access to and r eview of N SAinformation provided to the Joint Inquiry . N SA w i l l provide the N a t i o n a lCommiss ion access to a copy of NSA mater ia ls provided to the Congressional911 Jo in t Inqui ry . In i t i a l ly , the l imi ted numb er o f TS/SCI-cleared staffdesignated by the staff director wi l l review the copy of the mater ia l NSAprovided to the Jo in t Inqui ry a t NSA HQ and de termine w hic h records theNat i ona l Comm ission deems relevan t to i ts inve st igat io n. W ith the excep tionof l imi ted-d is tr ibu t ion in fo rma t ion , copies of the r e levan t m a ter ia ls wil l besent to the Nat iona l Com miss ion 's SCIF at the K Street faci l i ty .3. (U/ /FOUO) Upon receipt of wri t ten au tho r iza t ion f rom th e J o i n t I n q u i r y ,

N SA will provide th e Nationa l Commission access to Joint Inquiry recordsunder th e same terms set forth herein fo r providing access to the copy ofmater ia ls N SA provided to the Jo in t Inqui ry .4. (U//FOUO) Requests fo r additional N SA information. If , after rev iewingthe copy o f mater ia ls N SA provided to the Joint Inquiry o r Jo in t Inqui ryrecords , the Na t iona l Com miss ion r equests add i t iona l in fo rmat ion , a s ou t l ine din th e I n t e l l igen ce A u tho r i za t i o n A c t , N SA wil l ini t i a l ly provide the N a t i o n a lC o m m iss io n Staff Direc to r and designated TS/SCI-cleared staff access to su chin format ion at NSA HQ. W ith the exception of l imited-distr ibution m ater ia l ,documents des igna ted as r e levan t wi l l be sent to the K Street SCIF.

Interviews, br ief ings, and discussions wi th NSA employees (cur ren t andformer) wi l l be conducted a t NSA.5 . (U//FOUO) Procedures for making requests. Requests for NSAi n fo rmat ion ( inc lud ing r eques ts fo r d o cum en t s , an d i n t e r v i ew s , b r i e f i n gs ,d iscuss ions and tes t imony, wh ether o f cur ren t o r fo rmer em ployees) m us t bemade in wri t ing . Each r eques t must be addressed to Pa t D o w n s , Office of theUnder Secretary of Defense for In tel l igence; wi th a cour tesy copy to Chad N.Bou dreaux, Depar tmen t of Jus t ice , and to Karen Va len t ine , N SA Off ice of theGeneral Counsel (OGC). Each request mu st be as specif ic as possible,proper ly classified, dated, and indicate a Na tiona l Com mission point of

contact to w h o m th e response and/or any questions related to the request m aybe directed, as w e l l as the urgency of the requested information.6 . (U//FOUO) National Commiss ion notes regarding N SA informat ion .Th e N a t i o n a l C o m m i s s i o n m a y t ake no tes r egard ing N SA i n f o r m a t i o n . N o t e smust be appropr ia te ly c lass i f ied and por t ion marked . W i th the excep t i o n ofnotes o n l imi t ed -d i s t r i bu t i on N SA m a te r i a l , N a t i o n a l C o m m iss io n n o t e s m a ybe stored a t the K Street SCIF. Before notes are rem oved from NSA HQ, th ey

UNCLASSIFIED/ /FOR OFFICIAL USE O N L Y


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UNCLASSIFIED//FOR OFFICIAL USE ONLYmus t be reviewed fo r classification and appropr ia te ly marked by the Nat iona lCommission, and init ia led by a NSA POC. The rev i ew of notes wil l becarried out as qu ick ly as possible.

7 . (U//FOUO) Classification Review of Materials . An y J o i n t Inquiry recordsbased on NSA informat ion provided to the Na t ion a l Commiss ion , or anyNat iona l Comm ission-genera ted m a ter ia l s t ha t c on t a in NSA i n format ion , wil lbe made a vai lable to NSA for a c lassif ica t ion review. NSA w il l label thoserecords c on t a i n i n g l imited-dis t r ibut ion NSA i n fo rmat ion appropr i a t e ly .

