Sd B2 Interview Handbook Fdr- Entire Contents- Interview Handbook 777

9-11 COMMISSION INTERVIEW HANDBOOK

INTERVIEW HANDBOOK TABLE OF CONTENTS

Introduction & Statement of Purpose Considering Interviews Requesting Interviews Scheduling Interviews Preparing for Interviews Conducting Interviews Following-up Appendixes A B C D E F G H

Interview Talking Points Letters re Groundrules for Interviews Letters re Moussaoui Materials Public Law 107-306 Recording Device Instructions Template for Current Government Officials Template for Former and Non-Government Officials Memorandum for the Record (MFR) Template

11 13 19 25 34 35 36 37

INTRODUCTION & STATEMENT OF PURPOSE

In the coming months, you and your colleagues will interview hundreds of current and former government officials, private citizens, foreign nationals, and scholars with information, knowledge, or backgrounds of interest to the Commission. Clear policies guiding the interview process will not only enhance the quality of each interview, but ensure that insights gained during an interview will shape the Commission's collective understanding of the September 11, 2001 attacks and their aftermath. This handbook is designed to advance these objectives. There are roughly six stages in the interview process. They are: 1) 2) 3) 4) 5) 6)

Considering Interviews Requesting Interviews Scheduling Interviews Preparing for Interviews Conducting Interviews Following-Up

Although the actual process is much more fluid, this handbook is divided into these six corresponding sections in order to guide you through each interview from beginning to end. Possible questions, suggestions, or guidelines are addressed in the stage during which they are most likely to arise. This handbook remains a work in progress. As you conduct interviews, you may encounter a situation that is not addressed adequately (or at all). For the benefit of your colleagues, please notify the Front Office if you have any additions or suggestions, and they will be incorporated on an ongoing basis.

9-11 COMMISSION INTERVIEW HANDBOOK

CONSIDERING INTERVIEWS

By now each team has developed an interview plan, containing the names and affiliations of potential interviewees. While this list is not static and will expand over time, once it is a good representation of your team's interview plan, it should be forwarded to the Front Office and Dianna Campagna. Dianna will maintain the Master List of Interviews under Consideration, and therefore, when you have changes or additions, they should be submitted to her as well. It provides useful information such as the individual's name and affiliation and the team or teams considering each individual. It goes on to include the team POC for each scheduled interview; the date an interview request was sent; the interview date; whether or not the interview was recorded or transcribed; when the Memorandum for the Record (MFR) was submitted; and the file number of the MFR for retrieval purposes. This list is available on the Intranet and will be updated periodically. At this point in the process, this master list should be viewed first and foremost as a tool enabling teams to identify their mutual interest in interview candidates. This is the earliest and best time for teams to determine "multi-interest" candidates and deconflict if necessary. Teams are strongly encouraged to consult this list often and proactively engage in discussions with other teams to determine mutually agreeable solutions. In addition, the list will also enable the Front Office to serve as a virtual clearing house, and identify three categories of interviews: 1) Those that are of interest to only one team, to be arranged by that team. 2) Those that are of interest to multiple teams, but arranged by a lead team. In these cases, the Front Office will designate the lead team if the relevant teams have not already done so. 3) Those that are of interest to one or multiple teams, but are arranged in coordination with the Front Office. This category will likely include White House officials, foreign officials, and agency officials generally above the assistant secretary level. (See "Scheduling Interviews" for a more detailed discussion.) Although this stage is first, it is also iterative; your team should continually refine its interview plan, and review it with your colleagues when candidates are added or removed.

9-11 COMMISSION INTERVIEW HANDBOOK

REQUESTING INTERVIEWS

Like briefings, one member of a lead team will be designated as a point of contact for each interview. This person should not only represent the interests of his or her team, but coordinate with other teams when the interview candidate merits broader interest. Lead teams are responsible for drafting the interview request according to the following guidelines: 1) Interviews with Executive branch employees will be requested through formal agency channels, similar to the Commission's document and briefing requests. A template for this request is located at Tab F and is also posted on the Intranet. While the request does not specify the subject matter to be covered in each interview, this information should be provided to the agency upon request. 2) Former government employees and foreign officials will receive a letter indicating a team POC, signed by Philip Zelikow. A template for this letter is located at Tab G and is also posted on the Intranet. To interview congressional staff, you should first call the appropriate staff director. If s/he indicates that a letter is necessary before proceeding, follow the template above. Please note that this letter gives the recipient an indication of subject matter and whether or not the interview will be recorded. 3) All draft interview requests should be sent to the Front Office (via frontoffice@91 lcommission.gov) for approval. a) If the request is for a current Executive branch official, the Front Office will forward the request to the agency POC. The requests to agencies will typically include multiple individuals per request. Copies of these requests will be distributed to Zelikow, Kojm, Marcus, Dunne, Campagna, and the appropriate individuals on that team and any other team participating in the interview. b) If the request is for a former or non-Executive branch official, the letter, once approved by the Front Office, will be sent to Dianna to be "auto-penned." The signed original will be returned to the lead team to be faxed, mailed, copied, and distributed. The "distribution list" for each letter should include Zelikow, Kojm, Marcus, Dunne, Campagna, and the appropriate individuals on that team and any other team participating in the interview. 4) Teams should call former and non-Executive branch officials in advance of receiving a letter requesting an interview. 5) The decision to record will generally be left to the discretion of the team leaders. (See "Conducting Interviews" for a more detailed discussion on recording).

9-11 COMMISSION INTERVIEW HANDBOOK

Teams are strongly encouraged to make formal requests in groups of no more than 10-15 individuals at one time, to make the scheduling process more manageable. Once the request has been sent, the date of the request will be noted on the master list.

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SCHEDULING INTERVIEWS

Once interview requests/letters are sent, the designated POC, supported by that team's staff assistant, will take the lead on scheduling each interview. Here are some important things to consider as you attempt to schedule various interviews: "Multi-Interest" Interviews. Remember to gauge interest in interview candidates beyond the lead team so as to not exclude essential discussion topics or Commission participants. In many cases, the lead team should represent other teams by asking questions on their behalf. When more than one team expresses a strong interest in a particular candidate, however, they may wish to consider a joint interview, with one member of each team conducting the interview and/or taking notes. The number of Commission staff participating in an interview should generally be limited to two or three individuals. Commissioner & Front Office Participation. The Front Office will routinely flag interviews at or around the cabinet and sub-cabinet level for Commissioner participation (internally identified as 'Tier A"). The Front Office will also flag interviews for its own participation at or around the assistant secretary-level (internally identified as "Tier B"). Stephanie Kaplan, working with Karen Heitkotter, is the POC for Commissioner and Front Office participation in interviews, and together they will maintain as master list and schedule of Tier A & B interviews. The Front Office will take the lead on scheduling all Tier A interviews. The appropriate teams will take the lead on scheduling all Tier B interviews. Remember to consult the Commission calendar to avoid scheduling interviews during a Commission meeting or hearing. In addition, if you are interested in having a Commissioner or member of the Front Office participate in a specific interview, please notify both Stephanie and Karen. Location. All interviews must take place in a facility that can accommodate the classification level of the conversation. Interviews of current agency officials should occur at that agency. Interviews of former officials or non-government individuals can take place at their place of business or Commission premises, depending on the classification of the interview. Karen Heitkotter maintains the schedule for the NW conference room; Kasia Kozaczuk for the SW conference rooms; and Gate Taylor for the NYC conference room. In general, teams should conduct interviews in their "home" office if the classification level permits. If Commission conference rooms are not available or suitable, please consult have your staff assistant work with one of these three individuals to identify alternate locations. Keeping a Schedule. Other than the master log of interviews (which notes the date an interview takes place) the Front Office will not maintain a master schedule of interviews for all eight teams. Staff assistants, however, should maintain a master schedule for their teams' interviews. Travel Arrangements. Government agencies should pay for current employees. Former and non-government employees may wish to conduct an interview telephonically or on a pre-arranged trip; however, the Front Office can approve travel on a case-by-case basis. 9-11 COMMISSION INTERVIEW HANDBOOK

