May 19, 20C& Memorandum For The Record Subject: Data Call Interpretation Meeting at Department of Transportation (DoT

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Date and Location of Meeting: May 19, 2002710 a. m., Office of DoT General Counsel Attendees: Commission Staff Dana Hyde Miles Kara DoT Lindy Knapp, DoT Deputy General Counsel Lynne Osmus, FAA Paula Tedrin, FAA Joe 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 with crisis management. TSA also held the files turned over to the Joint Inquiry. Specifically, TSA held the plans and procedure files responsive to item 1, the FAA/FBI agreement responsive to item 3, and the FAA command center logs responsive to item 6. Commission Staff and DoT personnel agreed that, apart from the FAA/FBI agreement, item 3 pertained primarily to the Secret Service, with Department of Energy a possibility. 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. Kara COMMISSION SENSITIVE

Thomas H. Kean
CHAIR

DOT DOCUMENT REQUEST No. 1

Lee H. Hamilton
VICE C H A I R

Richard Ben-Veniste Max Cleland Fred F. Fielding Jamie S. Gorelick Slade Gorton John Lehman Timothy J. Roemer James R. Thompson

The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the U.S. Department of Transportation (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 and NORAD concerning hijacked airliners in effect on 9/11/01, and current protocols regarding the same. 3. Protocols between the FAA and law enforcement agencies, including without limitation the U.S. Secret Service, in effect on 9/11/01, and current protocols regarding the same. 4. FAA organizational charts, current and 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. FAA command center logs for 9/11/01. 7. After action reviews or self-assessment reports concerning the FAA's handling of the hijacked airliners on 9/11/01. 8. All documents provided to the Joint Inquiry by the Department of Transportation. The Commission requests that documents requested above be provided as soon as they are available, even though all requested documents may not be provided at the same time, through means of a "rolling" production. If any requested documents are withheld from production, even temporarily, based on an alleged claim of privilege or for any other reason, the Commission requests that the respondent, as soon as possible and in no event later than the production date, identify and describe each such document or class of documents, as well as the alleged basis for not producing it, with sufficient specificity to allow a meaningful challenge to any such withholding. If the respondent does not have possession, custody or control of any requested documents but has information about where such documents

Philip D. Zelikow
EXECUTIVE DIRECTOR

Drafter: M. Kara COMMISSION SENSITIVE

may be located, the Commission requests that the respondent provide such information as soon as possible and in no event later than the production date. If the respondent has any questions or concerns about the interpretation or scope of these document requests, the Commission requests that any such 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 Marcus General Counsel

Drafter: M. Kara COMMISSION SENSITIVE

9/11 Closed by Statute

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FAA Document Request meeting on May 19, 1000 hrs Clarifications: 1. 2. 3. 4. 5. We will take those in effect, first. Same We will take Secret Service first, those in effect Org charts, not at issue We should clarify, as follows: [Note to them: we want the facts of the day as memorialized on that day] a. Logs, transcripts and tapes from the ATC towers and centers, including Herndon, who were involved with the handling of all four hijacked airplanes b. Tape or transcript of the open line established at 0924, according to FAA's official chronology c. Tape, transcript, log, or any other account of FAA's participation in the air threat conference call prior to 0900 on 9/11 d. Radar files, screen prints, or other accounting of the flights of the four hijacked aircraft as recorded/maintained by FAA e. Any other documents that capture events from 0800-1100 as FAA handled them that day. 6. We should clarify as we did with DoD. The log of the Senior Duty Officer for the 24-hour period beginning with the morning shift change, and those of any subordinate desks that participated in the hijacking events that day. They may have to give us a tutorial on their watch center, but that's OK. 7. Straight forward request