8 . (U//FOUO) Handling of the NSA information during th e investigation.NSA agrees to provide the NSA informat ion for the sole purpose of assistingth e Nation al Commission in the writ ing of its report . The pa rt ies specif ica l lyackno wledge and agree th a t NSA will determine the c lassif ica t ion of NSAinformation provided to the Nat ion a l Commiss ion . Given th e sens i t ive na tureof the NSA i n f o rma t ion , th e Nat iona l Commiss ion wi l l sa feguard the NSAmateria l released for storage at the K Street SCIF with the full protect ionrequired by law and DCI po l i c y .

9. (U//FOU O) Transporting of NSA Information. NSA informat ion sent toth e SCIF at the Nat iona l Com miss ion ' s K St ree t faci l i ty wil l be t ranspor tedvia author ized means deemed appropr ia te by NSA.10. (U//FQUO) Final storage of NSA information provided to the NationalCommission at the K Street facility. Upon c onc lus ion of it s i nves t iga t ion ,th e Nation al Commission sh al l return the NSA informat ion to NSA. NSA

wil l store these ma teria ls as a sepa rate co l lec t io n on beha l f of the Legis la t iveB r a n c h , in accordance with federal l a w , a n d wi l l segregate th e l im i ted-distr ibution materia l . NSA will ensure th at no ind ividu al wil l be permittedaccess to the NSA informat ion w i thou t appropria te securi ty c learances, anofficial nee d-to-kno w, and under appropria tely secure cond it ions. Allrequests for access mu st be auth orized in w rit in g and in ad vanc e by theCha i rman and Vice-Cha i rman of the Senate Select Committee on Inte l l igence ,o r t he Cha i rma n a nd Ra nk ing Minor i ty Member o f t he H ouse Pe rma nen tSelec t Commit tee on In te l l igence ( t he Com mi t t ees ), or any U .S . G o v e r n m e n toff icial(s) designa ted by the foregoing Members . To ensure tha t access isprovided in a c c o rda nc e with th e terms of the off ic ia l au thor iza t ion and thepresent MOU, a c opy of such wri t ten ta sking or wri t ten author iza t ion wil l beprovided to the Director, NSA or his des ignee , w ho wil l respond in a t imelyand e xpedi t ious man ner to reques ts for autho r ized official access to themateria ls after verifying th e reques ter ' s c lea rances . It is agreed tha t NSArecords m an agem ent personn el responsib le fo r preserving , stor ing, andsa feguard ing the NSA in format ion shal l h a v e th e access t hey need in order toperform these func t ions .

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UNCLASSIFIED//FOR OFFICIAL USE ONLY11. (U//FOUO) Post-investigation requ ests for pu blic access to NSAinformation pr ovided to the National Com mission. NSA notes tha tNational Com mission records are not subject to the terms of the Freedom ofInformation Act (FOIA), th e Privacy Act , or the m a n d a to ry declassif icationreview provis ions of Ex ecut ive Order 12958, as amended . The parties agree

t ha t upon comp le t i onof the invest iga t ion, pub lic requests fo r access to thesemateria ls wi l l be addressed to NSA. NSA wil l rev iew , coordinate with a llinterested parties , and respond a ppropr ia te ly to requests fo r publ ic access tothese ma terials ma de pur sua nt to the FOIA, Priva cy Act, Ex ecuti ve Order12958, as amended, or o ther lega l a u tho r i ty p rov id ing fo r public access toGovernment records.