5

PREPARING FOR INTERVIEWS

Preparing Questions. How you decide to prepare for an interview is left to the discretion of you and your teammates. Again, if you are representing another team or conducting a joint interview, remember to coordinate with that team prior to the interview. Deciding to Record. The decision to record will generally be left to the discretion of the team leaders. Should you decide to record, please be aware that, per the Commission's agreement with the Administration, a copy of the recording will be made available to Dan Levin, the Executive Branch liaison to the Commission. Logistical Preparations. Your team's staff assistant should make arrangements to obtain a recording device. This should be done in advance in order to ensure that a device is available. If you have never used the device, take some time to test it before the interview (instructions are at Tab E). Your assistant should ensure that water, cups, paper, and pens are available in the interview facility (assuming the interview is on Commission property). Finally, you or your staff assistant should post a sign on the door outside the interview in progress, to ensure that there are no unnecessary interruptions.

9-11 COMMISSION INTERVIEW HANDBOOK

CONDUCTING INTERVIEWS

•

If you are recording, don't forget to turn on the recording device.

•

Identify yourself and the Commission ("I'm Pat Doe, a staff member with the National Commission on Terrorist Attacks Upon the United States.").

•

Give the date, time, and location ("It's Monday, July 21,2003, about 10 am, and we are at the FBI Headquarters in Washington, DC.").

•

Identify the event ("We're here for an interview of Chris Roe.").

•

So that everyone is clearly on notice, state that the interview is being recorded ("Pursuant to our standard policy, and our agreement with the Administration, this interview is being recorded.").

•

Ask everyone in the room, including other Commission staff, to identify themselves and their affiliations for the record.

•

If classified material might be discussed, tell the witness that all Commission staff members present have Top Secret/SCI clearances (assuming they do). Ask the witness to inform you during the interview if he or she discusses classified information, and if so, what the proper classification level is.

•

Give the witness general background information about the Commission •

The Commission was established by statute; signed into law by the President.

•

There are 10 Commissioners; all come from outside the government, but all have prior government experience

•

The Chair was appointed by the President; the remaining Commissioners were appointed by Congressional leaders

•

The basic statutory mandate of the Commission is three-fold: 1) to investigate and make a full and complete accounting of the facts and circumstances surrounding the 9/11 terrorist attacks; 2) to investigate the country's preparedness for, and immediate response to, those attacks; and 3) to identify and evaluate the lessons learned from those attacks.

•

The mandate of the Commission is to determine the facts and make policy recommendations, not to establish individual culpability.

•

The Commission will report its findings to the President, Congress, and the American people, as well as make recommendations for preventing future attacks.

9-11 COMMISSION INTERVIEW HANDBOOK

7

If the witness has any questions, offer the witness a copy of the statute (Tab D). Give the witness general instructions about the conduct of the interview. •

"If you don't understand a question, or if it isn't clear, please tell me so that I can restate it or try to make it clearer."

•

"If you need a break at any time, just let me know so that we can finish up a set of questions and take a break."

•

"As to historical facts, we are just looking for your best recollection. Please be as precise as possible with details such as names, dates and locations, but also give us your best estimate if you don't remember exact details."

Start the substantive portion of the interview by asking the witness to give his or her full name, with a spelling of the last name, official title, and work location or address. Before turning off the recorder, make clear that you are ending the interview or that portion of the interview. ("That concludes [this portion of] the interview.") Whenever you turn the recorder back on after any stop or break in the recording, re-state your name, the date, and the event. ("This is Pat Doe on Monday, July 21, 2003, and this is a continuation of the interview of Chris Roe.") If anyone not identified at the beginning of the interview joins the interview, please ask them to identify themselves for the record. If an agency representative is present at the interview and you believe that his or her actions are interfering with the conduct of the interview, you should request that the agency representative discontinue his or her actions. If such behavior persists, you should conclude the interview and indicate that the interview will be continued at a later date. Report such occurrences immediately to the Front Office. If an agency representative raises questions re possible claims of executive privilege which cannot be resolved, your should consult with Dan or Steve by phone. You may, at the end, ask the witness if there is anything else that s/he would like to add at that time. Finally, tell the witness that s/he can contact you later if they have more information to offer or want to change or add to any answers they have given.

9-11 COMMISSION INTERVIEW HANDBOOK

FOLLOWING-UP

If the interview was recorded, what should I do with the audio card? The Commission's recording devices use audio cards that can be easily erased or corrupted if not carefully handled. Therefore, if an interview is recorded, the digital card should be given to Dianna Campagna to be logged and converted into an audio CD as soon as possible. If you wish to keep an audio copy of the interview in order to draft the interview report, you should still submit the audio card and check-out the CD version. How can I obtain audio recordings of interviews? Each recorded interview is available on CD and can be checked-out from Dianna. Copies of interview CDs can be made upon request. What if I want a transcript of an interview? As a general rule, recorded interviews need not be transcribed; however, if you wish to transcribe a recorded interview, we have made arrangements with a transcription service that can provide transcripts at any level of classification. Transcripts must be ordered and arranged by the team that is requesting the transcript. The transcript service must never be given the original audio card—a CD-copy is strongly preferred. Transcripts cost roughly $3 per page for unclassified interviews and $6 per page for classified interviews (keep in mind that a one-hour interview is roughly 40 pages). Transcripts are not considered complete until they are edited by the interviewer for accuracy—a time-consuming process. Any transcripts should be submitted to Dianna Campagna to be logged and filed. How do I properly document an interview after it has occurred? Memoranda for the Record (MFRs)—or interview reports—memorialize the key points of an interview and create a historical record of the discussion that occurred. Avoid using abbreviations or references that other readers might not understand. The MFR template (at Tab H ) is also available on the Intranet in the "Interview" section. How soon do I need to complete an MFR? All MFRs must be completed within one week of the conclusion of the interview. Staff members are strongly encouraged to schedule time to draft MFRs as soon as possible after an interview takes place. How do I file MFRs and distribute them to others on the staff? Provide one hard copy of the MFR to Dianna. It will be logged, scanned, and available to staff much like any other Commission document. 9-11 COMMISSION INTERVIEW HANDBOOK

How do I obtain completed MFRs? All MFRs (except for some sensitive compartments) will be scanned and available for appropriately cleared staff. Should I send a thank-you letter? Thank-you letters are discouraged, although the decision to send one is left to discretion of each team. If a letter is sent, however, it should be sent under the signature of the team leader and filed with Dianna. What if I want to schedule another session with a particular individual? If you conducted an interview session and believe that it did not cover enough ground, or if you were not present in an interview but believe your team's issues were not adequately addressed, please consult with the Front Office about the decision to reinterview. Although re-interviewing is generally not encouraged, each request will be evaluated on a case-by-case basis.

