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The records described below and on the attached pages are deposited in the National on the use of records in the National Archives of the United States that have been published in 36
CFR Part 1256 or in the Guide to the National Archives of the United States. The Archivist may
destroy, donate, or otherwise dispose of any containers, duplicate copies, unused forms, blank
stationery, nonarchival printed or processed material, or other non-record material in any manner
authorized by law or regulation. Without further consent, the Archivist may destroy deteriorating or
In accordance with 44 U.S.C. 2108, custody of these records becomes the responsibility of the damaged documents after they have copied in a form that retains all of the information in the
Archivist of the United States at the time of transfer of the records. It is agreed that these records original document. The Archivist will use the General Records Schedule and any applicable
will be administered in accordance with the provisions of 44 U.S.C. Chapter 21 , 36 CFR XII, 36 records disposition schedule (SF 115) of the transferring agency to dispose of nonarchival
CFR Part 1 256, and such other rules and regulations as may be prescribed by the Archivist of the materials contained in this deposit.
United States (The Archivist). Unless specified and justified below, no restrictions of the use of
these records will be imposed other than the general and specific restriction
RECORDS INFORMATION
4A. RECORDS SERIES TITLE Records of the National Commission on Terrorist Attacks Upon the United States
5E. AGENCY PERSON WITH WHOM TO CONFER ABOUT THE RECORDS 1 1 . DATE RECORDS ELIGIBLE FOR TRANSFER TO THE ARCHIVES
Name: Dianna Campagna Auoust 21 . 2004
Telephone Number: 202-331-4082 12. ARE RECORDS FULLY AVAILABLE FOR PUBLIC USE?
YES X NO (If no, attach limits on use and justification) See attached
6. DISPOSITION AUTHORITY:
N1-148-04-01 letters
7. IS SECURITY CLASSIFIED INFORMATION PRESENT? NO X YES 13. ARE RECORDS SUBJECT TO THE PRIVACY ACT?
LEVEL: Confidential Secret X TOD Secret
SPECIAL MARKINGS: RD/FRD X SCI NATO (If yes, cite Agency System Number and Federal
Other _YES X NO Register volume and page number of most
INFORMATION STATUS: Segregated Declassified recent notice and attach a copy of this notice.)
NARA PROVIDES
16. RECORDS ACCEPTED INTO THE NATIONAL ARCHIVES OF THE UNITED STATES 17. NATIONAL ARCHIVES ACCESSION NO.
Signature Date
National
Coalition for
History
Dr. Bruco Craig
Director
Members
American Historical Association
Organization at American Historians
Society ol American Archrvists National Coalition for History
ABC-CLIO
Southern Historical Association 400 A Street S.E. Washington B.C. 20003
Society lor Military History
Society for Historians of
American Foreign Relations
National Council on Public History
American Studies Association
American Council of Learned Societies
FAX TRANSMISSION
American Association tor
State and Local History
The History Channel
American Political Science Association Date: \~\: Bruce Craig, Director
Western History Association
Phi Alpha Theta
Society (or History in the
Federal Government
Mid-Atlantic Regional Archivts
Conference
E-mail: rbcraig@historvcoantion.org
Association for Documentary Editing
History Associates, Inc.