PHILIP ZELIKOWStaff DirectorNational Commission on TerroristAttacks Upon the United StatesMICHAEL V. HAYDENLieutenant General , USAFDirector, Na tional Securi ty Agency /Chief , Central Security Service

DATE DATE

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SECRET//COMINT//X1NATIONAL SECURITY AGENCYCENTRAL SECURITY SERVICE

FORT GEORGE G. MEADE, MARYLAND 2O7SS-6OOO I/")Serial: LIT/071/03 / IMbAJMA^17 September 2003

VIA HAND DELIVERYMr. Daniel MarcusGeneral CounselNational Commission on Terrorist AttacksUpon the United States301 7th Street SW,Room 5125Washington, DC 20407Re: (U//FOUO) Document Requests

Dear M r. 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 thedocument request, directed to the Department ofJustice, regarding 9/11teleconferences.(U//FOUO) Some documents responsive to NSA Document Request No. 1, sub-

/part 1(bates ##02208-02306), are available to the Commission. Thedocumentscontain information revealing particularly sensitive sources and methods. Pursuant toour agreement, NSA will retain custody of these documents and will make thedocuments available to the Commission in NSA facilities.(U//FOUO) We will continue to provide responses on a rolling basis asresponsive documents are assembled and reviewed, as the Commission has requested.

(U//FOUO) Please telephone me at 301/688-6054 if you need any additionalinformation.Very truly yours,

KAREN M.VALENTINEAttorneyOffice of Associate General Counsel(Litigation)

Copy Furnished:Ms. Pat Downs, DoD(via hand delivery)Declassify Upon Removalof Enclosures DRV FM: NSA/CSSM 123-2Dated: 24 Feb 98DECL O N: X I

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~eeNFIDENTIAL//jet-NATIONAL SECURITY AGENCYCENTRAL SECURITY SERVICE

FORT GEORGE G. MEADE, MARYLAND 2O755-6OOOSerial: LIT-054-035 September 2003

VIA HAND DELIVERYMr. Daniel MarcusGeneral CounselNational Commission on Terrorist AttacksUpon the United States301 7th Street SW, Room 5125Washington, DC 20407

Re: (U//FOUO) NSA Document Request 1-4Dear Mr. Marcus:

(U//FOUO) Enclosed are some documents responsive to NSA Document RequestNo. 1, sub-part 4 (bates ## 01981-01992). These documents are provided pursuant toour 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 sensitivesources and methods. Pursuant to our agreement, NSA will retain custody of thesedocuments and will make the documents available to the Commission in NSAfacilities.

(U//FOUO) We will continue to provide responses on a rolling basis asresponsive documents are assembled and reviewed, as the Commission has requested.

(U//FOUO) Please telephone me at 301/688-6054 if you need any additionalinformation.Very tally yours,

KAREN M.VALENTINEAttorneyOffice of Associate General Counsel(Litigation)

Ends:a/sCopy Furnished:Ms. Pat Downs,DoD(via facsimile)D O W N G R A D E TO U NC LAS S I FE E D//FOR OFFI C I AL Derived From: NSA/CSSM 123-2U S E ONLY UPON R E M O V A L O F E N C L O S U R E S Dated: 24 February 1998Declassify on : XI


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TQFSECRET//COMINT//ORCON,NQrORN^Q /V ANATIONAL SECURITY AGENCYCENTRAL SECURITY SERVICE

FORT GEORGE G. MEADE, MARYLAND 2O755-6OOO

Serial: LIT-046-0328 August 2003

VIA HAND DELIVERYMr. Daniel MarcusGeneral CounselNational Commission on Terrorist AttacksUpon the United States301 7th Street SW,Room 5125Washington, DC 20407Re: (U) National Security Agency Document Request 1-6

Dear Mr. Marcus:(U//FOUO) Enclosed are documents responsive to NSA Document RequestNo. 1, sub-part 6 (bates ## 00833-00882). These documents are provided pursuantto our agreement as memorialized in Vito Potenza's letter to you dated 12 August2003.(U) Please telephone me at 301/688-6054 if you need any additionalinformation.

