Dm B8 Team 7 Fdr- Tsa Document Requests And Responses 489

U.S.

JAN 1 5 2004

ansportaton Security Administration

Mr. Daniel Marcus General Counsel National Commission on Terrorist Attacks Upon the United States 301 7th Street SW, Room 5125 Washington, DC 20407 Dear Dan: Under cover of this letter, the Transportation Security Administration (TSA) is releasing to the National Commission on Terrorist Attacks Upon the United States (Commission) documents containing Sensitive Security Information (SSI) relating to TSA's Computer Assisted Passenger Prescreening System (CAPPS). These documents are responsive to certain items requested in TSA Document Request No. 3. CAPPS is a security measure currently in operation and is integral to the safety and security of passenger air transportation. Public disclosure of the details of the screening selection factors of CAPPS and corresponding weights of those factors would significantly compromise the security of the traveling public. Unlike other SSI that must be shared relatively widely among individuals in the aviation industry in order to carry out their security obligations, information related to the factors and weights of CAPPS is among the most closely held SSI. TSA has limited access to this information to only a handful of specially briefed TSA employees and airline employees who have a predetermined need to know about specific factors and weights. TSA has worked closely with staff of the Commission to identify specific documents related to CAPPS that would be helpful in the Commission's fulfillment of its mandate. After reviewing copies of CAPPS documents responsive to the Commission's request, the Commission staff identified a subset of the responsive documents, of which they would like copies. Accordingly, enclosed with this letter are copies of those documents.

www.tsa.gov

We appreciate the efforts of the Commission's staff in helping TSA safeguard the information in these documents, which we as an agency believe is among the most sensitive and the protection of which is vital to the fulfillment of TSA's responsibility for aviation security. Sincerely yours,

itephen J. McHale Deputy Administrator Enclosures

Thomas H Kean

TSA BRIEFING REQUEST No. 2

CHAIR

Lee H. Hamilton VICE CHAIR

Richard Ben- Veniste MaxQeland Fred F. Fielding

The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the Transportation Security Administration (TSA or the "respondent") conduct an aviation security briefing, including a presentation replicating the pre-boarding aviation security procedures applied to the hijackers on September 11, 2001. We request that the simulation be conducted no later than October 15, 2001 and include the following:

Jamie S. Gorelick Skde Gorton John Lehman Timothy J. Roemer James R. Thompson

Philip D. Zelikow EXECUTIVE DIRECTOR

1. TSA should take all reasonable steps to ensure that the re-creation of the pre-boarding aviation security procedures in place on September 11, 2001 is as accurate as possible. Where there were differences of procedures or equipment used among the three departure airports, the Commission requests that TSA consult with Commission staff on how to account for those differences in the simulation. 2. Using the Computer Assisted Passenger Pre-Screening (CAPPS) computer program utilized to pre-screen the passengers on each of the four hijacked flights, TSA should input the tickjtjgseoiatiea-datarof each hijacker to ~ (letermine the status assigned by CAPPS to each of the individuals. 3. TSA should re-create the flight check-in procedures applied to the hijackers, including the presentation of passenger identification by the hijackers to airline counter personnel and the cross-referencing of the PNR to the applicable flight restriction notices (including the "no fly list") as of September 11,2001. 4. TSA should make available the identical make and model of checkpoint security equipment, including magnetometers, x-ray machines,'and metal detection hand wands, that was used to screen the hijackers on September 11, 2001. TSA should ensure that the devices used for the simulation are calibrated to precisely the same sensitivity as the equipment used to screen the passengers on September 11, 2001. During the simulation, the equipment will be tested using the items the FBI believes the hijackers may have had on their person or in their carry-on luggage. The requested briefing is for general background purposes only and will not be a substitute for later interviews the Commission and its staff may wish to conduct. September 3, 2003

Daniel Marcus General Counsel TEL (202) 331-4060 FAX (202) 296-5545 www.9-1 lcommission.gov