Society for History Education National Coalition for History
Agricultural History Society
H-Net, Humanities On-line 400 A St., SE
Coordinating Council for Woman
in History Washington, DC 20003
History of Science Society
Federation of State Humanities Councils Fax - (202) 544-8307
American Association for the
History of Medicine Voice - (202) 544-2422 ext. 116
Midwest Archives Conference
Society for the History of Technology
New England Historical Association
Society of Ohio Archivists To: Dowel
Berkshire Conference of Woman
Historians
Peace History Society
Immigration and Ethnic History Society Phone: (2o".C)
German Studies Aaaociation
American Society for Environmental
History
Omohundra Institute of Early Message:
American History and Culture
Conference Group for
Central European Hiatery
Polish American Historical Association
American Library AisocWtion-
Library History Round Table
National Association of Government
Archives and Records Administrators
Oral History Association
American Society for Legal History
Council on America's MrStsry Peat
Economic History Association
Women Historians of the Midwest
Institute for Historical Study
New England Archivists
Society of Georgia Archivists
Southern Association for Women
Historians
Society of Southwest Archivists
Society for Historians of the
Early American Republic
Community College Humanities
Association
Urban History Association
Western Association of Woman
Historians
Society of California Archivists
The Business History Conference
Society for Spanish and Portuguese
Historical Studies Total Pages Transmitted (including this cover sheet)
California Council for the
Promotion of History
Society for Historians of the
Gilded Age and Progressive Era
2004 13:56 FAX 202 544 8307 AMERICAN HISTORICAL 1002/002
At the most recent meeting of the Advisory Committee on the Records of Congress, 7 June 2004,
Richard Hunt, the director of the Center for Legislative Archives announced that the National
Commission on Terrorist Attacks Upon the United States will complete its report and shut down
operations in July 2004. In August or September or shortly thereafter, the National Archives and
Records Administration (NARA) will be receiving from the Commission what we anticipate will be
thousands of pages of documents as well as electronic records, interviews, and audio collections that
have.been generated during the Commission's investigation. During the aforementioned meeting of the
Advisory Committee, Deputy Archivist Michael Kurtz declared that a top priority of NARA would be to
work with the Commission to create guidelines for the public dissemination of these records that would
"protect the classified n.ature of the documents as well as the privacy of individuals mentioned within
their context."
The National Coalition lor History is a 501 (c) 3 non-profit organization that represents the interests of the
historical and archival communities on Capitol Hill. As you can well expect, several of our member
organizations have expressed interest and concern over the guidelines that will be prepared and applied
to the records of the Commission. I anticipate that many individual historians, political scientists,
journalists, and independent scholars will have a high degree of interest in these records and will be
seeking access to them as soon as possible.
With this in mind.jthe National j^gajjtignfor History requests a meetingwith you and/or appropriate staff
to discussJUie guidelines that the Commission will oe prepanngrin cooperation with NARA thaugjaie to
this irjiportantrecord group. Because of the pending appointment of a new Archivist of ttie UnitecTStates
(Professor Allen Weinstein's name has been advanced to the Senate by the White House to replace
current Archivist John Carlin), such a meeting to discuss the guidelines is especially important to our
community at this particular time. I'm sure that such a meeting would probably prove useful to all parties
concerned.
Sustaining Supporters: American Association for State and Local History; American Council of Learned Societies; American Historical Association; American Political
Science Association; American Studies Asso sialion; Council of State Historical Records Coordinators; The History Channel; Midwest Archives Conference; National
Council on Public History/iUPUl Department of History; Organization of American Historians; Society of American Archivists; Society for Historians of American Foreign
Relations; Society for Military History: Southern Historical Association. Institution*! Supporter*: Association For Documentary Editing; Gilder Lehrman Institute of
American History; History Associates, Inc.; Society for History in the Federal Government; Society of American Historians; Western History Association. Contributing
Supporter*: Over fifty other historical and at ;hiv/al organizations
U4>
Thomas H. Kean
CHAIR August 20, 2004
Lee H. Hamilton
VICE CHAIR Marc S. Moller, Esq.
Kreindler & Kreindler LLP
Richard Ben-Veniste
100 Park Avenue
Fred F. Fielding New York, NY 10017-5590
Jamie S. Gorelick
Dear Mr. Moller:
Slade Gorton
We have received your letter dated August 13, 2004, requesting access to
Bob Kerrey
certain materials referenced in the Final Report of the National Commission
John F. Lehman on Terrorist Attacks Upon the United States (the "Commission"). Contrary to
your assumption, the materials referenced in the Final Report have not been
Timothy J. Roemer
made available for public examination. Future public access to the
James R. Thompson Commission's records is addressed in a statement the Commission issued
earlier today; that statement is available on the Commission's website,
Philip D. Zelikow
www. 9-1 lcommission.gov.
EXECUTIVE DIRECTOR
Pursuant to statute, the Commission terminates tomorrow, August 21, 2004.
As of that date, all of the Commission's records will be in the custody of the
National Archives and Records Administration (NARA). We suggest that you
contact the General Counsel of NARA regarding any future requests.