Very truly yours,

IEN M.VALENTINEAttorneyOffice of Associate General Counsel(Litigation)5 Ends:a/s

Copy Furnished:Ms. Pat Downs, DoD(less ends)(via facsimile)

DO WN G R ADE TO UNCL ASSIFIED//FOR OFFICIAL Derived From: NSA/CSSM 123-2US E ONLY UPON REMOVAL OF ENCLOSURES Dated: 24 February 1998Declassify on: X I

^FOP^ECRET//COMINT//OReeN,NOFORN//Xl


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_ .. . .. - - 1^1002


FORT GEORGE G. MEADE. MARYLAND 2O7S5-6OOO

Serial: GC/167/0312 August 2003

VIA FACSIMILEANDU.S.MAILDaniel MarcusGeneral CounselNational Commission onTerrorist AttacksUpon the United States3017th Street SW, Room 5125Washington, DC20407

Re: Principles and Procedures forNational Commission ReviewandHandling ofNational Security Agency Documentsand InformationDear Mr. Marcus:

This letter offers a set of principles and procedures for identifying,reviewing and handling National Security Agency (NSA) documents andinformation requested by the National Commission. Wehave reviewed your29 July 2003 letter to Thomas A.Monheim, Special Assistant to the Presidentand Associate General Counsel and believe this letter is consistent with theagreement between the Executive Office of the President (EOP) and theCommission youmemorialized in that letter.As the Director and I discussed with Phillip Zelikow on 29 April 2003, itremains our position that the NSAwill fully support the workof theNationalCommission. Webelieve the responses to your document andinformationrequests will fall into three categories: discrete information, highly sensitiveinformation, and responsive but irrelevant information (therequest may notclearly define information sought or the type of search expected of NSA).With regard to the first category ofresponses, someNSAresponses toCommission requests may result in discrete categories ofdocuments, e.g. NSAstrategic planning documents. NSAwill provide such documents to theCommission at its KStreet facility unless information in the documents relatesto particularly sensitive sources and methods.In the case ofresponses containing information revealing sensitive sourcesand methods, NSAwill retain custody of this information and will make itavailable to the Commission in NSAfacilities. Mr.Zelikow has agreed to


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

designate, at his sole discretion, a limited number ofTS//SI cleared individuals toreview those materials NSAdetermines are particularly sensitive. NSAwillstrictly control access to these materials.With respect to the third category of responses, NSAwill work with the

Commission to identify the information sought in order to retrieve documentsmost likely to be responsive and relevant to the Commission inquiry. Experiencehas taught us that even carefully constructed search strategies yield a highpercentage of irrelevant documents. NSA is prepared to review the results of itssearches and identify the documents that appear relevant to the Commission'srequests for information. NSAwill provide these documents, to the extent theyare not particularly sensitive, to the Commission at its KStreet facility. NSAwill maintain for Commission review at NSA a copy of the irrelevant documentsretrieved as a result of the search but not delivered to the Commission's facilityfor review.In general, the documents and information being made available by NSAwill be accessible only to Commissionersand designated TS//SI cleared membersof the Commission staff, and those with access to NSAdocuments andinformation will only share such information with other designated members ofthe Commissionstaff. NSA information providedin response to Commissionrequests will not be shared outside the Commission other than in theCommission's report.As you know, the NSA intelligence documents sought by the Commissionare classified because of the extreme sensitivity and fragility of signals

intelligence (SIGINT) sources and methods. Disclosure of the mere existenceofSIGINT reports, when related to specific foreign intelligence targets, endangersNSA's capabilities against those targets. Your 29 July 2003 letter confirms thatthe Commission agrees to protect the information provided and to prevent itsunauthorized disclosure, including strict adherence to all applicable regulationsand guidelines for the handling of classified information and observance of the"need-to-know" principle.Finally, consistent with your agreement with the EOF, Commission notesof particularly sensitive NSAdocuments will not be verbatim. The Commissionwill ensure that any notes taken at NSA are portion marked and that NSA

reviews the notes for classification prior to removal from NSAspaces.


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W e look forward to continued cooperation with the Commission and itsstaff. If you would like to discuss these procedures or any other matter, I urgeyou to contact me.

