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AGREEMENT ON PRINCIPLES AND PROCEDURES BETWEEN

THE EXECUTIVE OFFICE OF THE PRESIDENT
AND THE SEPTEMBER 11 COMMISSION

This Agreement on Principles and Procedures ("Agreement") will guide the interaction
between (1) the Executive Office of the President ("EOP") and (2) the National
Commission on Terrorist Attacks Upon the United States ("September 11 Commission"
or "Commission") relating to the Commission's requests to the EOP for documents and
information.

GENERAL PRINCIPLES

The Commission has been established to examine and report uponihe-facts and causes
relating to the September 11, 2001 terrorist attacks, and make recommendations for
corrective measures that can be taken to prevent acts of terrorism; and

The Commission has issued several document requested the EOP (i.e., EOP Document
Request No. 1, dated May 13, 2003; EOP Documej^Request No. 2, dated June 4, 2003;
and EOP Document Request No. 3, dated July Ts, 2003) and may issue additional
document requests to the EOP in the futurex^d
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The President has clearly stated a po^y of strong support for the important work of the
Commission; and

The President also has the constitutional authority and responsibility to prevent the
disclosure of information'which, if disclosed, could impair foreign relations, the national
security, the deliberative processes of the Executive, or the performance of the
Executive's constitutional duties; and

The EOP apdme Commission believe that close cooperation with each other will help
enable eacn to carry out their respective missions and will greatly benefit the United
States'and its citizens.

GENERAL NATURE AND SCOPE OF INFORMATION PROVIDED

The EOP is prepared in principle to provide to the Commission information

concerning each of the categories of EOP documents and information requested by
the Commission to date. The EOP £nd the Commission agrej that the scope and
nature of the information being sougnt by and made available to the Commission is
unprecedented.
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2. The Commission acknowledges the extraordinary nature of the information being

made available to the Commission and the great sensitivity and high-level of
classification of much of this information. The Commission will take all reasonable
precautions to protect the information provided and prevent its unauthorized
disclosure, including strict adherence to all applicable regulations and guidelines for
the handling of classified information and observance of the "need-to-know"
principle.

3. The EOF is granting this access voluntarily, without relinquishing presidential

custody over these documents and without waiving either the President's
constitutional prerogatives or his privileges with respect to these documents or this
information, including with regard to further, or public, disclosure of potentially
privileged information provided to the Commission.

COMMISSION REVIEW

4. Documents will generally be made available in the office space of the EOF.
Documents being made available will be accessible only to CommissionersamJ
designated members of Commission staff approved hi advanti by UiU EOPTjThe EOF
and the Commission will consult on a case-by-case basis to determine the number and
identity of individuals with access to documents and information on specific subjects.
The Commission will share information made available by the EOF, including ~~
information contained in notes taken from such materials, with non-designated
members of the Commission staff only upon specific agreement of the EOF. The
Commission specifically agrees that Commissioners and Commission staff will not
EOF informatio^vith individuals outside the Commission, except in
connection with its final report and subject to the procedures outlined in paragraphs
15-17 below.

NOTETAKING

In general, Commissioners and Commission staff may take notes when reviewing
EOF documents. These notes may be of^gufficient detail to allow the Commission to I \m its work and

verbatim from the documents or include direct quotes from documents, except as may
be minu^any^equired to glean the relevant and necessary information from the
documenftpThe Commission and the EOF agree that, as a general matter, no direct
quotes-orcentences or longer passages from documents will be included in notes, but
that exceptions may be made on a case-by-cases upon a particularized showing of
need by the Commission.

6. Commissioners and staff members may, in certain circumstances-take notes

electronically on security-approved word processing equipment mat will be provided
by the Commissiorun space made available to the Commission ror reviewing EOF
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information Those notes must, however, be printed before leaving the review facility
and thereafter handled in the same manner as handwritten notes; no electronic media
will be removed from EOF space.

7. Notes will be reviewed by EOF staff before they are removed from EOF space to
ensure they are properly classified. Commissioners and Commission staff taking the
notes will initially mark paragraphs with classification markers based on the level of
classification of the document from which notes are being taken to facilitate security
review by EOF staff. EOF review will occur prior to the Commissioner or staff
member leaving the review facility when feasible and, if not feasible, promptly
thereafter (typically within one to two business days). Notes generally will be
classified at the highest level of any document from which they were derived.

8. Notes derived from EOF documents may be brought back to the Commission's secure
facility under appropriate security, transportation, and access conditions. The EOF
and Commission will work together to regularize a system for transportation of notes
that facilitates timely movement of the notes, but ensures they are transported only
under appropriate security conditions, and only by individuals properly accredited to
transport materials at the given level of security classification.

9. Any disclosure or discussion offthe coments of those notes will be limited to

designated Commissioners andjstaff. The EOF will consider, on a case-by-case basis,
requests to disclose discrete portions of such information to properly cleared
additional staff upon a particularized showing of neemby the Commission.

DRAFT DOCUMENTS

10. In general, unsent or uncirculated draft documents need not be made available to the
Commission.

1 1 . The EOF will consider making available draft policy statetffents that have been
circulated for policy review. The EOF will also consider producing drafts of other
types of documents Qn a case-by-case basis upon a particularized showing of need by
the Commission. [No notes will be taken from draft documents except upon further
agreement between the EQP and the Commission based on a particularized showing
of need by the CommissionT)

12. In general, any circulated draft policy document that is not being made available, but
which was attached to documents which are being made available or is otherwise
arguably responsive to a Commission request, will be generally identified to the
Commission so that the Commission may consider making a particularized showing
of need in support of a request for some information about that document.
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HANDLING PARTICULARLY SENSITIVE INFORMATION

13. Even with regard to most EOF documents and information that are particularly
sensitive ~ such as those relating to certain aspects of national security, the most
deliberative processes of the President and his key advisors, or discussions with
foreign leaders — the EOF will attempt to make available some information to the
Commission/upon a particularized snowing of need by the Commission. jThis
information may be provided, for example, through briefings, limited and conditional
access to the material, or by other types of accommodations as have been historically
made in such cases. The EOP currently anticipates that this type of information will
be relatively small in volume.

14. The EOP will also considegfeasonable, particularize^Wequests by the Commission's

Chair or Vice Chair for additional information or access as required.

REVIEW OF REPORT

15. The Commission and the EOP agree that any written materials that the Commission
seeks to disclose publicly must be submitted to the EOP for pre-publication review,
reasonably in advance of the Commission's intended publication, to verify that no
classified information is contained within such materials.

16. The EOP also retains the separate right to review in advance of public disclosure
portions of any such materials that draw upon or quote deliberative materials in order
to determine whether the President consents to the publication of potentially
privileged information^n this regard, there should be a presumption against referring
to, or quoting, EOP deliberative materials except upon a particularized showing of
need\. Both sides expect that any concerns that arise can be worked out through consultation

and in a spirit of mutual respect, without obliging the President to assert a privilege or
requiring the Commission to decide whether to contest such an assertion.

Agreed:

FOR THE EXECUTIVE OFFICE OF THE PRESIDENT

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FOR THE SEPTEMBER 11 COMMISSION