Yours sincerely,
Daniel Marcus
General Counsel
Dan Marcus
Steve: as you draft our letter to NARA, I suggest the following candidates for inclusion in the category of
documents available to the public after the six-month processing period (as opposed to Jan. 2, 2009). All listed
items subject to classification exception of course, as well as any privacy deals we've made, and subject to NARA
judgments re privacy, deliberative process, law enforcement exceptions to FOIA:
[All internal memos, emails, drafts, minutes and correspondence with outsiders would be in the 2009 batch.]
Dianna may have some additional thoughts on what could be in the first tranche.
7/30/2004
MEMORANDUM FOR THE CHAIR AND VICE CHAIR
When the Commission terminates on August 26, 2004, all of its records will be transferred to the
National Archives and Records Administration (NARA) for safekeeping and eventual release to
the public. Before we go out of business, we need to provide NARA with guidance as to when
the public and various groups should gain access to various types of Commission records. Dan,
Steve, and Dianna Campagna had a very useful meeting with NARA officials on this subject last
month. This memo outlines the most important access issues and recommends a Commission
position on each issue. That position would be set forth in a letter from the Chair and Vice Chair
to the Archivist of the United States specifying the conditions we want for access to our
documents.
Initial processing period: NARA recommended that we set aside an initial period of 6 months
during which there would be no access to Commission records (with the exception of
Commissioner and Commission staff access as discussed below) to provide NARA with
sufficient time to begin organizing and cataloguing our records without having to worry about
access requests. We recommend adopting this suggestion.
Records produced by others: In response to our document requests, the Commission has
received thousands of documents and other records from federal government agencies, as well as
documents from other government entities and private firms. As for unclassified records in this
category, we recommend release to the public (including researchers and the media) 5 years after
the Commission terminates, while asking NARA to withhold from public release for at least 25
years documents or portions of documents that raise significant privacy concerns. We may want
to leave to NARA's judgment whether to release, 5 years out, agency records that the agencies
have withheld from release because they are deliberative or concern law enforcement matters.
Many records the Commission collected are classified, and as to those we recommend release to
the public whenever they are declassified after the 5 year waiting period.
NARA also suggested that private access be available to each chamber of Congress and to
congressional committees (in practice, the Majority Leader, Speaker, and committee chairs) as
soon as the 6 month initial processing period is complete. This is apparently NARA's normal
practice for congressional access. NARA also suggested that Executive Branch officials on
official government business have the same access to these records. We agree with these
suggestions.
Records of Commission interviews: The Commission has tape recordings and transcripts of
some interviews, and memoranda for the record written by Commission staff of most interviews
and briefings. Many of our witnesses had an expectation that these interviews would not be
-1 -
made public in the near future. We recommend that these materials be released to the public 5
years after the Commission terminates, although records of interviews that involved classified
information would not be released until they are declassified. In addition, we recommend that
records of interviews involving personal privacy concerns (e.g., individual firefighters, survivors,
and victim family members) not be released for at least 25 years.
Internal Commission Materials: This category includes a wide range of materials, from minutes
of Commission meetings, briefing books, and Commissioners' files to email communications
ambng the Commissioners and staff, internal memosTSrafts of the finarTeporFSd~slaff
statements, and staff working files. Because of theUelittmtrve and-informal nature of much of
this material, anTBeCauseTEIs'is not primary historical evidence of the events we are
investigating, we recommend that this material (to the extent it is not classified) be released 10
years after the Commission terminates, except for formal minutes of Commission meetings and
binders prepared for Commissioners for meetings and hearings, which could be released after 5
years.
Commissioner and staff access: We recommend that all Commissioners and just a few selected
staff (perhaps just Philip, Dan, and Chris) have access to all Commission materials at NARA as
soon as the Commission terminates, assuming they have the proper clearances. We are working
to have Commissioners' security clearances extended for at least six months after the
Commission terminates to facilitate such access.
Commission public materials and monographs: We recommend that NARA make all of the
Commission's public materials, such as the final report, unclassified monographs, staff
statements, transcripts of hearings, etc., available to the public as soon as the Commission
terminates, and that it make any classified monographs available to anyone who has the
necessary security clearances.
Letter to agencies: One related issue tfiatNARA raisesUsTthat theyj are consideringo sendingf a
- v r ^ ^—;
letter from the Archivist of the United State&^ttfagencies, perhaps endorsed by the Chair and
-s^^ ^^
Vice Chair, asking each agency to segregate anuSo maintain records that were shown, made
available, or briefed to the Commission and/or its stMQmt were not physically produced to the
Commission. We believe this is/a good idea that we shouM-encourage. NARA's suggested
letter from the Chair and Vice Chair supporting such an effort is attached.