TSA DOCUMENT REQUEST No. 2 INDEX 7/28/03

ITEM 1. All FAA plans, procedures, protocols, or other guidelines related to hijacked airliners in effect on 9/11/01, and current plans and procedures regarding the same. This request includes, but is not limited to, all relevant training materials for pilots and crew, air traffic controllers, airport personnel, airline personnel, and FAA personnel. Binder l(a): FAA ACS Crisis Management Standard Operating Procedures in effect on September 11, 2001: Table of contents and responsive excerpts FAA ACS Civil Aviation Security Planning and Crisis Management Manual: table of contents and responsive excerpts DOT Order 1900. IF, FAA Emergency Operations Plan, issued September 2, 1998, and in effect on September 11, 2001: table of contents and responsive excerpts Civil Aviation Security Reference Handbook, May 1999 Air Carrier Standard Security Program (ACSSP), responsive excerpts in effect on September 11, 2001*: ACSSP Table of Contents* (highlighted pages with references to Crewmember Training); ACSSP Section Xm.J*; and ACSSP Appendix American Airlines (AALA) ACSSP Amendment AALA-01-28* (on Crewmember Training, Cockpit Crew Only) Common Strategy, FAA Training Video, dated January 4, 1999 FAA Office of Civil Aviation Security Policy and Planning (ACP) Policy Memorandum ACP- 100-90-0 10, dated May 2, 1990, titled "ACTION: PSI [Principal Security Investigator] Involvement in Security Training Programs"

' Previously provided in response to TSA Document Request No. 1; provided again here for convenience

SENSITIVE SECURITY INFORMATION/FOR OFFICIAL USE ONLY Warning: this document contains sensitive security information that is controlled under the provisions of 49 CFR Part 1520. No part of this document may be released without the written permission of the Administrator of Transportation for Security, Washington, DC 20590. Unauthorized release may result in civil penalty or other action. For U.S. Government agencies, public availability to be determined under 5 U.S.C. 552. Page 1 of 2

FAA Director of Civil Aviation Security Operations (ACO-1) Memorandum, dated August 14,2001, titled "ACTION: Emergency Notification Guidance" FAA Director of Civil Aviation Security Operations (ACO-1) Memorandum, dated August 28,2001, titled "ACTION: AGO Duty Officer Emergency Notification Guidance"

Binder 1(¥): TSA Aviation Operations (AVO) Directive 1900-1, Subject: Aviation Crisis Management Standard Operating Procedure, issued October 4, 2002, and in effect currently TSA Aviation Crisis Management Standard Operating Procedure, in effect currently: Table of Contents and responsive excerpts Aircraft Operator Standard Security Program (AOSSP), responsive excerpts currently in effect: AOSSP Table of Contents (highlighted pages with references to Crewmember Training); AOSSP Section XDIJ; and AOSSP Appendix XIH TSA Private Charter Standard Security Program (PCSSP), responsive excerpts currently in effect: Table of contents (pages with references to crewmember training) and Chapter 8, Security Coordination Functions Training Requirements Common Strategy & Related Matters, training presentation on current Common Strategy (Common Strategy ET), presented in June of 2002 to TSA Federal Security Directors (FSDs) Crew Training Common Strategy, Detailed Guidance, FAA document on Common Strategy n, issued January 18,2002 Memorandum of Understanding (MOU) between the Federal Aviation Administration and TSA, dated February 28, 2003: MOA and responsive Annex (Annex IV Crisis Management) Interagency Homeland Air Security (MAS) Summary Report, responsive excerpts: Background document; FAA HAS [Homeland Air Security] CONOPS [Concept of Operations] Summary; and TSA Draft CONOPS Note: the current FAA Crisis Management Handbook was previously provided to the Commission by the FAA SENSITIVE SECURITY INFORMATION/FOR OFFICIAL USE ONLY Warning: this document contains sensitive security information that is controlled under the provisions of 49 CFR Part 1520. No part of this document may be released without the written permission of the Administrator of Transportation for Security, Washington, DC 20590. Unauthorized release may result in civil penalty or other action. For U.S. Government agencies, public availability to be determined under 5 U.S.C. 552. Page 2 of 2

