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U.S.

ansportaton
JAN 1 5 2004 Security
Administration

Mr. Daniel Marcus


General Counsel
National Commission on Terrorist Attacks
Upon the United States
301 7th Street SW, Room 5125
Washington, DC 20407

Dear Dan:

Under cover of this letter, the Transportation Security Administration (TSA) is


releasing to the National Commission on Terrorist Attacks Upon the United States
(Commission) documents containing Sensitive Security Information (SSI) relating to
TSA's Computer Assisted Passenger Prescreening System (CAPPS). These documents
are responsive to certain items requested in TSA Document Request No. 3.

CAPPS is a security measure currently in operation and is integral to the safety and
security of passenger air transportation. Public disclosure of the details of the screening
selection factors of CAPPS and corresponding weights of those factors would
significantly compromise the security of the traveling public. Unlike other SSI that must
be shared relatively widely among individuals in the aviation industry in order to carry
out their security obligations, information related to the factors and weights of CAPPS is
among the most closely held SSI. TSA has limited access to this information to only a
handful of specially briefed TSA employees and airline employees who have a
predetermined need to know about specific factors and weights.

TSA has worked closely with staff of the Commission to identify specific documents
related to CAPPS that would be helpful in the Commission's fulfillment of its mandate.
After reviewing copies of CAPPS documents responsive to the Commission's request,
the Commission staff identified a subset of the responsive documents, of which they
would like copies. Accordingly, enclosed with this letter are copies of those documents.

www.tsa.gov
We appreciate the efforts of the Commission's staff in helping TSA safeguard the
information in these documents, which we as an agency believe is among the most
sensitive and the protection of which is vital to the fulfillment of TSA's responsibility for
aviation security.

Sincerely yours,

itephen J. McHale
Deputy Administrator

Enclosures
Thomas H Kean TSA BRIEFING REQUEST No. 2
CHAIR

Lee H. Hamilton
VICE CHAIR The National Commission on Terrorist Attacks Upon the United States (the
"Commission") requests that the Transportation Security Administration (TSA
Richard Ben- Veniste
or the "respondent") conduct an aviation security briefing, including a
MaxQeland presentation replicating the pre-boarding aviation security procedures applied
Fred F. Fielding
to the hijackers on September 11, 2001. We request that the simulation be
conducted no later than October 15, 2001 and include the following:
Jamie S. Gorelick

Skde Gorton
1. TSA should take all reasonable steps to ensure that the re-creation of the
pre-boarding aviation security procedures in place on September 11, 2001
John Lehman is as accurate as possible. Where there were differences of procedures or
Timothy J. Roemer equipment used among the three departure airports, the Commission
requests that TSA consult with Commission staff on how to account for
James R. Thompson those differences in the simulation.

Philip D. Zelikow 2. Using the Computer Assisted Passenger Pre-Screening (CAPPS) computer
EXECUTIVE DIRECTOR
program utilized to pre-screen the passengers on each of the four hijacked
flights, TSA should input the tickjtjgseoiatiea-datarof each hijacker to
~ (letermine the status assigned by CAPPS to each of the individuals.

3. TSA should re-create the flight check-in procedures applied to the


hijackers, including the presentation of passenger identification by the
hijackers to airline counter personnel and the cross-referencing of the PNR
to the applicable flight restriction notices (including the "no fly list") as of
September 11,2001.

4. TSA should make available the identical make and model of checkpoint
security equipment, including magnetometers, x-ray machines,'and metal
detection hand wands, that was used to screen the hijackers on September
11, 2001. TSA should ensure that the devices used for the simulation are
calibrated to precisely the same sensitivity as the equipment used to screen
the passengers on September 11, 2001. During the simulation, the
equipment will be tested using the items the FBI believes the hijackers may
have had on their person or in their carry-on luggage.

The requested briefing is for general background purposes only and will not be
a substitute for later interviews the Commission and its staff may wish to
conduct.

September 3, 2003 Daniel Marcus


General Counsel

TEL (202) 331-4060


FAX (202) 296-5545
www.9-1 lcommission.gov
TSA DOCUMENT REQUEST No. 2
INDEX
7/28/03

ITEM 1. All FAA plans, procedures, protocols, or other guidelines related to hijacked
airliners in effect on 9/11/01, and current plans and procedures regarding the
same. This request includes, but is not limited to, all relevant training materials
for pilots and crew, air traffic controllers, airport personnel, airline personnel,
and FAA personnel.