-2-
WITH DRAWAL NOTICE
RG: 148
Box: 00001 Folder: 0001 Document: 4
Series: Dan Marcus Files
Copies: 1 Pages: 3
ACCESS RESTRICTED
The item identified below has been withdrawn from this file:
In the review of this file this item was removed because access to it is
restricted. Restrictions on records in the National Archives are stated in
general and specific record group restriction statements which are available
for examination.
NND: 221
Withdrawn: 01-22-2008 by:
FAX TRANSMISSION
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
LIFE CYCLE MANAGEMENT DIVISION
8601 Adelphi Road
College Park, MD 20740-6001
301-837-3172
Fax: 301-837-3698
COMMENTS:
Steve-
David
rJUL-08-2004 07=00 NRTIONPIL flRCHIUES P. 02
JOB NUMBER
REQUEST FOR RECORDS DISPOSITION AUTHORITY
4. NAME OF PERSON WITH WHOM TO CONFER 5' TELEPHONE NUMBER DATE ARCHIVIST OF THE UNITED STATES
6. AGENCY CERTIFICATION
I hereby certify that I am authorized to act for this agency in matters pertaining to the disposition of its records and that the
records proposed for disposal on the attached page(s) are not needed now for the business for this agency or will not be
needed after the retention periods specified; and that written concurrence from the General Accounting Office, under the
provisions of Title 8 of the GAO Manual for Guidance of Federal Agencies,
115-109 PREVIOUS EDITION NOT USABLE STANDARD FORM 115 (REV. 3-91)
Prescribed by NARA 36 CFR 1228
fJUL-08-2004 07=00 NATIONAL PRCHIUES P. 03
JUL 72004
The Honorable
Donald H. Rumsfeld
The Secretary of Defense
The Pentagon
Washington, DC 20301-1155
September 11,2001, is a pivotal moment in our history. The terrorist attacks on the
United States have had far-reaching effects on our country and the world, and,
therefore, the United States Government must preserve the fullest possible
documentation on those events. To that end, the National Archives and Records
Administration is working with the National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission") to ensure the proper disposition of its
records.
The proposed schedule calls for the transfer of the records when the records of the
Commission itself are transferred to the National Archives. That transfer will take
place within two months of the Commission issuing its final report. It is standard
rJUL-0B-2004 07=01 NfiTIONflL fiRCHIUES P. 04
Sincerely,
JOHN W. CARUN
JOHN W. CARLIN
Archivist of the United States
Enclosures
JUL 7 2004
The Honorable
Colin L. Powell
The Secretary of State
Washington, DC 20520
September 11,2001, is a pivotal moment in our history. The terrorist attacks on the
United States have had far-reaching effects on our country and the world, and,
therefore, the United States Government must preserve the fullest possible
documentation on those events. To that end, the National Archives and Records
Administration is working with the National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission") to ensure the proper disposition of its
records.
The proposed schedule calls for the transfer of the records when the records of the
Commission itself are transferred to the National Archives. That transfer will take
place within two months of the Commission issuing its final report. It is standard
practice for temporary commissions to transfer their records to the National
JUL-08-2004 07:01 NATIONAL RRCHIUES P. 06
Archives upon termination. Since the materials held by your agency are so closely
related to the records of the Commission, we believe that it is appropriate that they
be transferred at the same time. This will also remove the burden of storing those
materials from your agency. If, however, transfer that soon is not possible, please
submit a revised SF115 that provides a transfer date consistent with 44 USC
2107(2), which mandates the transfer of permanent records to NARA when no more
than 30 years old, unless the records are needed for day-to-day agency business.
Sincerely,
JOHN W. CARLIN
Archivist of the United States
Enclosures
JUL 72004
The Honorable
Norman Y. Mineta
The Secretary of Transportation
Washington, DC 20590
September 11,2001, is a pivotal moment in our history. The terrorist attacks on the
United States have had far-reaching effects on our country and the world, and,
therefore, the United States Government must preserve the fullest possible
documentation on those events. To that end, the National Archives and Records
Administration is working with the National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission") to ensure the proper disposition of its
records.