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Office of the Deputy Administrator

US Department of Transportation

800 Independence Ave., S.W. w«hinnmn

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Federal Aviation Administration

JUL 16 2GC3 Ms. Dana Hyde National Commission on Terrorist Attacks Upon the United States 301 7th Street, SW Room 5125 Washington, DC 20407

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Enclosed please find the Federal Aviation Administration's (FAA) first submission that responds to DOT Document Request No.2. This documentation fully responds to items 1, 2, 5(d), and 13. This response also includes FAA's full response to items 4(a) and 21. As indicated to Daniel Marcus in a July 9 memorandum from Lindy Knapp (DOT Deputy Chief Counsel), the majority of the response to item #4 is now the responsibility of the Transportation Security Administration. We will provide additional documentation as soon as possible. If you have questions, please contact me at 202-267-8 111. Sincerely,

Shirley S. Miller Senior Advisor cc: Mr. Matthew Zabel, Department of Justice Ms. Rosalind A. Knapp, Department of Transportation

JUL. 9.2003

4:24PM

DOT/OST/GEN COUNSEL

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NO.795 .

GENERAL COUNSEL

P. 2/2

400 Seventh sr.. s.w.

Washincrton, D.C. 20590

Office of The Secretary ofltqnsponatton . July 9, 2003 Daniel Marcus General Counsel National Commission on Terrorist Attacks Upon the United States 301 7* Street SW, Room 5 125 Washington, DC 20407

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Dear Dan: This is in response to your July 2 letter transmitting the Commission's Document Request No. 2 for the Department of Transportation. We will submit the documentation in a "rolling" fashion as requested. However, there are documents in this request that are now the responsibility of the Transportation Security Administration. We believe that TS A is the appropriate contact for the following information: Item #4 (b) and (c). Item #5 (a) (b) and part of (f): (FAA will submit their part of (f)) Item #7 (a) (b) and part of (f): (FAA will submit their part of (f)) Item #8 Item #9 Item #10 Item #11 Item #14 (FAA will submit their part of this)' Item #16 (FAA will submit their part of this) Item #17 Item #18 For #5(e), We need clarification in terms of specific aircraft you are interested in to determine who may have this information, There were over 4,000 aircraft that landed safely on 9/1 1 when the aviation system was shut down. We will provide responses to those requests we are responsible for as soon as possible. Sincerely,

Rosalind A. Deputy General Counsel

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US Department of

GENERAL COUNSEL

Transportation

Office of the Secretary of Transportation

400 seventh St.. s.w. Washington, D.C. 20590

June 4, 2003

Mr. Daniel Marcus General Counsel National Commission on Terrorist Attacks Upon the United States 301 Seventh Street, SW Washington, DC 20407 Dear Mr. Marcus: On May 5, 2003, the Department of Transportation received a request from the National Commission on Terrorist Attacks Upon the United States for documents related totfie Commission's investigation, of the terrorist attacks of September 11, 2001. DOT is in the process of making these documents available to the Commission, in accordance with the requirements of Title VI of the Intelligence Authorization Act for Fiscal Year 2003, P.L. 107-306. Under section 605(c)(2) of the Act, documents provided to the Commission are to be "received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders." A number of documents that the Federal Aviation Administration (FAA) is providing to the Commission contain information that has been designated by the Transportation Security AdministratiorHTSA) as sensitive security information (SSI). By statute and implementing regulations, all information designated by the TSA as SSI must not be disclosed to the public, notwithstanding the Freedom of Information Act or other laws. See 49 U.S.C. § 114(s); 49 C.F.R. part 1520. The need to protect SSI stems primarily from the extent to which this information, if compromised, would reveal a systemic vulnerability of the transportation system or a vulnerability of transportation facilities that would make it more likely for terrorists to succeed in their attacks and, therefore, make such attacks more difficult to prevent. SSI includes intelligence information, specific threats, and countermeasures that, if released to the public, could be used to thwart security measures that are in place at airports, are being carried out by aircraft operators, and that are or would, in appropriate circumstances, be implemented by the Government. Given the risk to national security and to the traveling public posed by any unauthorized disclosure of SSI, the TSA has created and enforces strict controls on access to SSI. A number of the documents that the FAA is providing to the Commission contain SSI and have been marked accordingly. As explained above, dissemination of SSI beyond the Commission would be detrimental to the security of the Nation's