Sincerely,

VITO T. POTENZAActing General Counsel

Copy Furnished:Mr. Robert Deitz, DoD Acting D/GC (Intelligence)Mr. Scott Muller, CIAOGCMr. Chad Boudreaux, DoJ Civil Division


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FORT GEORGE G. MEADE, MARYLAND 2O755-6OOO

Serial: GC/167/0312 August 2003

VIA FACSIMILE ANDU.S.MAILDaniel MarcusGeneral CounselNational Commission on Terrorist Attacks

Upon the United States301 7th Street SW, Room 5125Washington, DC 20407

Re: Principles and Procedures for National Commission Review andHandling ofNational Security Agency Documents and InformationDear Mr. Marcus:

This letter offers a set ofprinciples and procedures for identifying,reviewing and handling National Security Agency (NSA) documents andinformation requested by the National Commission. Wehave reviewed your29 July 2003 letter to Thomas A.Monheim, Special Assistant to the Presidentand Associate General Counsel and believe this letter is consistent with theagreement between the Executive Office of the President (EOF) and theCommission youmemorialized in that letter.

As the Director and I discussed with Phillip Zelikow on 29April 2003, itremains our position that the NSAwill fully support the work of the NationalCommission. We believe the responses to your document and informationrequests will fall into three categories: discrete information, highly sensitiveinformation, and responsive but irrelevant information (the request may notclearly define information sought or the type of search expected of NSA).

With regard to the first category of responses, some NSA responses toCommission requests may result in discrete categories of documents, e.g. NSAstrategic planning documents. NSAwill provide such documents to theCommission at its K Street facility unless information in the documents relatesto particularly sensitive sources and methods.

In the case ofresponses containing information revealing sensitive sourcesand methods, NSA will retain custody of this information and will make itavailable to the Commission in NSA facilities. Mr. Zelikow has agreed to


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designate, at his sole discretion, a limited number ofTS//SI cleared individuals toreview those materials NSAdetermines are particularly sensitive. NSAwillstrictly control access to these materials.

With respect to the third category of responses, NSA will work with theCommission to identify the information sought in order to retrieve documentsmost likely to be responsive and relevant to the Commission inquiry. Experiencehas taught us that even carefully constructed search strategies yield a highpercentage of irrelevant documents. NSA is prepared to review the results of itssearches and identify the documents that appear relevant to the Commission'srequests for information. NSAwill provide these documents, to the extent theyare not particularly sensitive, to the Commissionat its K Street facility. NSAwill maintain for Commission review at NSA a copy of the irrelevant documentsretrieved as a result of the search but not delivered to the Commission's facilityfor review.

In general, the documents and information being made available by NSAwill be accessible only to Commissionersand designated TS//SI cleared membersof the Commissionstaff, and those with access to NSAdocuments andinformation will only share such information with other designated membersofthe Commission staff. NSA information provided in response to Commissionrequests will not be shared outside the Commission other than in theCommission's report.

As you know, the NSA intelligence documents sought by the Commissionare classified because of the extreme sensitivity and fragility ofsignalsintelligence (SIGINT) sources and methods. Disclosure of the mere existenceofSIGINT reports, when related to specific foreign intelligence targets, endangersNSA's capabilities against those targets. Your 29July 2003 letter confirms thatthe Commission agrees to protect the information provided and to prevent itsunauthorized disclosure, including strict adherence to all applicable regulationsand guidelines for the handling ofclassified information and observance of the"need-to-know" principle.

Finally, consistent with your agreement with the EOF, Commission notesof particularly sensitive NSAdocuments will not be verbatim. TheCommissionwill ensure that any notes taken at NSA are portion marked and thatNSAreviews the notes for classification prior to removal from NSA spaces.


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W e look forward to continued cooperation with the Commission and itsstaff. If you would like to discuss these procedures or any other matter, I urgeyou to contact me.