The proposed schedule calls for the transfer of the records when the records of the
Commission itself are transferred to the National Archives. That transfer will take
place within two months of the Commission issuing its final report. It is standard
practice for temporary commissions to transfer their records to the National
Archives upon termination. Since the materials held by your agency are so closely
.-08-2004 07:02 NPlTIONPL flRCHIUES P.08
related to the records of the Commission, we believe that it is appropriate that they
be transferred at the same time. This will also remove the burden of storing those
materials from your agency. If, however, transfer that soon is not possible, please
submit a revised SF115 that provides a transfer date consistent with 44 USC
2107(2), which mandates the transfer of permanent records to NARA when no more
than 30 years old, unless the records are needed for day-to-day agency business.
Sincerely/ --—-•
JOHN W, CAMS
JOHN W. CARLIN
Archivist of the United States
Enclosures
JUL 7 2004
The Honorable
John W. Snow
The Secretary of the Treasury
Washington, DC 20220
September II, 2001, is a pivotal moment in our history. The terrorist attacks on the
United States have had far-reaching effects on our country and the world, and,
therefore, the United States Government must preserve the fullest possible
documentation on those events. To that end, the National Archives and Records
Administration is working with the National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission") to ensure the proper disposition of its
records.
The proposed schedule calls for the transfer of the records when the records of the
Commission itself are transferred to the National Archives. That transfer will take
place within two months of the Commission issuing its final report. It is standard
practice for temporary commissions to transfer their records to the National
Archives upon termination. Since the materials held by your agency are so closely
^08-2004 07:03 NATIONAL fiRCHIUES P. 10
related to the records of the Commission, we believe that it is appropriate that they
be transferred at the same time. This will also remove the burden of storing those
materials from your agency. If, however, transfer that soon is not possible, please
submit a revised SF115 that provides a transfer date consistent with 44 USC
2107(2), which mandates the transfer of permanent records to NARA when no more
than 30 years old, unless the records are needed for day-to-day agency business.
Sincerely,
JOHN W. CARLIN
Archivist of the United States
Enclosures
JUL 7 2004
September 11, 2001, is a pivotal moment in our history. The terrorist attacks on the
United States have had far-reaching effects on our country and the world, and,
therefore, the United States Government must preserve the fullest possible
documentation on those events. To that end, the National Archives and Records
Administration is working with the National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission") to ensure the proper disposition of its
records.
The proposed schedule calls for the transfer of the records when the records of the
Commission itself are transferred to the National Archives. That transfer will take
place within two months of the Commission issuing its final report. It is standard
practice for temporary commissions to transfer their records to the National
Archives upon termination. Since the materials held by your agency are so closely
3^2004 07:04 NflTIONPL flRCHIUES P. 12
related to the records of the Commission, we believe that it is appropriate that they
be transferred at the same time. This will also remove the burden of storing those
materials from your agency. If, however, transfer that soon is not possible, please
submit a revised SF115 that provides a transfer date consistent with 44 USC
2107(2), which mandates the transfer of permanent records to NARA when no more
than 30 years old, unless the records are needed for day-to-day agency business.
Sincerely,
JOHNW.CAFIUM
JOHN W. CARLIN
Archivist of the United States
Enclosures
JUL 7 2004
September 11,2001, is a pivotal moment in our history. The terrorist attacks on the
United States have had far-reaching effects on our country and the world, and,
therefore, the United States Government must preserve the fullest possible
documentation on those events. To that end, the National Archives and Records
Administration is working with the National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission") to ensure the proper disposition of its
records.
The proposed schedule calls for the transfer of the records when the records of the
Commission itself are transferred to the National Archives. That transfer will take
place within two months of the Commission issuing its final report. It is standard
L-08-2004 07 = 04 NflTIONPL RRCHIUES P. 14
Sincerely,
JOHNW.CARLIN
Archivist of the United States
Enclosures
JUL 7Z004
September 11,2001, is a pivotal moment in our history. The terrorist attacks on the
United States have had far-reaching effects on our country and the world, and,
therefore, the United States Government must preserve the fullest possible
documentation on those events. To that end, the National Archives and Records
Administration is working with the National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission") to ensure the proper disposition of its
records.