transportation system and to the safety of passengers in transportation. Therefore, the Department requests that each member of the Commission and the Commission staff who will have access to SSI complete the enclosed nondisclosure agreement and return it to the Department. If you need further information or assistance, please call Ms. Shirley Miller, Senior Advisor to the FAA's Deputy Administrator at (202) 267-8111. Sincerely,

Kirk K. Van Tine General Counsel Enclosure

SENSITIVE SECURITY INFORMATION NONDISCLOSURE AGREEMENT

I understand that the documents provided by the Department of Transportation, Federal Aviation Administration to the National Commission on Terrorist Attacks Upon the United States, pursuant to Title VI of the Intelligence Authorization Act for Fiscal Year 2003, P.L. 107-306, contain information identified by the Transportation Security Administration (TSA) as sensitive security information (SSI) governed by 49 CFR part .1520. I understand that I am being granted access to these documents only in my capacity as a member of the Commission or as a member of the Commission staff, and I further understand that I must protect the information therein from unauthorized disclosure. Accordingly, I agree not to discuss documents identified as SSI, or their contents, with anyone other than members of the Commission and members of the Commission staff, who have signed this agreement, and I agree not to disclose such documents, or their contents, to anyone other than members of the Commission and members of the Commission staff, who have signed this agreement.

Signature

Printed Name

Date

PLEASE RETURN SIGNED FORM TO: U.S. Department of Transportation Federal Aviation Administration Shirley Miller Fax: (202) 267-5738 Phone:(202)267-8111

June 4, 2003 Thomas H. Kean CHAIR

Lee H. Hamilton VICE CHAIR

Richard Ben-Veniste

MEMORANDUM To:

Commissioners

From: Steve Dunne

Max Cleland Fred F. Fielding

Subj: FAA Document Production

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

Philip D. Zelikow EXECUTIVE DIRECTOR

On May 7, 2003, the staff sent its first document request to the Department of Transportation asking for FAA documents relating to the September 11 hijackings. One portion of this request asked for "[a]ll documents relating to FAA's tracking of hijacked airliners on 9/11/01, including without limitation communications with NORAD." When we transmitted this document request, we made clear that these documents directly related to the Commission hearings on May 22-23, and we asked DoT as well as Adam Ciongoli at DOJ to make every effort to produce the requested documents before that hearing. The day before the hearings, our point of contact at DoT, Deputy General Counsel Lindy Knapp, reported that DoT had gathered some of the relevant documents but had not been given approval by DOJ to produce the documents. As we investigated further, we discovered from conversations with DoT and DOJ that litigators at DOJ on the Moussaoui team had held up the production because they were concerned about the disclosure of voice recordings of individuals in the cockpits of the hijacked planes. Such recordings are apparently the subject of a non-disclosure order in the Moussaoui case. When Adam Ciongoli found out that this was the situation on the afternoon of May 23, he immediately agreed with us that the entire production should not have been held up if the concerns only pertained to certain voice recordings. He apologized, attributing the incident to "growing pains;" Lindy Knapp also apologized for not being able to produce the documents before the hearing. We made clear to both of them that the Commissioners were extremely unhappy that no FAA documents were produced before the hearing, and that Jane Garvey's testimony in particular would have been much more productive if the documents had been produced. On May 28, DoT produced logs, radar data, chronologies, and some of the other documents we requested. Today, DoT completed its production of all the documents it has in response to the first document request, including voice recordings of conversations between the hijacked planes and FAA air traffic controllers.

