Dm B8 Team 7 Fdr- 11-4-03 Letter From Marcus To Goodwin Proctor Re Non-disclosure Agreement Re Massport Records 495

Thomas H. Kean CHAIR

November 4, 2003

Lee H. Hamilton VICE CHAIR Richard Ben-Veniste Max Cleland

Christopher D. Moore Esq. Goodwin Procter LLP Exchange Place Boston, Massachusetts 02109

Fred F. Fielding Jamie S. Gorelick Slade Gorton John F. Lehman Timothy J. Roemer James R. Thompson

Philip D. Zelikow EXECUTIVE DIRECTOR

Dear Mr. Moore: This letter will memorialize understandings we have reached as to the handling by the Commission of documents produced by Massport in response to our document requests. First, during the pendency of our investigation, the Commission will maintain documents produced by Massport — whether or not they contain or constitute SSI - in nonpublic files and will not disclose such documents publicly. After the Commission goes out of existence, the documents will be deposited in the National Archives, with appropriate restrictions on their availability to the public. The Commission may cite or refer to Massport documents in its final public report or in a public hearing conducted by the Commission, but we will give Massport prior notice in the unlikely event that we plan to reproduce any Massport document in our final public report. Second, should any third party subpoena or other request for Massport documents be served on or presented to the Commission, we will give timely notice to Massport. We intend, with the assistance of the Justice Department, to resist any legal action to require us to disclose such documents. Sincerely, )aniel Marcus General Counsel

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