Binder l(a):

FAA ACS Crisis Management Standard Operating Procedures in effect on September 11,
2001: Table of contents and responsive excerpts

FAA ACS Civil Aviation Security Planning and Crisis Management Manual: table of
contents and responsive excerpts

DOT Order 1900. IF, FAA Emergency Operations Plan, issued September 2, 1998, and in
effect on September 11, 2001: table of contents and responsive excerpts

Civil Aviation Security Reference Handbook, May 1999

Air Carrier Standard Security Program (ACSSP), responsive excerpts in effect on


September 11, 2001*: ACSSP Table of Contents* (highlighted pages with
references to Crewmember Training); ACSSP Section Xm.J*; and ACSSP
Appendix

American Airlines (AALA) ACSSP Amendment AALA-01-28* (on Crewmember


Training, Cockpit Crew Only)

Common Strategy, FAA Training Video, dated January 4, 1999

FAA Office of Civil Aviation Security Policy and Planning (ACP) Policy Memorandum
ACP- 100-90-0 10, dated May 2, 1990, titled "ACTION: PSI [Principal Security
Investigator] Involvement in Security Training Programs"

' Previously provided in response to TSA Document Request No. 1; provided again here for convenience

SENSITIVE SECURITY INFORMATION/FOR OFFICIAL USE ONLY


Warning: this document contains sensitive security information that is controlled under the provisions of
49 CFR Part 1520. No part of this document may be released without the written permission of the
Administrator of Transportation for Security, Washington, DC 20590. Unauthorized release may result in
civil penalty or other action. For U.S. Government agencies, public availability to be determined under 5
U.S.C. 552.
Page 1 of 2
FAA Director of Civil Aviation Security Operations (ACO-1) Memorandum, dated
August 14,2001, titled "ACTION: Emergency Notification Guidance"

FAA Director of Civil Aviation Security Operations (ACO-1) Memorandum, dated


August 28,2001, titled "ACTION: AGO Duty Officer Emergency Notification
Guidance"

Binder 1(¥):

TSA Aviation Operations (AVO) Directive 1900-1, Subject: Aviation Crisis


Management Standard Operating Procedure, issued October 4, 2002, and in effect
currently

TSA Aviation Crisis Management Standard Operating Procedure, in effect currently:


Table of Contents and responsive excerpts

Aircraft Operator Standard Security Program (AOSSP), responsive excerpts currently in


effect: AOSSP Table of Contents (highlighted pages with references to
Crewmember Training); AOSSP Section XDIJ; and AOSSP Appendix XIH

TSA Private Charter Standard Security Program (PCSSP), responsive excerpts currently
in effect: Table of contents (pages with references to crewmember training) and
Chapter 8, Security Coordination Functions Training Requirements

Common Strategy & Related Matters, training presentation on current Common Strategy
(Common Strategy ET), presented in June of 2002 to TSA Federal Security
Directors (FSDs)

Crew Training Common Strategy, Detailed Guidance, FAA document on Common


Strategy n, issued January 18,2002

Memorandum of Understanding (MOU) between the Federal Aviation Administration


and TSA, dated February 28, 2003: MOA and responsive Annex (Annex IV -
Crisis Management)

Interagency Homeland Air Security (MAS) Summary Report, responsive excerpts:


Background document; FAA HAS [Homeland Air Security] CONOPS [Concept
of Operations] Summary; and TSA Draft CONOPS

Note: the current FAA Crisis Management Handbook was previously provided to the
Commission by the FAA
SENSITIVE SECURITY INFORMATION/FOR OFFICIAL USE ONLY
Warning: this document contains sensitive security information that is controlled under the provisions of
49 CFR Part 1520. No part of this document may be released without the written permission of the
Administrator of Transportation for Security, Washington, DC 20590. Unauthorized release may result in
civil penalty or other action. For U.S. Government agencies, public availability to be determined under 5
U.S.C. 552.
Page 2 of 2
,,.. _ . . Office of the Deputy Administrator 800 Independence Ave., S.W.
US Department w«hinnmn no 20591
of Transportation
Federal Aviation
Administration