Sincerely,

VITO T.POTENZAActing General Counsel

Copy Furnished:Mr. Robert Deitz, DoDActing D/GC (Intelligence)Mr. Scott Muller, CIAOGCMr. Chad Boudreaux, DoJ Civil Division


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JUN-04-2003 18=37P.001/004

OFFICE OF THE DEPUTY ASSI^PriJNT SECRETARY OF DEFENSE(INTpEfXIGENCE)

FAX COVER SHEET

Intelligence Policy Directorate6000 Defense Pentagon, Rm 3C281Washington, DC 20301-6000_DATE:TO:

TIME:-PHONEFAX: ~

FROM: PHONE: (703)695-1831UNCLASSFAX: (703)695-8215CLASFAX: (703)614-7687

SUBJECT:Number of pages including cover sheet:Message


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JUN-04-2003 18:37 P.002/004

MEMORANDUM O F UNDERSTANDINGBETWEENTHE NATIONAL SECURITY AGENCYA N DTHE JOINT INQUIRY STAFF OF THE SENATE SELECTCOMMITTEE ON INTELLIGENCEAND

THE HOUSE PERMANENT SELECT COMMITTEE ON INTELLIGENCEREGARDINGTHE 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 Inq uiry Staff ("JIS") of the SenateSelect Committee on Intelligence and the House Permanent Select Committee onIntelligence ("the Committees") is to set forth the procedures that the parties agree tofollow in storing, safeguarding, an d providing access to records relating to theCommittees1 join t inquiry into the Septem ber 11, 2001 terrorist attack s aga inst theUnited States (the "joinnnquiry"). -II . Background

2. By letter dated 14 March 2002, the Director of Central Intel l igence ("DCI") i . . .informed the Director, N SA that he had received a letter dated 21 Febru ary 2002 from jthe Committees. The DCI implemented th e Committees' request that he direct the j.Intelligence Communi ty to satisfy requ ests from th e Staff Director of the JIS for [ documents , t es t imony, and other information as deemed re levant to the inquiry . j3. Members of the JIS were cleared to the TOP SECRET level and given accessto Sensi t ive Compartmented Inform ation. N SA has satisfied requests from the JIS byproviding inform ation (includ ing classified info rma tion ) deemed necessary for theconduct 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. Th e security office of the House Permanent Select JCommittee on Intelligence ("HPSC!") has requested that the NSA information betemporarily- stored in HPSCI information systems until the information systems at theFord Building can be properly accredited.

4. NSA has agreed to provide the NSA information as requested, subject to theterms and conditions as provided in this MOU.


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JUN-04-2003 1 8 = 3 3 P.003/004

III. Procedures5. Assistance with JheDisposition of the NSA Information^ Upon requestfrom the Committees, NSA will provide an experienced records ma na ge me nt officerto assist th e Committees and the JIS with the assessment, retirement, and dispositionof 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 th e termsand conditions of this MOUjs classified as marked by NSA and will be owned and _controlled by the Congress during and after th e completion of the joint inquiry. NSAagrees to provide the N SA information for the sole purpose of assisting the JIS in thewriting of its report. The JIS, therefore, agrees that access to these records while theyreside at the Ford Building or in the HPSCI SCIF will be limited to the JIS and _ -Members of the Congress. _ ~7. Given th e sensitive nature of the NSA information, the JIS agrees to provide itwith th e full protection as required by law and DCI policy. [Provision of the NSA

irtW" informat ion is subject to th e complet ion oT a survey an d accreditation of the JIS' i informat ion systems where the records will be stored to the satisfaction of the NSAChief Information OfficefJWhen the JIS information system is accredi ted, all NSA iinformation provided to th e JIS ( including information in electronic form) will be -transferred secure ly to the Ford Building and will be ent i re ly rem oved from all ~\.