9-11 COMMISSION INTERVIEW HANDBOOK

1Q

TAB A

INTERVIEW TALKING POINTS

If you are recording, don't forget to turn on the recording device. Identify yourself and the Commission ("I'm Pat Doe, a staff member with the National Commission on Terrorist Attacks Upon the United States."). Give the date, time, and location ("It's Monday, July 21, 2003, about 10 am, and we are at the FBI Headquarters in Washington, DC."). Identify the event ("We're here for an interview of Chris Roe."). So that everyone is clearly on notice, state that the interview is being recorded ("Pursuant to our standard policy, and our agreement with the Administration, this interview is being recorded."). Ask everyone in the room, including other Commission staff, to identify themselves and their affiliations for the record. If classified material might be discussed, tell the witness that all Commission staff members present have Top Secret/SCI clearances (assuming they do). Ask the witness to inform you during the interview if he or she discusses classified information, and if so, what the proper classification level is. Give the witness general background information about the Commission •

The Commission was established by statute; signed into law by the President.

•

There are 10 Commissioners; all come from outside the government, but all have prior government experience

•

The Chair was appointed by the President; the remaining Commissioners were appointed by Congressional leaders

•

The basic statutory mandate of the Commission is three-fold: 1) to investigate and make a full and complete accounting of the facts and circumstances surrounding the 9/11 terrorist attacks; 2) to investigate the country's preparedness for, and immediate response to, those attacks; and 3) to identify and evaluate the lessons learned from those attacks.

•

The mandate of the Commission is to determine the facts and make policy recommendations, not to establish individual culpability.

•

The Commission will report its findings to the President, Congress, and the American people, as well as make recommendations for preventing future attacks.

11

If the witness has any questions, offer the witness a copy of the statute (Tab D). Give the witness general instructions about the conduct of the interview. •

"If you don't understand a question, or if it isn't clear, please tell me so that I can restate it or try to make it clearer."

•

"If you need a break at any time, just let me know so that we can finish up a set of questions and take a break."

•

"As to historical facts, we are just looking for your best recollection. Please be as precise as possible with details such as names, dates and locations, but also give us your best estimate if you don't remember exact details."

Start the substantive portion of the interview by asking the witness to give his or her full name, with a spelling of the last name, official title, and work location or address. Before turning off the recorder, make clear that you are ending the interview or that portion of the interview. ("That concludes [this portion of] the interview.") Whenever you turn the recorder back on after any stop or break in the recording, re-state your name, the date, and the event. ("This is Pat Doe on Monday, July 21, 2003, and this is a continuation of the interview of Chris Roe.") If anyone not identified at the beginning of the interview joins the interview, please ask them to identify themselves for the record. If an agency representative is present at the interview and you believe that his or her actions are interfering with the conduct of the interview, you should request that the agency representative discontinue his or her actions. If such behavior persists, you should conclude the interview and indicate that the interview will be continued at a later date. Report such occurrences immediately to the Front Office. If an agency representative raises questions re possible claims of executive privilege which cannot be resolved, your should consult with Dan or Steve by phone. You may, at the end, ask the witness if there is anything else that s/he would like to add at that time. Finally, tell the witness that s/he can contact you later if they have more information to offer or want to change or add to any answers they have given.

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TABS

Thomas H. Kean CHAIR

July 1, 2003

Lee H. Hamilton VICE CHAIR. Richard Ben-Veniste Max Cleland Frederick F. Fielding Jamie S. Oorelick

Mr. Adam Ciongoli Counselor to the Attorney General Department of Justice Room 5115 Tenth Street and Constitution Ave., NW Washington, DC 20530

Stade Gorton John F. Lehman Timothy J. Roemer James R. Thompson Philip D. Zelikovv EXECUTIVE DIRECTOR

Dear Adam: As you know, we are very disappointed that the Administration has rejected our modified proposal with respect to the presence of agency representatives at interviews of federal employees conducted by the Commission. JJn response to your expressed concerns about executive privilege and sensitive sources and methods, the Commission had modified its initial position and had agreed to agency representatives being present at interviews of high-level officials and operations officers at foreign intelligence agencies. For all other interviews, we continue to believe that our statutory mission of conducting a full and independent investigation into "the facts and circumstances relating to the terrorist attacks of September 11,2001" would best be served by conducting interviews of fact witnesses without the potentially intimidating presence of an agency official, particularly a lawyer, supervisor, or more senior official. We note that the Administration itself recognizes that principle hi many of the investigations it charters - notably the current outside inquiry into the shuttle disaster by the Columbia Accident Investigation Board, where no agency representatives are present at interviews. It is no less critical, we submit, that the American people have confidence in the integrity and independence of our factual investigation than it is in the case of the Columbia disaster. We reject the notion that a different standard should apply because our Commission is a legislative branch entity or because of some notion that we are seeking "agency information." As hi the case of any factual investigation, we will be asking in interviews for what the individual government employee knows about events relevant to our inquiry; we would be proceeding no differently were all our Commissioners, rather than just our Chairman, appointed by the President. 301 7lh Street SW, Room 5125

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Page 2

Because it is important for us to proceed with interviews promptly, the Commission has decided not to prolong this debate on ground rules. We will accept the presence of an agency representative at our interviews of current federal employees, subject to the following understandings: 1. Only one agency representative per interview. 2. The agency representative may confer with the witness or discuss concerns with the Commission's interviewers, but may not correct or supplement answers by the witness or interfere with the conduct of the interview. 3. Interviews will be recorded unless the witness objects. Agency representatives will not urge witnesses to make such objections. 4. If Commissioners or staff conducting an interview believe that the presence of the agency representative is "chilling" or otherwise interfering with the interview, he or she may ask the agency representative to leave or reschedule the interview. The Commission also reserves the option, which we would expect to exercise sparingly, of requesting before an interview that the interview take place without an agency representative. If we do so, we will provide our reasons for so requesting. We would appreciate your confirming these understandings in writing. With best regards,