TEL (202) 331-4060 PAX (202) 296-5545 www.9-11 commission.gov

MAY. 16. 2003 1 : 2 1 P M

ISA, OFC OF COUNSEL

NO. 975

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Transportation Security Administration Office of Chief Counsel 701 South 12th Street (West Tower) Arlington, VA 22202 Fax: (571)227-1379

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TSA,OFC OF COUNSEL

NO. 975

P. 2

United States Department of Transportation

400 Seventh Street, sw.

TRANSPORTATION SECURITY ADMINISTRATION

Washington D.C. 2.0590

MAY | 6 2003

The Honorable Thomas H. Kean Chairman National Commission on Terrorist Attacks Upon the United States 301 7th Street, S.W. Washington, DC 20407 Dear Mr. Chairman: On May 5, 2003, the Transportation Security Administration (TSA) received a request from the National Commission on Terrorist Attacks Upon the United States (Commission) for certain documents related to the Commission's investigation of the terrorist attacks of September 11, 2001. TSA is in the process of making these documents available to the Commission, in accordance with the requirements of Title VI of the Intelligence Authorization Act for Fiscal Year 2003, P.L. 107-306 (the Act). Under section 605(c)(2) of the Act, documents provided to the Commission are to be "received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders." A large proportion of the responsive documents that TSA is providing to the Commission are Sensitive Security Information (SSI). By statute and implementing regulations, all information designated by TSA as SSI must not be disclosed to the public, notwithstanding the Freedom of Information Act or other laws. See 49 U.S.C. § 114(s); 49 C.F.R. Part 1520. The need to protect SSI stems primarily from the extent to which this information, if compromised, would reveal a systemic vulnerability of the transportation system or a vulnerability of transportation facilities that would make it more likely for terrorists to succeed in their attacks and, therefore, make such attacks more difficult to prevent. TSA distributes SSI to certain non-governmental persons and entities with a need for access to SSI in order to implement security mandates. This information includes intelligence information, specific threats, and required counter-measures that, if released to the public, could be used to thwart security measures that are in place at airports or being carried out by aircraft operators. Given the risk to national security and to the traveling public posed by any unauthorized disclosure of SSI, TSA has created and enforces strict controls on access to SSI.

16. 2 0 0 3

1:21PM

T S A , O F C OF C O U N S E L

NO, 975

P. 3

A large proportion of the documents that TSA is providing to the Commission contain SSI and have been marked accordingly. As explained above, dissemination of SSI beyond the Commission would be detrimental to the security of the Nation's transportation system and to the safety of passengers in transportation. Therefore, TSA requests that each member of the Commission and Commission staff who will have access to SSI complete the enclosed non-disclosure agreement and return it to TSA. If you need further information or assistance, please call Mr.. Brandon B. Straus, Assistant Chief Counsel (Regulations) at (571) 227-2724. Sincerely yours,

(ADM A^minirator Enclosure

MAY.16.2003 1:21PM

ISA, OFC OF COUNSEL

NO. 975

P. 4

SENSITIVE SECURITY INFORMATION NONDISCLOSURE AGREEMENT I understand that documents provided by the Transportation Security Administration (TSA) to the National Commission on Terrorist Attacks Upon the United States (Commission), pursuant to Title VI of the Intelligence Authorization Act for Fiscal Year 2003, P.L. 107-306, contain sensitive security information (SSI) governed by 49 CFR Part 1520. I understand that I am being granted access to these documents only in my capacity as a member of the Commission or as a member of the Commission staff, and I further understand that I must protect such documents and the information therein from unauthorized disclosure. Accordingly I agree not to discuss documents identified by TSA as SSI, or their contents, with anyone other than members of the Commission and members of the Commission staff, and I agree not to disclose such documents, or their contents, to anyone other than members of the Commission and members of the Commission staff.

Signature

Printed Name

Date

PLEASE RJETURN SIGNED FORM TO: Transportation Security Administration Brandon B. Straus

Fax: 571-227-1379 Phone: 571-227-2724