The proposed schedule calls for the transfer of the records when the records of the
Commission itself are transferred to the National Archives. That transfer will take
place within two months of the Commission issuing its final report. It is standard
practice for temporary commissions to transfer their records to the National
NHI1UNHL HKCHlUbb P. IB
Archives upon termination. Since the materials held by your agency are so closely
related to the records of the Commission, we believe that it is appropriate that they
be transferred at the same time. This will also remove the burden of storing those
materials from your agency. If, however, transfer that soon is not possible, please
submit a revised SF115 that provides a transfer date consistent with 44 USC
2107(2), which mandates the transfer of permanent records to NARA when no more
than 30 years old, unless the records are needed for day-to-day agency business.
Sincerely,._,.- -..,,-_.
JOHN W. CARLIN
Archivist of the United States
Enclosures
JUL 7 2004
September 11, 2001, is a pivotal moment in our history. The terrorist attacks on the
United States have had far-reaching effects on our country and the world, and,
therefore, the United States Government must preserve the fullest possible
documentation on those events. To that end, the National Archives and Records
Administration is working with the National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission") to ensure the proper disposition of its
records.
The proposed schedule calls for the transfer of the records when the records of the
Commission itself are transferred to the National Archives. That transfer will take
place within two months of the Commission issuing its final report. It is standard
practice for temporary commissions to transfer their records to the National
7UL-08-2004 07 = 06 NflTIONPlL PRO-HUES P. 18
Archives upon termination. Since the materials held by your agency are so closely
related to the records of the Commission, we believe that it is appropriate that they
be transferred at the same time. This will also remove the burden of storing those
materials from your agency. If, however, transfer that soon is not possible, please
submit a revised SF115 that provides a transfer date consistent with 44 USC
2107(2), which mandates the transfer of permanent records to NARA when no more
than 30 years old, unless the records are needed for day-to-day agency business.
Sincerely,
JOHN W. CARLIN
Archivist of the United States
Enclosures
JUL 7 2QQ4
September 11,2001, is a pivotal moment in our history. The terrorist attacks on the
United States have had far-reaching effects on our country and the world, and,
therefore, the United States Government must preserve the fullest possible
documentation on those events. To that end, the National Archives and Records
Administration is working with the National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission") to ensure the proper disposition of its
records.
The proposed schedule calls for the transfer of the records when the records of the
Commission itself are transferred to the National Archives. That transfer will take
place within two months of the Commission issuing its final report. It is standard
practice for temporary commissions to transfer their records to the National
Archives upon termination. Since the materials held by your agency are so closely
jL-08-2004 07:06 NflTIONflL flRCHIYES P-20
related to the records of the Commission, we believe that it is appropriate that they
be transferred at the same time. This will also remove the burden of storing those
materials from your agency. If, however, transfer that soon is not possible, please
submit a revised SF 115 that provides a transfer date consistent with 44 USC
2107(2), which mandates the transfer of permanent records to NARA when no more
than 30 years old, unless the records are needed for day-to-day agency business.
Sincerely,_________........
JOHN W. CARLIN
Archivist of the United States
Enclosures
JUL 72004
September 11,2001, is a pivotal moment in our history. The terrorist attacks on the
United States have had far-reaching effects on our country and the world, and,
therefore, the United States Government must preserve the fullest possible
documentation on those events. To that end, the National Archives and Records
Administration is working with the National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission") to ensure the proper disposition of its
records.
The proposed schedule calls for the transfer of the records when the records of the
Commission itself are transferred to the National Archives. That transfer will take
place within two months of the Commission issuing its final report. It is standard
practice for temporary commissions to transfer their records to the National
Archives upon termination. Since the materials held by your agency are so closely
related to the records of the Commission, we believe that it is appropriate that they
*!fUL-08-2004 07:07 NflTIDNRL RRCHIUES P. 22
be transferred at the same time. This will also remove the burden of storing those
materials from your agency. If, however, transfer that soon is not possible, please
submit a revised SF 115 that provides a transfer date consistent with 44 USC
2107(2), which mandates the transfer of permanent records to NARA when no more
than 30 years old, unless the records are needed for day-to-day agency business.