Phillip ZelJKOw Executive Director

f

Daniel Marcus General Counsel

cc: Alberto R. Gonzales Counsel to the President

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U.S. Department of Justice

Washington, D.C. 20530

July 24, 2003 Philip Zelikow, Executive Director Daniel Marcus, General Counsel Steve Dunne, Deputy General Counsel National Commission on Terrorist Attacks Upon the United States 301 7* Street SW, Room 5125 Washington, D.C. 20407 Gentlemen: I am responding to your July 1,2003 letter to Adam Ciongoli concerning interviews of government employees. We share your interest in having the interviews proceed promptly and appreciate your efforts to work with us to reach an accommodation in this area. In response to the points set forth in your letter: 1. We agree that as a general matter there will be only one agency representative per interview. In rare instances where particular issues are implicated, we may notify you of our need to have a second representative present to deal with that particular issue. 2. Obviously, the agency representative's purpose is not to interfere with the conduct of the interview, but rather to represent important Executive Branch and national security interests. In that regard, the agency representative may, as appropriate, confer with the interviewee or discuss concerns raised by particular questions with the Commission's interviewers. 3. In a further effort at accommodation, we will depart from longstanding Executive Branch practice and accept your request for a presumption that interviews will be recorded if the interviewee does not object and if the government timely receives a copy of the recording. This agreement does not apply, however, to interviewees potentially related to the Moussaoui case, who are addressed in the separate agreement relating to that case. Moreover, in certain circumstances, which we expect will be rare, we reserve the right, consistent with established practice, to object to recording because of specific issues relating to that particular interview. We understand that in most instances the recording will be done by audio recording, but request that, where an interviewee favors transcription by a court reporter, this request be accommodated and a copy of the transcript be provided to the government. Copies of recordings or transcripts provided by you pursuant to this paragraph will remain the property of the Commission and will be lent to the government to be returned to the Commission before its termination date. Copies of recordings or transcripts provided to the government will be maintained at the Justice Department.

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4. In the event you believe it would be inappropriate to have an agency representative present at any particular interview, we will certainly be prepared to discuss that with you. This agreement applies to all current employees and also applies to former employees who request that an agency representative be present during their interview. We have not yet reached agreement on how to handle interviews of former employees who do not request that an agency representative be present and would like to continue to discuss that subject with you. We reserve, of course, any applicable privileges that may apply with respect to particular matters that may develop as the Commission's inquiry proceeds and we would expect that if any difficulties arise they will be resolved amicably and in accordance with applicable law and practice. Please give me a call if you have any concerns about any part of this response. I appreciate the constructive manner in which you have addressed these important issues. Thank you.

Daniel Levin

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Thomas H. Kean CHAIR

July 28,2003

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

Daniel Levin, Esq. U.S. Department of Justice Washington, D.C. 20530 Dear Dan:

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

Philip D. Zelikow EXECUTIVE DIRECTOR ,

I

Thank you for your letter of July 24, responding to our July 1 letter to Adam Ciongoli, concerning interviews of government employees by the Commission. We appreciate your constructive efforts in this area, and we are glad to see that we have reached substantial agreement as to how such interviews will proceed. I am writing to state our understanding of a number of points in your letter. On point 1, in those rare instances where you believe there is a need for a second government representative at an interview, we will be prepared to discuss with you whether such a second representative is necessary or appropriate. Your restatement of point 2 is acceptable to us, so long as it is understood that the agency representative will not make substantive comments on the record without first discussing with our interviewers whether it is appropriate or necessary to do so. On point 3, we recognize that in rare circumstances, you may object to recording an interview or ask that the interview be transcribed by a court reporter. We will be prepared to discuss with you those objections and requests and accommodate them if we can. You state in your letter that "we have not yet reached agreement on how to handle interviews of former employees who do not request that an agency representative be present and would like to continue to discuss that subject with you." While we are always willing to discuss matters with you, we have fully considered this question and set forth our position clearly in our discussions with you. Where a former employee does not request that an agency representative be present at his or her interview, it would effectively negate that employee's decision and chill or distort the interview were we then to tell the employee that a copy of the recording of the interview would be made available to the government. Where we elect to record such an interview of a

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Page 2 former employee, we therefore do not plan to provide the government with access to the recording. We will be proceeding with our interviews based on these understandings. . Sincerely,

'

/Daniel Marcus General Counsel

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U.S. Department of Justice

TABC

Criminal Division

Washington. D.C. 20530

July 11, 2003 Philip Zelikow Executive Director Daniel Marcus General Counsel 301 7* Street SW, Room 5125 Washington, D.C. 20407 Gentlemen: This sets forth our agreement with the Commission concerning the treatment of documents, information and witnesses relating to the investigation and prosecution of Zacarias Moussaoui, who is presently charged in federal court in the Eastern District of Virginia with participating in the conspiracies that resulted in the attacks of September 11, 2001 (docket number Ol-Cr.-455-A). This agreement does not pertain to documents created or obtained during the Justice Department's "PENTTBOM" investigation that the Department determines are unrelated to the investigation and prosecution of Mr. Moussaoui. Please confirm the Commission's agreement by signing in the space provided at the end of this letter and returning it to me. Documents and Information With the exception of the Commission's final report, the Commission and its staff will not publicly disclose any documents or information relating to the investigation or prosecution of Mr. Moussaoui prior to the completion of his trial in the Eastern District of Virginia without the Department's prior consent. If the Moussaoui trial is not completed at the time the Commission needs to submit its final report, the Commission and the Department will consult about the Commission's plans, if any, to include Moussaoui-related information in the report and whether it is necessary or prudent for the Department and/or the Commission to seek any court ruling prior to disclosure of such information in the report. Interviews 1. The Department will provide the Commission with a list by specific category of nongovernment employees related to the Moussaoui trial as to whom it requests notification before any interviews. 2. No later than five business days before the Commission interviews any individual in one of the categories on this list, it will advise the Department of the individual's identity. If 19

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requested, the Commission will permit a Department lawyer to be present at the interview and will not video or audio record or otherwise verbatim transcribe the interview. We appreciate the spirit of accommodation in which you and Steve Dunne have worked to resolve this important issue. Sincerely,

On behalf of the National Commission on the Terrorist Attacks of September 11,2001,1 agree to the non-disclosure agreement set forth above. Date

July 1^

Name Title

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U.S. Department of Justice Criminal Division

Washington. D.C. 20530

July 29, 2003 Philip Zelikow, Executive Director Daniel Marcus, General Counsel Steve Dunne, Deputy General Counsel 301 7* Street SW, Room 5125 Washington, D.C 20407

Gentlemen: Pursuant to paragraph one of the July 11, 2003 agreement relating to the investigation and prosecution of Zacarias Moussaoui, who is presently charged in federal court in the Eastern District of Virginia with participating in the conspiracies that resulted in the attacks of September 11,2001 (docket number Ol-Cr.-455-A), attached please find a revised list by specific category of individuals related to the Moussaoui trial as to whom the government requests notification before any interviews. Pursuant to paragraph two of that agreement, no later than five business days before the Commission interviews any individual in one of the categories on this list please advise the Department of the individual's identity by notifying John Van Lonkhuyzen (e-mail: John.VanLonkhuy@usdoj .gov) with a copy to David Nahmias (e-mail: [email protected]\. Van Lonkhuyzen can be reached at 202-307-1102 or 703-2993917 and Mr. Nahmias can be reached at 202-514-0169. As we have discussed, the purpose of the provision of these names is solely related to the Moussaoui trial. Consequently, the names will not be shared with others except for purposes of determining whether to request attendance at the interview as set forth in paragraph two of the agreement. This list is, of course, itself covered by the July 11,2003 non-disclosure agreement.

Thank you. Sincerely,

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Categories 1.

al Qaeda cooperators

2.

Document custodians (NSY) for U.K. seizures of the al Qaeda terrorist handbook and related material

3.

Media interviewers of UBL

4.

WSJ computer authenticator/custodian

5.

