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THE WHITE HOUSE WASHINGTON

OFFICE OF THE COUNSEL TO THE PRESIDENT Facsimile Cover Sheet Phone: (202)456-7900 Fax: (202) 456-1647

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Confidentiality Notice The document accompanying this telecopy transmission contains confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, or distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this telecopy in error, please immediately notify us by telephone to arrange for return of the original documents to us.

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572004 07:07 FAI EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C

GENERAL COUNSEL

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February 18, 2004

Daniel Marcus, Esq. Genera] Counsel National Commission on Terrorist Attacks Upon the United States 2100KStreetN.W. Washington, D.C. 20037 Dear Mr. Marcus: Consistent with the President's policy of support for the work of the National Commission on Terrorist Attacks Upon the United States ("Commission"), and as a matter of comity between the legislative and executive branches, the Office of Management and Budget ("OMB") is today providing to the Commission additional documents and information that may be responsive to the Commission's request entitled "Request from the National Commission on Terrorist Attacks Upon the United States to the Office of Management and Budget regarding U.S. Funding for Counterterrorism," transmitted to OMB on January 20, 2004 (the "Request"). The documents provided today (Bates numbered 6230-6239, 8407-8408) are part of a rolling production, and supplement the installments provided on February 5,2004, and February 10, 2004. OMB is continuing to search for documents responsive to the Request, and will provide additional material, if any, as it becomes available. In addition to the items transmitted herewith, we are making available numerous documents for the Commission's review (Bates numbered 6240-8406, 8409-8414) in the NEOB reading room dedicated for the Commission's use. As discussed, these documents, which include highly deliberative and privileged materials (such as passbacks, agency appeals and director's review papers) will be accessible to Commissioners, Kevin Scheid, and such other staff as we may mutually designate in the future. We have agreed that these documents are made available subject to the procedures for Commission review of Executive Office of the President (EOF) documents and information outlined in your July 29,2003 letter to Associate Counsel to the President Thomas A. Monheim, and subsequent related communication between the EOF and the Commission. As discussed with Commission staff, OMB has not redacted the non-responsive portions of most of the documents made available today, in order to permit the responsive material to be reviewed in context. The non-responsive portions are made available based on our understanding that the Commission will limit its note-taking and use of these documents to the responsive portions only. Further, some of the documents are so voluminous that only responsive pages (and surrounding identifying pages) have been duplicated. If, after review of these portions, you would prefer that the entire document be made available, please let us know.

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The referenced documents and information, and all documents and information subsequently furnished, are famished (whether by delivery or by making them available) with due regard for the constitutional separation of powers and reserving all legal authorities, privileges and objections that may apply, including with respect to other governmental entities or private parties. Documents and other information are furnished to the Commission in confidence and as in closed session. Please ensure that the Commission protects them from unauthorized disclosure and from use for any purpose other than the purpose for which the Commission made the request. We look forward to continuing to work with you to ensure that the Commission receives all of the information that it needs to fulfill its mission. Sincerely,

Jennifer G\d General Counsel Office of Management & Budget