JUL 16 2GC3

Ms. Dana Hyde / I


National Commission on Terrorist Attacks Upon the f~T&MC/<——
United States
301 7th Street, SW
Room 5125
Washington, DC 20407
/ ~\A*T
Dear Ms. Hyde: I)**

Enclosed please find the Federal Aviation Administration's (FAA) first submission that
responds to DOT Document Request No.2. This documentation fully responds to
items 1, 2, 5(d), and 13. This response also includes FAA's full response to items
4(a) and 21. As indicated to Daniel Marcus in a July 9 memorandum from Lindy Knapp
(DOT Deputy Chief Counsel), the majority of the response to item #4 is now the
responsibility of the Transportation Security Administration.

We will provide additional documentation as soon as possible. If you have questions,


please contact me at 202-267-8 111.

Sincerely,

Shirley S. Miller
Senior Advisor

cc: Mr. Matthew Zabel, Department of Justice


Ms. Rosalind A. Knapp, Department of Transportation
JUL. 9.2003 4:24PM DOT/OST/GEN COUNSEL " l NO.795 . P. 2/2

GENERAL COUNSEL 400 Seventh sr.. s.w.


Washincrton, D.C. 20590

Office of The Secretary


ofltqnsponatton .

July 9, 2003

Daniel Marcus
General Counsel It * ^
National Commission on Terrorist Attacks \^YY*~ ----
Upon the United States (j
301 7* Street SW, Room 5 125
Washington, DC 20407

Dear Dan:

This is in response to your July 2 letter transmitting the Commission's Document


Request No. 2 for the Department of Transportation. We will submit the documentation
in a "rolling" fashion as requested. However, there are documents in this request that are
now the responsibility of the Transportation Security Administration. We believe that
TS A is the appropriate contact for the following information:
Item #4 (b) and (c).
Item #5 (a) (b) and part of (f): (FAA will submit their part of (f))
Item #7 (a) (b) and part of (f): (FAA will submit their part of (f))
Item #8
Item #9
Item #10
Item #11
Item #14 (FAA will submit their part of this)'
Item #16 (FAA will submit their part of this)
Item #17
Item #18

For #5(e), We need clarification in terms of specific aircraft you are interested in to
determine who may have this information, There were over 4,000 aircraft that landed
safely on 9/1 1 when the aviation system was shut down.

We will provide responses to those requests we are responsible for as soon as possible.

Sincerely,

Rosalind A.
Deputy General Counsel
X
e
US Department of
Transportation
GENERAL COUNSEL 400 seventh St.. s.w.
Washington, D.C. 20590

Office of the Secretary


of Transportation June 4, 2003

Mr. Daniel Marcus


General Counsel
National Commission on Terrorist Attacks
Upon the United States
301 Seventh Street, SW
Washington, DC 20407

Dear Mr. Marcus:

On May 5, 2003, the Department of Transportation received a request from the


National Commission on Terrorist Attacks Upon the United States for documents related
totfie Commission's investigation, of the terrorist attacks of September 11, 2001. DOT is
in the process of making these documents available to the Commission, in accordance
with the requirements of Title VI of the Intelligence Authorization Act for Fiscal Year
2003, P.L. 107-306.

Under section 605(c)(2) of the Act, documents provided to the Commission are to
be "received, handled, stored, and disseminated by members of the Commission and its
staff consistent with all applicable statutes, regulations, and Executive orders." A
number of documents that the Federal Aviation Administration (FAA) is providing to the
Commission contain information that has been designated by the Transportation Security
AdministratiorHTSA) as sensitive security information (SSI).

By statute and implementing regulations, all information designated by the TSA


as SSI must not be disclosed to the public, notwithstanding the Freedom of Information
Act or other laws. See 49 U.S.C. § 114(s); 49 C.F.R. part 1520. The need to protect SSI
stems primarily from the extent to which this information, if compromised, would reveal
a systemic vulnerability of the transportation system or a vulnerability of transportation
facilities that would make it more likely for terrorists to succeed in their attacks and,
therefore, make such attacks more difficult to prevent.