A^UViemporary storage ( including electronic systems) with in th e HPSCI spaces. ;!8. Final Storage of the NSA Information. Upon th e conclusion of th e jo int j

0 1inquiry , the JIS shall promptly return .the NSA inform ation .to NSA. NSA will store ithese materials as a separate collection on behalf of the C ommi t t e e s , in accordancewith federal law. NSA will ensure that no individual request ing authorized officialaccess will be permitted access to the NSA information without appropriate securityclearances and under appropriately secure condit ions. All requests for access m u s t beauthorized in writing and in advance by the Chairman an d Vice-Chairman of theSenate Select Committee on Intelligence, or the Chairm an and Ra nkin g MinorityMember of the HPSCI. or any U.S. Government official(s) designated by theforegoing Mem bers. To ensure that access is provided in accordance with the termsof the official authorization and the present MOU, a copy of such written tasking orwritten authorization wil l be provided to the Director , NSA or his designee, w ho willrespond in a timely and expeditious immnerto requests for authorized official accessto th e materials after verify ing tha/t^f11ester's clearances. It is agreed that NSA

r\C\hrecords managem ent personnel responsible for preserving, storing, and safeguarding

e NSA infonrrmtiati^s^Inav^jR/hQlever access they n eed in order to perform these


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JUN-04-2003 18:33 P.904/004

I9. Requests fo r Public Access to the NSA Information \Vni le Stored at NSA. INS A notes that Congressional records are not subject to the terras of the FOIA, thePrivacy Act, or the mandatory declassify cation review provisions of Executive Order j12958. During the t ime N SA stores the NSA information, the parties agree that NSA iwill handle public requests fo r 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 al l interested parties, an d respondappropriately to requests fo r public access to these materials made pursuant to theFreedom of Information Act (FOIA), P rivacy Act, Executive Order 12958, or otherlegal autho rity providing fo r public access to government records.

IV. Miscellaneous.10. The parties specifically acknowledge and agree tha t .NSA's provision of theN SA information does not set a precedent with respect to N S A ' s relationships withthe Committees. NSA is providing th e information to the JIS because it is committedto cooper ating with th e inquiry.

ELEANOR HILL MICHAEL- V.Staff Director Lieute nant General, USA FJoint Inquiry S taff Director, NS A/Chief, CSS


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JUN-04-2003 18:3?P.001/004

OFFICE OF THE DEPUTYASSK3PKNT SECRETARY OFDEFENSE(INTELLIGENCE)

FAX COVER SHEET

Intelligence Policy Directorate6000 Defense Pentagon, Rm 3C281Washington, DC 20301-6000DATE:TO:

TIME:PHONEFAX:

FROM: PHONE: -(703)695-1831UNCLASSFAX: (703)695-8215CLASFAX: (703)614-7687

SUBJECT:Number of pages including cover sheet:Message


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JUN-04-2003 18:37 P.002/004

M E M O R A N D U M OF UNDERSTANDINGBETWEENTHE NATIONAL SECURITY AGENCYANDTHE JOINT INQUIRY STAFF OF THE SENATE SELECTCOMMITTEE ON INTELLIGENCE

A NDTHE HOUSE PERMANENT SELECT COMMITTEE ON INTELLIGENCE

REG ARDINGTHE SEPTEMBER 11,2001 TERRORIST ATTACKS

I. Purpose1. The purpose of this Memorandum of Understanding ("MOU") between th eNational Security Agency ("NSA") and the Joint Inquiry Staff ("JIS") of the Senate

Select Commit tee on Intell igence an d the House Permanent Select Commit tee onIntelligence ("the Committees") is to set forth the procedures that th e part ie s agree to follow in storing, safeguarding, and providing access to records relat ing to theCommittees1 joint inquiry into th e September 11, 2001 terrorist attacks against th eUni ted States (the "joint inquiry").II . Background

2. By let ter dated 14 M arch 2002, the Director of Central Intelli genc e ("DCI")informed the Director, N SA t h a t he had received a le t ter dated 21 February 2002 fromthe Commit tees. The DCI i m p le m e n t e d th e Commit tees ' request that he direct theIntelligence Community to satisfy requ ests from the Staff Director of the JIS fordocume nts, test im ony, and other information as deemed relev ant to the inquiry .3. Members of the JIS were cleared to the TOP SECRET level an d given accessto Sensi t iv e Compartrnented Information. NSA has sat isfied requests from the JIS byproviding informat io n ( including classified inf orm ati on) deemed necessary for theconduct of the inquiry to the JIS at NSA Headquarters ( the "NSA informat ion"). TheJIS has requested that N SA provide the NSA informat ion in electronic form to the JISat i ts offices at the Ford Building . The sec uri ty office of the House Permanent SelectCommittee on Intelligence ("HPSCI") has requested that the NSA informat ion betemporarily stored in HPSCI in formation systems until he informat ion systems at theFord Building can be properly accredited .4. NSA has agreed to prov ide the NSA informat ion as requested, subject to theterms and condi t ions as provided in th is MOU.