Any person having phone communication with any passenger during hijacking of flights AA11, UA175, AA77, UA 93

6.

Pilot/Co-pilot of ExecuJet 956

7.

Family members of victims of 9/11

8.

The following crime scene witnesses: Pentagon: Donald Behe, Allyn Kilsheimer, Frank Probst, Rick Keevil, Va. State Police, Sheriff Arthur Castellano, Jose Rojas, DPS, Michael Middleton, VSP, Madlene Zakhem, Kevin Shaeffer, Dr. Marzook, Dan Frankfelter; WTC: Joseph Pfeifer, FDNY, Ernesto Butcher, Port Authority, Shanksville: Roger Sarver, Richard W. King, Dep. Chief, Shanksville Fire Dept., Gary Koontz, Chris Kordell, Lee Purbaugh

9.

The following employees of NYPD, FDNY and Port Authority of NJ/NY: Tony Sanseviro, FDNY, Al Turi, FDNY, Jim Smith, NYPD, Juan Rivero, Port Authority, William Jimeno, Port Authority, Vanessa Barnes, FDNY Dispatcher, Yvette WashingtonMontagne, NYPD Dispatcher, Mitchell Zykofsky, NYPD

10.

Medical examiners who worked on 9/11 victims/matters

11.

American Airlines personnel who worked at Dulles on 9/11 and Dulles airport employees who worked on 9/11 who had contact with the hijackers

12.

Instructors, owners, students, or employees of/at the following flight schools who had contact with Moussaoui or any of the hijackers: Superstition Air, Arizona; Jet Tech International, Arizona; Airman Flight School, Norman, OK; Pan Am International Flight Academy, Eagan, MN; Miami, Florida; Arizona; Air Fleet Training Systems, Teterboro, NJ; Caldwell Flight Academy, Fairfield, NJ; Freeway Airport, Bowie, MD; Congressional Air Charter, Gaithersburg, MD; Cockpit Resources Managment; Arizona Aviation; National Air College; Florida Flight Training Center; Sorbi Flying Club; Gibbs Flying Service; Huffman Aviation; Aviation Language School; Blakney Aviation, Bethany, OK; Flight Safety Boeing; United Airlines flight training; Flightinfo.com; Jones

22

'JUL-29-2003

13=22

202 616 0762

202 616 0762

P. 03

Aviation; Sim-Center; Kemper Aviation; Palm Beach Flight Training; Glynco-Manning Aviation; Eagle Jet; Hortman Aviation; Montgomery Aviation; Aeroservice Aviation Center in Miami, Fla.; Airborne Systems Flight School in Ft. Lauderdale, Fla. 13.

Employees/owners of Osh Kosh Pilot Shop in Miami, Fla. and Banyan Air Service, Inc. in Ft. Lauderdale, Fla.

14.

AhadSabet

15.

Roommates of Moussaoui or 9/11 conspirators

16.

Family members of Ziad Jarrah

17.

German Federal Police (BKA) who conducted searches in the Hamburg area of houses/apartments of certain Hamburg cell members.

18.

Members of the Islamic community in Hamburg, Germany, during 1996-2001 who had contact with Atta, Marwan al-Shehhi, Jarrah, Binalashibh, Essabar, Bahaji, Motassedeq

19.

Employees/owners of gyms where Moussaoui or the 9/11 conspirators trained (Golds Gym, Everybodies Fitness, World Gym, Body Dynamics, US 1 Fitness Center, Huston Huffman Center) who had contact with Moussaoui or any of the hijackers.

20.

Virginia Department of Motor Vehicle employees and Maryland Motor Vehicle Administration employees who had contact with any hijacker.

21.

Members of the Islamic community, Norman, OK

22.

Members of the Ayah Islamic Center in Laurel, Maryland

23.

The following individuals: Maryland State Police Troopej~ head of the Western Union subnoena e
Employee's.*)!'Alexandri^Gbunty,.Va;:Jail and the Sherbume County, Minn. Jail and inmst^S'hbused.iij:the'Sherb«me County, Minrt. Jail

I 25. ,:;;x-'Eppto|?es/ovvriers of Sooner Hotel, the Residence Inn, Arvest Bank, and AVA Copy in / ,::;::-;;:;::;;;;;$0rrrian, OK, and Pratt Foods #7 (Norman; OK), Buy For Less, Pratt Foods (Shawnee, /i J •''!'

1

bf.Boeins: Lisa Jefferson and |Marc PolicastroJ | pf.APCQA Parki.ngJ bf

National Geographic,-' 2:4: ///

H

-

9/11 Personal Privacy 9/11 Law Enforcement

Privacy

'•JClL-29-2003

13:22

202 616 0762

202 616 0762

P.04

OK), and Academy Sports and Outdoors (Oklahoma City), who had contact with Moussaoui. 26.

Employees of Apollo Int'l Travel, Patterson, NJ; Giant and Safeway in Laurel, MD; and Moneygram who had contact with any hijacker.

27.

Employees of Yahoo security/subpoena compliance and instant messenger; and employees of Travelocity and of the Eagan, Minnesota Kinko's franchise

28.

The following federal employees: (a) FAA air traffic control employees: (b) FBI crime scene and investigative personnel; (c) State Department Visa official! ~| (d) U.S. Customs Service agents/employees who had contact with Moussaoui and FBI &. INS agents/employees who had contact with Moussaoui; (e) Doc X authenticate^/ custodians; (f) NTSB personnel who worked on reconstructions/simulations of flights 11, 175,77,93

9/11 Working-level Employee

-3-

TABD

PUBLIC LAW 107-306—NOV. 27, 2002

116 STAT. 2383

Public Law 107-306 107th Congress An Act To authorize appropriations for fiscal year 2003 for intelligence and intelligencerelated activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the "Intelligence Authorization Act for Fiscal Year 2003". (b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:

Nov. 27, 2002 [H.R. 4628]

Intelligence Authorization Act for Fiscal Year 2003.

Sec. 1. Short title; table of contents. TITLE I—INTELLIGENCE ACTIVITIES Sec. 101. Authorization of appropriations. Sec. 102. Classified schedule of authorizations. Sec. 103. Personnel ceiling adjustments. Sec. 104. Intelligence Community Management Account. Sec. 105. Authorization of emergency supplemental appropriations for fiscal year 2002. Sec. 106. Additional authorizations of appropriations for intelligence for the war on terrorism. Sec. 107. Specific authorization of funds for intelligence or intelligence-related activities for which fiscal year 2003 appropriations exceed amounts authorized. Sec. 108. Incorporation of reporting , „ requ . luirements. Sec. c. 109. Preparation and and submittal of reports, re\ reviews, studies, , r and plans relating „ to intelligence activities of Department of Defense or Department of Energy. TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM Sec. 201. Authorization of appropriations. TITLE III—GENERAL PROVISIONS Subtitle A—Recurring General Provisions Sec. 301. Increase in employee compensation and benefits authorized by law. Sec. 302. Restriction on conduct of intelligence activities. Sec. 303. Sense of Congress on intelligence community contracting. Subtitle B—Intelligence Sec. 311. Specificity of National Foreign Intelligence Program budget amounts for counterterrorisni, counterproliferation, counternarcotics, and counterintelligence. Sec. 312. Prohibition on compliance with requests for information submitted by foreign governments. Sec. 313. National Virtual Translation Center. Subtitle C—Personnel Sec. 321. Standards and qualifications for the performance of intelligence activities.