SSI includes intelligence information, specific threats, and countermeasures that,


if released to the public, could be used to thwart security measures that are in place at
airports, are being carried out by aircraft operators, and that are or would, in appropriate
circumstances, be implemented by the Government. Given the risk to national security
and to the traveling public posed by any unauthorized disclosure of SSI, the TSA has
created and enforces strict controls on access to SSI.

A number of the documents that the FAA is providing to the Commission contain
SSI and have been marked accordingly. As explained above, dissemination of SSI
beyond the Commission would be detrimental to the security of the Nation's
transportation system and to the safety of passengers in transportation. Therefore, the
Department requests that each member of the Commission and the Commission staff who
will have access to SSI complete the enclosed nondisclosure agreement and return it to
the Department.

If you need further information or assistance, please call Ms. Shirley Miller,
Senior Advisor to the FAA's Deputy Administrator at (202) 267-8111.

Sincerely,

Kirk K. Van Tine


General Counsel

Enclosure
SENSITIVE SECURITY INFORMATION

NONDISCLOSURE AGREEMENT

I understand that the documents provided by the Department of Transportation,


Federal Aviation Administration to the National Commission on Terrorist Attacks Upon
the United States, pursuant to Title VI of the Intelligence Authorization Act for Fiscal
Year 2003, P.L. 107-306, contain information identified by the Transportation Security
Administration (TSA) as sensitive security information (SSI) governed by 49 CFR part
.1520.

I understand that I am being granted access to these documents only in my


capacity as a member of the Commission or as a member of the Commission staff, and I
further understand that I must protect the information therein from unauthorized
disclosure.

Accordingly, I agree not to discuss documents identified as SSI, or their contents,


with anyone other than members of the Commission and members of the Commission
staff, who have signed this agreement, and I agree not to disclose such documents, or
their contents, to anyone other than members of the Commission and members of the
Commission staff, who have signed this agreement.

Signature

Printed Name

Date

PLEASE RETURN SIGNED FORM TO:


U.S. Department of Transportation
Federal Aviation Administration
Shirley Miller
Fax: (202) 267-5738
Phone:(202)267-8111
June 4, 2003

Thomas H. Kean MEMORANDUM


CHAIR

Lee H. Hamilton
VICE CHAIR To: Commissioners
Richard Ben-Veniste
From: Steve Dunne
Max Cleland

Fred F. Fielding
Subj: FAA Document Production
Jamie S. Gorelick

Slade Gorton On May 7, 2003, the staff sent its first document request to the Department of
Transportation asking for FAA documents relating to the September 11 hijackings.
John Lehman
One portion of this request asked for "[a]ll documents relating to FAA's tracking of
Timothy J. Roemer hijacked airliners on 9/11/01, including without limitation communications with
NORAD." When we transmitted this document request, we made clear that these
James R. Thompson
documents directly related to the Commission hearings on May 22-23, and we asked
DoT as well as Adam Ciongoli at DOJ to make every effort to produce the requested
Philip D. Zelikow
EXECUTIVE DIRECTOR documents before that hearing.

The day before the hearings, our point of contact at DoT, Deputy General
Counsel Lindy Knapp, reported that DoT had gathered some of the relevant
documents but had not been given approval by DOJ to produce the documents. As we
investigated further, we discovered from conversations with DoT and DOJ that
litigators at DOJ on the Moussaoui team had held up the production because they were
concerned about the disclosure of voice recordings of individuals in the cockpits of the
hijacked planes. Such recordings are apparently the subject of a non-disclosure order
in the Moussaoui case. When Adam Ciongoli found out that this was the situation on
the afternoon of May 23, he immediately agreed with us that the entire production
should not have been held up if the concerns only pertained to certain voice
recordings. He apologized, attributing the incident to "growing pains;" Lindy Knapp
also apologized for not being able to produce the documents before the hearing. We
made clear to both of them that the Commissioners were extremely unhappy that no
FAA documents were produced before the hearing, and that Jane Garvey's testimony
in particular would have been much more productive if the documents had been
produced.

On May 28, DoT produced logs, radar data, chronologies, and some of the
other documents we requested. Today, DoT completed its production of all the
documents it has in response to the first document request, including voice recordings
of conversations between the hijacked planes and FAA air traffic controllers.