Sincerely,
JOHN W. CARLIN
Archivist of the United States
Enclosures
JUL 7 2004
The Honorable
John Ashcroft
The Attorney General
Washington, DC 20530
September 11,2001, is a pivotal moment in our history. The terrorist attacks on the
United States have had far-reaching effects on our country and the world, and,
therefore, the United States Government must preserve the fullest possible
documentation on those events. To that end, the National Archives and Records
Administration is working with the National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission") to ensure the proper disposition of its
records.
The proposed schedule calls for the transfer of the records when the records of the
Commission itself are transferred to the National Archives. That transfer will take
place within two months of the Commission issuing its final report. It is standard
practice for temporary commissions to transfer their records to the National
Archives upon termination. Since the materials held by your agency are so closely
ay:00 NHIIUNHL
related to the records of the Commission, we believe that it is appropriate that they
be transferred at the same time. This will also remove the burden of storing those
materials from your agency. If, however, transfer that soon is not possible, please
submit a revised SF115 that provides a transfer date consistent with 44 USC
2107(2), which mandates the transfer of permanent records to NARA when no more
than 30 years old, unless the records are needed for day-to-day agency business.
Sincerely,
JOHN W. CARL®*
JOHNW.CARLIN
Archivist of the United States
Enclosures
JUL 7 2004
The Honorable
Tom Ridge
Secretary of Homeland Security
Washington, DC 20528
September 11, 2001, is a pivotal moment in our history. The terrorist attacks on the
United States have had far-reaching effects on our country and the world, and,
therefore, the United States Government must preserve the fullest possible
documentation on those events. To that end, the National Archives and Records
Administration is working with the National Commission on Terrorist Attacks
Upon the United States ("9/11 Commission") to ensure the proper disposition of its
records.
The proposed schedule calls for the transfer of the records when the records of the
Commission itself are transferred to the National Archives. That transfer will take
place within two months of the Commission issuing its final report. It is standard
practice for temporary commissions to transfer their records to the National
Archives upon termination. Since the materials held by your agency are so closely
"jUL-08-2004 07:09 NftTIONPL flRCHIUES
related to the records of the Commission, we believe that it is appropriate that they
be transferred at the same time. This will also remove the burden of storing those
materials from your agency. If, however, transfer that soon is not possible, please
submit a revised SF115 that provides a transfer date consistent with 44 USC
2107(2), which mandates the transfer of permanent records to NARA when no more
than 30 years old, unless the records are needed for day-to-day agency business.
Sincerely,
JOHN W. CAROM
JOHN W. CARLIN
Archivist of the United States
Enclosures
TOTflL P. 26
-_
--National'
at College Park
8601 Adelphi Road College Park, Maryland 20740-6001
Thank you for your letter of June 8, 2004, concerning copies of documents loaned to,
reviewed by, or briefed to the Commission and staff. You asked us to work with
the relevant agencies to ensure that those files are preserved. We are already
working in that direction and your letter will be of immeasurable help in successful
completion of that effort.
4
We look forward to a continued fruitful relationship with Commission staff on this
and other records-related issues. Please contact Paul M. Wester, Jr., Director of the
Life Cycle Management Division, on 301-837-3120 if you have any questions.
Sincerely,
>HN W. CARLIN
rchivist of the United States
Dear Dan:
Our current thinking is that there are two major principles that should
continue to govern Department of State documents and any determinations
whether and when to release such documents in the future. First, the
Commission's specific undertakings not to release certain information
without the consent of the Department of State should continue to apply.
Second, and more generally, we believe that NARA should treat Department
of State documents being transferred by the Commission in the same way
that it would treat documents being provided directly by the Department of
State.
We recognize that there are, in addition, more complicated questions
that it would be useful to discuss. For example, apart from documents that
were generated by the Department of State and provided to the Commission,
the Commission has also generated many of its own documents that contain
Department of State information, e.g., in notes and tapes of interviews,
Commission reports, etc. Some such documents, such as tapes of interviews
of employees, could be equated to Department documents, but other
documents will have a "mixed" character and it would presumably be
desirable to have some uniform regime. Further, as a practical matter, it
seems that the information subject to the Commission's specific undertaking
not to release without the agreement of the Department needs to be
identified or "marked" in some way, so that NARA can be reasonably
apprised when this restriction applies.
Sincerely,
Karl Hofmann
Executive Secretary