25

116 STAT. 2384

PUBLIC LAW 107-306—NOV. 27, 2002

Sec. 322. Modification of excepted agency voluntary leave transfer authority. Sec. 323. Sense of Congress on diversity in the workforce of intelligence community agencies. Sec. 324. Annual report on hiring and retention of minority employees in the intelligence community. Sec. 325. Report on establishment of a Civilian Linguist Reserve Corps. Subtitle D—Education Sec. 331. Scholarships and work-study for pursuit of graduate degrees in science and technology. Sec. 332. Cooperative relationship between the National Security Education Program and the Foreign Language Center of the Defense Language Institute. Sec. 333. Establishment of National Flagship Language Initiative within the National Security Education Program. Sec. 334. Report on the National Security Education Program. Subtitle E—Terrorism Sec. 341. Foreign Terrorist Asset Tracking Center. Sec. 342. Semiannual report on financial intelligence on terrorist assets (FITA). Sec. 343. Terrorist Identification Classification System. Subtitle F—Other Matters Sec. 351. Additional one-year suspension of reorganization of Diplomatic Telecommunications Service Program Office. Sec. 352. Standardized transliteration of names into the Roman alphabet. Sec. 353. Definition of congressional intelligence committees in National Security Act of 1947. TITLE IV—CENTRAL INTELLIGENCE AGENCY Sec. 401. Two-year extension of Central Intelligence Agency Voluntary Separation Pay Act. Sec. 402. Implementation of compensation reform plan. TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES Sec. 501. Use of funds for counterdrug and counterterrorism activities for Colombia. Sec. 502. Protection of operational files of the National Reconnaissance Office. Sec. 503. Eligibility of employees in Intelligence Senior Level positions for Presidential Rank Awards. TITLE VI—NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES Sec. 601. Establishment of Commission. Sec. 602. Purposes. Sec. 603. Composition of Commission. Sec. 604. Functions of Commission. Sec. 605. Powers of Commission. Sec. 606. Nonapplicability of Federal Advisory Committee Act. Sec. 607. Staff of Commission. Sec. 608. Compensation and travel expenses. Sec. 609. Security clearances for Commission members and staff. Sec. 610. Reports of Commission; termination. Sec. 611. Funding. TITLE VII—INFORMATION SHARING Sec. 701. Short title. Sec. 702. Findings and sense of Congress. Sec. 703. Facilitating homeland security information sharing procedures. Sec. 704. Report. Sec. 705. Authorization of appropriations. Sec. 706. Coordination provision. TITLE VIII—REPORTING REQUIREMENTS Subtitle A—Overdue Reports Sec. 801. Deadline for submittal of various overdue reports. Subtitle B—Submittal of Reports to Intelligence Committees Sec. 811. Dates for submittal of various annual and semiannual reports to the congressional intelligence committees.

26

PUBLIC LAW 107-306—NOV. 27, 2002

116 STAT. 2385

Subtitle C—Recurring Annual Reports Sec. 821. Annual report on threat of attack on the United States using weapons of mass destruction. Sec. 822. Annual report on covert leases. Sec. 823. Annual report on improvement of financial statements of certain elements of the intelligence community for auditing purposes. Sec. 824. Annual report on activities of Federal Bureau of Investigation personnel outside the United States. Sec. 825. Annual reports of inspectors general of the intelligence community on proposed resources and activities of their offices. Sec. 826. Annual report on counterdrug intelligence matters. Sec. 827. Annual report on foreign companies involved in the proliferation of weapons of mass destruction that raise funds in the United States capital markets. Subtitle D—Other Reports Sec. 831. Report on effect of country-release restrictions on allied intelligence-sharing relationships. Sec. 832. Evaluation of policies and procedures of Department of State on protection of classified information at department headquarters. Subtitle E—Repeal of Certain Report Requirements Sec. 841. Repeal of certain report requirements. TITLE DC—COUNTERINTELLIGENCE ACTIVITIES Sec. 901. Short title; purpose. Sec. 902. National Counterintelligence Executive. Sec. 903. National Counterintelligence Policy Board. Sec. 904. Office of the National Counterintelligence Executive. TITLE X—NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND DEVELOPMENT PROGRAMS OF THE UNITED STATES INTELLIGENCE COMMUNITY Sec. 1001. Findings. Sec. 1002. National Commission for the Review of the Research and Development Programs of the United States Intelligence Community. Sec. 1003. Powers of Commission. Sec. 1004. Staff of Commission. Sec. 1005. Compensation and travel expenses. Sec. 1006. Treatment of information relating to national security. Sec. 1007. Final report; termination. Sec. 1008. Assessments of final report. Sec. 1009. Inapplicability of certain administrative provisions. Sec. 1010. Funding. Sec. 1011. Definitions.

TITLE I—INTELLIGENCE ACTIVITIES SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year 2003 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: (1) The Central Intelligence Agency. (2) The Department of Defense. (3) The Defense Intelligence Agency. (4) The National Security Agency. (5) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (6) The Department of State. (7) The Department of the Treasury. (8) The Department of Energy. (9) The Federal Bureau of Investigation. (10) The National Reconnaissance Office.

27

116 STAT. 2408

PUBLIC LAW 107-306—NOV. 27, 2002

"(c) AWARD OF RANK TO EMPLOYEES IN INTELLIGENCE SENIOR LEVEL POSITIONS.—The President, based on the recommendations of the Secretary of Defense, may award a rank referred to in section 4507a of title 5 to employees in Intelligence Senior Level positions designated under subsection (a). The award of such rank shall be made in a manner consistent with the provisions of that section.".

TITLE VI—NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES 6 USC 101 note.

SEC. 601. ESTABLISHMENT OP COMMISSION.

There is established in the legislative branch the National Commission on Terrorist Attacks Upon the United States (in this title referred to as the "Commission"). 6 USC 101 note.

SEC. 602. PURPOSES.

The purposes of the Commission are to— (1) examine and report upon the facts and causes relating to 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; (2) ascertain, evaluate, and report on the evidence developed by all relevant governmental agencies regarding the facts and circumstances surrounding the attacks; (3) build upon the investigations of other entities, and avoid unnecessary duplication, by reviewing the findings, conclusions, and recommendations of— (A) 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, (hereinafter in this title referred to as the "Joint Inquiry"); and (B) other executive branch, congressional, or independent commission investigations into the terrorist attacks of September 11, 2001, other terrorist attacks, and terrorism generally; (4) make a full and complete accounting of the circumstances surrounding the attacks, and the extent of the United States' preparedness for, and immediate response to, the attacks; and (5) investigate and report to the President and Congress on its findings, conclusions, and recommendations for corrective measures that can be taken to prevent acts of terrorism. 6 USC 101 note.

SEC. 603. COMPOSITION OF COMMISSION.