TEL (202) 331-4060


PAX (202) 296-5545
www.9-11 commission.gov
MAY. 16. 2003 1 : 2 1 P M ISA, OFC OF COUNSEL NO. 975

\<U^

Transportation Security Administration


Office of Chief Counsel
701 South 12th Street (West Tower)
Arlington, VA 22202
Fax: (571)227-1379

Recipient's Name:

Recipient's Fax #:

Sender's Name:
Sender's #: -2.72.V
Sender's Fax #:

Number of pages to follow:

Comments:
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7£ur
16, 2003 1.-21PM TSA,OFC OF COUNSEL NO. 975 P. 2

United States Department of Transportation 400 Seventh Street, sw.


TRANSPORTATION SECURITY ADMINISTRATION Washington D.C. 2.0590

MAY | 6 2003

The Honorable Thomas H. Kean


Chairman
National Commission on Terrorist Attacks
Upon the United States
301 7th Street, S.W.
Washington, DC 20407

Dear Mr. Chairman:

On May 5, 2003, the Transportation Security Administration (TSA) received a request


from the National Commission on Terrorist Attacks Upon the United States
(Commission) for certain documents related to the Commission's investigation of the
terrorist attacks of September 11, 2001. TSA is in the process of making these
documents available to the Commission, in accordance with the requirements of Title VI
of the Intelligence Authorization Act for Fiscal Year 2003, P.L. 107-306 (the Act).

Under section 605(c)(2) of the Act, documents provided to the Commission are to be
"received, handled, stored, and disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and Executive orders." A large
proportion of the responsive documents that TSA is providing to the Commission are
Sensitive Security Information (SSI).

By statute and implementing regulations, all information designated by TSA as SSI


must not be disclosed to the public, notwithstanding the Freedom of Information Act or
other laws. See 49 U.S.C. § 114(s); 49 C.F.R. Part 1520. The need to protect SSI stems
primarily from the extent to which this information, if compromised, would reveal a
systemic vulnerability of the transportation system or a vulnerability of transportation
facilities that would make it more likely for terrorists to succeed in their attacks and,
therefore, make such attacks more difficult to prevent.

TSA distributes SSI to certain non-governmental persons and entities with a need for
access to SSI in order to implement security mandates. This information includes
intelligence information, specific threats, and required counter-measures that, if released
to the public, could be used to thwart security measures that are in place at airports or
being carried out by aircraft operators. Given the risk to national security and to the
traveling public posed by any unauthorized disclosure of SSI, TSA has created and
enforces strict controls on access to SSI.
16. 2 0 0 3 1:21PM T S A , O F C OF C O U N S E L NO, 975 P. 3

A large proportion of the documents that TSA is providing to the Commission contain
SSI and have been marked accordingly. As explained above, dissemination of SSI
beyond the Commission would be detrimental to the security of the Nation's
transportation system and to the safety of passengers in transportation. Therefore, TSA
requests that each member of the Commission and Commission staff who will have
access to SSI complete the enclosed non-disclosure agreement and return it to TSA.

If you need further information or assistance, please call Mr.. Brandon B. Straus,
Assistant Chief Counsel (Regulations) at (571) 227-2724.

Sincerely yours,

(ADM
A^minirator

Enclosure
MAY.16.2003 1:21PM ISA, OFC OF COUNSEL NO. 975 P. 4

SENSITIVE SECURITY INFORMATION

NONDISCLOSURE AGREEMENT

I understand that documents provided by the Transportation Security


Administration (TSA) to the National Commission on Terrorist Attacks Upon the United
States (Commission), pursuant to Title VI of the Intelligence Authorization Act for Fiscal
Year 2003, P.L. 107-306, contain sensitive security information (SSI) governed by 49
CFR Part 1520.

I understand that I am being granted access to these documents only in my


capacity as a member of the Commission or as a member of the Commission staff, and I
further understand that I must protect such documents and the information therein from
unauthorized disclosure.

Accordingly I agree not to discuss documents identified by TSA as SSI, or their


contents, with anyone other than members of the Commission and members of the
Commission staff, and I agree not to disclose such documents, or their contents, to
anyone other than members of the Commission and members of the Commission staff.

Signature

Printed Name

Date

PLEASE RJETURN SIGNED FORM TO:


Transportation Security Administration
Brandon B. Straus
Fax: 571-227-1379
Phone: 571-227-2724