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7 JUN-04-2003 18=38 P.003/004

III. Procedures5. Assistance with the Disposition of the NSA Information. Upon request

from the Committees, NS A-w ill provide an experienced records m anagement off icerto assis: the Committees and the JIS with the assessment, retirement, and dispositionof the NSA information, in accordance with federal law.

6. Ownership and Control of the NSA Information. The parties specificallyacknowledge and agree that the NSA information provided to the JIS under the termsand conditions of this MOU is classified as markedly NSA and will be owned andcontrolled by the Congress during and after the completion of the joint inquiry. NSAagrees to provide the NSA information fo r the sole purpose of assisting the JIS in thewriting of its report. TheJIS, therefore, agrees that access to these records while theyreside at the Ford Building or in the HPSCI SCIF will be l imi ted to the JIS andMembers of the Congress.

1, Given the sensitive nature of the NSA info rm ation, the JIS agrees to provide itwith th e full protection as required by law and DCI policy. Provisio n of the NSAinformation is subject to the completion of a survey an d accreditation of the JISinformation systems where the records will be stored to the satisfaction of the NSAChief Info rm ation Officer. When the JIS info rm ation system is accredited, all NSAinformation provided to the JIS (including information in electronic fo rm) wi l l betransferred securely to the Ford Building and will be entire ly rem oved from alltem porary storage (in clu din g electronic systems) wi th in th e HPSCI spaces.

8. Final Storage of the NSA Information. Upon the conclusion of the jo intinquiry, the JIS shall promptly return .the NSA in fo rmat ion ,to NSA. N SA will store.these m aterials as a separate collection on behal f of the Commit tees , in accordancewith federal law . NSA will ensure that no individu al requesting authorized officialaccess will be permitted access to th e NSA information without appropriate securityclearances and under appropriately secure conditions. A ll requests for access must beauthorized in w ritin g and in advance by th e Chairm an and Vice-Chairm an of theSenate Select Committee on Intelligence, or the Chairman and Ranking MinorityMember of the HPSCI. or any U.S. Government official(s) designated by theforegoing Members. To ensure that access is provided in accordance with the termsof the official authorization and the present MOU, a copy of such written tasking orwritten authorization wil l be provided to the Director, NSA or his designee, w ho wil lrespond in a timely an d expedit ious m anner to requests for authorized official accessto the materials after verifying th e requester's clearances. It is agreed that NSArecords management personnel responsible for preserving, storing, and safeguardingthe N SA informat ion shall have whatever access they need in order to perform thesefunctions.


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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, thePrivacy Ac t, or the mandatory declassify cation review provisions of Executive Order12958. During the time NSA stores the NSA information, the parties agree that NSAwill handle public requests for access to these materials accordingly. Final decisionson public access will be made only in consultation with the Committees. In this -regard, NSA will review, coordinate w ith all interested parties, and respondappropriately to requests for public access to these materials made pursuant to theFreedom of Information Act (FOIA), P rivacy Act, Executive Order 12958, or otherlegal au thority providing for pub lic access to government records.

- IV. Miscellaneous.10. The parties specifically acknowledge and agree that.NSA's provision of theNSA information does not set a preced ent with respect to NSA's relationships withthe Committees. NSA is providing the information to the JIS becauseit is committedto cooperating with the inquiry.

ELEANOR HELL MICHAEL V. HA Y&ENStaff Director Lieute nant General, USA FJoint Inquiry Staff Director, NSA/Chief, CSS