(a) MEMBERS.—The Commission shall be composed of 10 members, of whom— (1) 1 member shall be appointed by the President, who shall serve as chairman of the Commission; (2) 1 member shall be appointed by the leader of the Senate (majority or minority leader, as the case may be) of the Democratic Party, in consultation with the leader of the House of Representatives (majority or minority leader, as the

28

PUBLIC LAW 107-306—NOV. 27, 2002

116 STAT. 2409

case may be) of the Democratic Party, who shall serve as vice chairman of the Commission; (3) 2 members shall be appointed by the senior member of the Senate leadership of the Democratic Party; (4) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Republican Party; (5) 2 members shall be appointed by the senior member of the Senate leadership of the Republican Party; and (6) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Democratic Party. (b) QUALIFICATIONS; INITIAL MEETING.— (1) POLITICAL PARTY AFFILIATION.—Not more than 5 members of the Commission shall be from the same political party. (2) NONGOVERNMENTAL APPOINTEES.—An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. (3) OTHER QUALIFICATIONS.—It is the sense of Congress that individuals appointed to the Commission should be prominent United States citizens, with national recognition and significant depth of experience in such professions as governmental service, law enforcement, the armed services, law, public administration, intelligence gathering, commerce (including aviation matters), and foreign affairs. (4) DEADLINE FOR APPOINTMENT.—All members of the Commission shall be appointed on or before December 15, 2002. (5) INITIAL MEETING.—The Commission shall meet and begin the operations of the Commission as soon as practicable. (c) QUORUM; VACANCIES.—After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of its members. Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. SEC. 604. FUNCTIONS OF COMMISSION.

6 USC 101 note.

(a) IN GENERAL.—The functions of the Commission are to— (1) conduct an investigation that— (A) investigates relevant facts and circumstances relating to the terrorist attacks of September 11, 2001, including any relevant legislation, Executive order, regulation, plan, policy, practice, or procedure; and (B) may include relevant facts and circumstances relating to— (i) intelligence agencies; (ii) law enforcement agencies; (hi) diplomacy; (iv) immigration, nonimmigrant visas, and border control; (v) the flow of assets to terrorist organizations; (vi) commercial aviation; (vii) the role of congressional oversight and resource allocation; and (viii) other areas of the public and private sectors determined relevant by the Commission for its inquiry;

29

116 STAT. 2410

PUBLIC LAW 107-306—NOV. 27, 2002

(2) identify, review, and evaluate the lessons learned from the terrorist attacks of September 11, 2001, regarding the structure, coordination, management policies, and procedures of the Federal Government, and, if appropriate, State and local governments and nongovernmental entities, relative to detecting, preventing, and responding to such terrorist attacks; and (3) submit to the President and Congress such reports as are required by this title containing such findings, conclusions, and recommendations as the Commission shall determine, including proposing organization, coordination, planning, management arrangements, procedures, rules, and regulations, (b) RELATIONSHIP TO INTELLIGENCE COMMITTEES' INQUIRY.— When investigating facts and circumstances relating to the intelligence community, the Commission shall— (1) first review the information compiled by, and the findings, conclusions, and recommendations of, the Joint Inquiry; and (2) after that review pursue any appropriate area of inquiry if the Commission determines that— (A) the Joint Inquiry had not investigated that area; (B) the Joint Inquiry's investigation of that area had not been complete; or (C) new information not reviewed by the Joint Inquiry had become available with respect to that area. 6 USC 101 note.

SEC. 605. POWERS OF COMMISSION.

(a) IN GENERAL.— (1) HEARINGS AND EVIDENCE.—The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this title— (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. (2) SUBPOENAS.— (A) ISSUANCE.— (i) IN GENERAL.—A subpoena may be issued under this subsection only— (I) by the agreement of the chairman and the vice chairman; or (II) by the affirmative vote of 6 members of the Commission. (ii) SIGNATURE.—Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the chairman or any member designated by a majority of the Commission, and may be served by any person designated by the chairman or by a member designated by a majority of the Commission. (B) ENFORCEMENT.— (i) IN GENERAL.—In the case of contumacy or failure to obey a subpoena issued under subsection

30

PUBLIC LAW 107-306—NOV. 27, 2002

116 STAT. 2411

(a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (ii) ADDITIONAL ENFORCEMENT.—In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (b) CONTRACTING.—The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this title. (c) INFORMATION FROM FEDERAL AGENCIES.— (1) IN GENERAL.—The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this title. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (2) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION.— Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (d) ASSISTANCE FROM FEDERAL AGENCIES.— (1) GENERAL SERVICES ADMINISTRATION.—The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. (2) OTHER DEPARTMENTS AND AGENCIES.—In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (e) GIFTS.—The Commission may accept, use, and dispose of gifts or donations of services or property. (f) POSTAL SERVICES.—The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States.

31

116 STAT. 2412 6 USC 101 note.

PUBLIC LAW 107-306—NOV. 27, 2002

SEC. 606. NONAPPLICABILITY OP FEDERAL ADVISORY COMMITTEE ACT.

(a) IN GENERAL.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (b) PUBLIC MEETINGS AND RELEASE OF PUBLIC VERSIONS OF REPORTS.—The Commission shall— (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under section 610(a) and (b). (c) PUBLIC HEARINGS.—Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. 6 USC 101 note.

SEC. 607. STAFF OF COMMISSION.

(a) IN GENERAL.— (1) APPOINTMENT AND COMPENSATION.—The chairman, in consultation with vice chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) PERSONNEL AS FEDERAL EMPLOYEES.— (A) IN GENERAL.—The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) MEMBERS OF COMMISSION.—Subparagraph (A) shall not be construed to apply to members of the Commission. (b) DETAILEES.—Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. (c) CONSULTANT SERVICES.—The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. 6 USC 101 note.

SEC. 608. COMPENSATION AND TRAVEL EXPENSES.

(a) COMPENSATION.—Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission.

32

PUBLIC LAW 107-306—NOV. 27, 2002

116 STAT. 2413

(b) TRAVEL EXPENSES.—While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 609. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

6 USC 101 note.

The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this title without the appropriate security clearances. SEC. 610. REPORTS OF COMMISSION; TERMINATION.

6 USC 101 note.

(a) INTERIM REPORTS.—The Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (b) FINAL REPORT.—Not later than 18 months after the date Deadline, of the enactment of this Act, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (c) TERMINATION.— (1) IN GENERAL.—The Commission, and all the authorities of this title, shall terminate 60 days after the date on which the final report is submitted under subsection (b). (2) ADMINISTRATIVE ACTIVITIES BEFORE TERMINATION.—The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. SEC. 611. FUNDING.

6 USC 101 note.

(a) TRANSFER FROM THE NATIONAL FOREIGN INTELLIGENCE PROGRAM.—Of the amounts authorized to be appropriated by this Act and made available in public law 107-248 (Department of Defense Appropriations Act, 2003) for the National Foreign Intelligence Program, not to exceed $3,000,000 shall be available for transfer to the Commission for purposes of the activities of the Commission under this title. (b) DURATION OF AVAILABILITY.—Amounts made available to the Commission under subsection (a) shall remain available until the termination of the Commission.

TITLE VII—INFORMATION SHARING SEC. 701. SHORT TITLE.

Homeland Security Information Sharing Act.

This title may be cited as the "Homeland Security Information Sharing Act".

