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May 19,
20C
v
&
Memorandum For The Record
Subject:
Data Call Interpretation Meeting at Department of Transportation (DoT)
X.O
Date and Location of Meeting: May 19,
2002710
a.
m.,
Office
of DoT General Counsel
Attendees:
Commission
Staff
Dana HydeMiles KaraDoTLindy
Knapp,
DoT Deputy General Counsel
Lynne
Osmus,
FAA
Paula
Tedrin,
FAAJoe Brooks, FAA (Don Horn alt contact)
1.
Purpose:
The
meeting
was
called
at DoT
request
to
seek clarification
on FAA
Document Request No. 1. (copy of Team 8 input, attached)2. Results:
DoT
advised that
FAA
retained most responsive
air
traffic
control
files.
The
Transportation Security Agency (TSA) held those
files
dealing withcrisis management. TSA also held the
files
turned over to the JointInquiry.
Specifically,
TSA
held
the
plans
and
procedure
files
responsiveto item
1,
the
FAA/FBI
agreement responsive to item 3, and the FAAcommand center logs responsive to item 6.Commission
Staff
and DoT
personnel
agreed that, apart from the
FAA/FBI
agreement, item3pertained primarilyto theSecret Service, withDepartmentofEnergyapossibility.
FAA
will make space available
for
Commission
Staff
review
of
documents provided.DoT, when required/needed will
facilitate
Commission
Staff
visits
to key
nodes
in the air
traffic
control system.
Drafter:
M.
KaraCOMMISSION SENSITIVE
 
Thomas
H.
Kean
CHAIR
DOT DOCUMENT
REQUEST
No. 1
Lee
H. Hamilton
VICE
CHAIR
Richard
Ben-Veniste
MaxClelandFred
F. Fielding
Jamie S.
Gorelick
Slade
GortonJohn
Lehman
Timothy J. Roemer
James
R.
Thompson
Philip
D.
Zelikow
EXECUTIVE
DIRECTOR
The National Commission on Terrorist Attacks Upon the United States(the
"Commission")
requests thattheU.S. DepartmentofTransportation(the
"respondent")
provide the Commission with copies of the
following
documents
no
later than
May 14,
2003 (the "production
date"):
1.
FAA
plans
and
procedures concerning hijacked airliners
in
effect
on
9/11/01,
and current plans and procedures regarding the same.2. Protocols between
the FAA andNORAD
concerning hijacked
airliners
in
effect
on
9/11/01,
and current
protocols
regarding
the
same.3.Protocols between the FAA and law enforcement agencies, includingwithoutlimitationtheU.S. Secret Service,in
effect
on
9/11/01,
andcurrent protocols regarding the same.4. FAAorganizational charts, currentand in
effect
as of 9/11/01.
5.
All documents relating to the
FAA's
tracking of hijacked airliners on
9/11/01,
including without limitation communications with NORAD.6. FAAcommand center logsfor
9/11/01.
7.
After
action reviews or self-assessment reports concerning the FAA'shandling of the hijacked airliners on
9/11/01.
8.
All documents provided to the Joint Inquiry by the Department ofTransportation.
The
Commission requests that documents requested above
be
providedas soon as they are available, even though all requested documents maynot
be
provided
at the
same time, through means
of a
"rolling"production.If anyrequested documentsarewithheld
from
production, eventemporarily, based on an alleged claim of privilege or for any otherreason,
the
Commission requests that
the
respondent,
as
soon
as
possibleand in no event later than the production date,
identify
and describe eachsuch document or class of documents, as well as the alleged basis for notproducing
it,
with
sufficient
specificityto
allow
ameaningful
challengeto any such withholding.If the respondent does not have possession, custody or control of anyrequested documentsbut hasinformation about where such documents
Drafter:
M.
KaraCOMMISSION SENSITIVE
 
may be
located,
the
Commission requests that
the
respondent providesuch informationassoonaspossibleand in noevent later thantheproduction date.
If
the respondent has any questions or concerns about the interpretationor scopeofthese document requests,theCommission requests thatanysuch questions
or
concerns
be
raised with
the
Commission
as
soon
as
possible so that any such
issues
can be addressed and resolved prior to
the
production date.May 7, 2003 Daniel MarcusGeneral Counsel
Drafter:
M.
KaraCOMMISSION SENSITIVE
of 00

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