33

Switching Between the Voice Recorder and Music Player

OLYMPUS®

Erasing

Playing

Recording

VOICE & MUSIC

DM-1 Quick Start Guide ® Elapsed time for the file being played back Cb) Total file play time

(D Current file number © Folder name © Total number of recorded files in the folder

The DM-1 has a voice recorder and a music player Using the MODE switch, choose between the VOICE or MUSIC positions.

Press the FOLDER button to choose a folder.

1

Press the FOLDER button to choose a folder.

Press the FOLDER button to choose a folder.

Press the REC button to start recording.

r) Press the FF/+ or REW/- button to £ choose the file that you want to play.

Press the FF/+ or REW/- button to [ choose the file you want to erase.

: The record/play indicator lamp glows red. i Press the STOP button to stop recording.

1} Press the PLAY button to start playback. Adjust the VOLUME control to your liking.

The recorder stops automatically when it finishes playing each file.

3

Press the ERASE button. TILE ERASE?" flashes on the display for approximately 8 seconds.

II Press the ERASE button once more when
I Music Playback

OLYMPUS

® Title and artist name of the file being played CB Play time of the file being played

OlYMPUS OPTICAL CO..UD. Son-Ei Building, 22-2, Nilhi Shinjuliu 1 -done, Shinjoku-ku, Tolyo, Jopon. W. 03-33*1-2211

OIYMPUS AMERICA INC. U 1-800-622-6372 OLYMPUS OPTICAL CO (EUROPA) GMBH. Two Corporate Center DrivB, Mnlvill*, NY 11747-3157, U.S.A.

(Premises/Goods iMvwy) Wmdmstra™ 14-18, 20057 Hamburg, Gmrrany. tt 040-237730 (I*rtan| Postfach 10 49 08.20034 Hamburg. Gwmany.

OLYMPUS OPTICAL CO. (UK.) LTD. 2-8 Hondurm Street, london K1Y OTX, United Kingdom, W. 020-7253-2772

I

Plug the earphone plug into the EARPHONE jack.

ft Press the FF/+ or REW/- button to 4 choosethemusicfilethatyouwanttoplay. Q Press the PLAY button to start playback. lj The record/play indicator lamp will flash in green, and the title and artist name will scroll on the left side of the screen. A AdjusttheVOLUMEcontroltoyourllklng.

E2-2792-01 U>

The next track will automatically start once the track being played is finished. For details on how to transfer music files to the DM-1, refer to Transferring Music RtestotheDM-rin the DM-1 Instructions.

Various Playback Features

Increasing the WOW effect

Press the MENU button

Equalizer The equalizer mode Is switched in the following order each time the INDEX/EQ (equalizer) button is pressed with playback stopped or during playback. |— FLAT — ROCK -> POP -> JAZZ - USERn You can make your own equalizer settings using the user equalizer (USER EQ) function. Repeat and Random Pla / * Normal play The play mode is switched in the following Single music repeat play order each time the FOLDER/REPEAT Ml music repeat play button is pressed with Random repeat play playback stopped or during playback. — Random play

I Erasing Music Files

2 3 4 5 6

Press the PLAY button. The surround effect setup process begins (SRS 3D). Press the FF/+ or REW/- button to select the surround effect level. Press the PLAY button to register your setting. The bass effect setup process begins (TruBass). Press the FF/+ or REW/- button to select the bass effect level. Press the PLAY button to register your setting. Press the STOP button to close the menu.

Press the FF/+ or REW/- button to choose the music file you want to erase. Press the ERASE button. "FILE ERASE?" flashes on the display for approximately 8 seconds. Press the ERASE button once more when "FILE ERASE?" Is flashing. The display lights continuously to Indicate erasing has started. "ERASE OK" is displayed when the file Is erased. File numbers are incremented automatically.

If you wish to change the WOW level while listening to a track, press the MENU button during playback and repeat .the procedure from step 3.

H & M

TABF

Thomas H. Kean CHAIR Lee H. Hamilton VICE CHAIR Richard Ben-Veniste Max Cleland Frederick F. Fielding Jamie S. Gorelick Slade Gorton John F. Lehman Timothy J. Roemer James R. Thompson

Philip D. Zelikow EXECUTIVE DIRECTOR

[AGENCY] INTERVIEW REQUEST NO. [ ] The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests interviews with the following [Agency] personnel during the weeks of [weeks A, B, and C]. Please provide a proposed date, time and location for each interview no later than [2 weeks after request]. Unless otherwise stated, the anticipated length of each interview is [x hours]. [TRACK ONE] 1. [Name one] 2. [Name two]; [y hours] 3. [Name three]; [z hours] 4. etc. [TRACK TWO] 5. [Name] 6. [Name] 1. etc. [Interviews with individuals listed in one track may overlap with interviews for individuals listed in another track, but within each track interviews should be scheduled without any conflicts.] [Some/All of these interviews may involve the discussion of classified information.] The Commission reserves the right to re-interview these individuals based on the results of the requested interviews and the needs of the Commission. [date of request]

Daniel Marcus General Counsel

35 301 7lh Street SW, Room 5125 Washington, DC 20407

[CLASSIFICATION, IF NECESSARY]

T 202.331.4060 F 202.296.5545 www.9-llcommission.gov

TABG

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

DATE Witness Name ADDRESS 1 ADDRESS 2 City, State Zip

Frederick F. Fielding

Dear [Witness not currently in the government]: Jamie S. Gorelick Slade Gorton John F. Lehman Timothy J. Roemer James R. Thompson

Philip D. Zelikow EXECUTIVE DIRECTOR

The National Commission on Terrorist Attacks Upon the United States is directed by statute to investigate the facts and circumstances surrounding the September 11, 2001 terrorist attacks, including the nation's preparedness for, and immediate response to, those attacks, as well as to evaluate the lessons learned from those attacks and to make recommendations for preventing future attacks. As part of its investigation, the Commission hereby requests to interview you on issues relating to the following general topics: [list topics]. The Commission [does/does not] anticipate that classified information will be discussed at this interview. [Name], a member of the Commission's professional staff, will make the arrangements for your interview. The Commission would like to conduct your interview sometime during the weeks of [dates] in [city], if possible. At least two members of the Commission's staff will attend your interview, and the general policy of the Commission is to tape record interviews. Please call [name] at [phone number] as soon as possible to discuss the time and location of your interview, and to raise any other questions you may have. Thank you very much in advance for your time and for your cooperation with the Commission and its staff in this important matter. Yours sincerely,

Philip Zelikow Executive Director

301 7lh Street SW, Room 5125 Washington, DC 20407

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T 202.331.4060 F 202.296.5545 www.9-11 commission.gov

COMMISSION SENSITIVE [CLASSIFICATION]

TAB H

MEMORANDUM FOR THE RECORD Event: [e.g., witness name or site visited] Type of Event: [e.g., Interview, Briefing, Site Visit, Other] Date: [ ] Special Access Issues: [e.g., SSI or other special handling agreements] Prepared by: [ ] Team Number: [ ] Location: [ ] Participants - Non-Commission: [identify with full name and title] Participants - Commission: [identify with full name]

[Identify each paragraph with classification, i.e. portion marking. Begin Text]

COMMISSION SENSITIVE [CLASSIFICATION]

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