SD B1 Bremer Commission Fdr- Letters From Hastert-Frist-Daschle and MOU Re Bremer Commission719

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  • 8/14/2019 SD B1 Bremer Commission Fdr- Letters From Hastert-Frist-Daschle and MOU Re Bremer Commission719

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    (202)225-0600

    20515August 27 , 2003

    The_Hono/able George TenetDirectorCentral Intelligence AgencyWashington, DC 20505Dear M r. Tenet:The bipartisan National Commission on Terrorist Attacks Upon th e United States contacted myoffice requesting access to the papers and records of the National Commission on Terrorism,commonly known as the "Bremer Commission." In accordance with th e requirements of theJune 2000 Memorandum of Understanding (MOU) between th e Bremer Commission and youragency, access to the work of the Bremer C ommission is contingent on the agreement to do soamong th e Speaker of the House of Representatives, th e M ajority Leader of the Senate, and theMinority Leader of both th e House and the Senate. By this letter, I write to advise you of mysupport of the National Com mission's request to have access to the docum ents and papers of theBremer Com mission. Given the classified nature of many of the docum ents, I believe animportant safeguard is for the Commission to keep records of any documents that are copied sothat, at the end of the process, document accountability can be ensured.

    *

    Knowing the Comm ission's work to be important, I fully support the reque st for access. Thankyou for your attention to this matter. Please co ntact Marga ret Peterlin in my office if you havean y questions.

    Hastertpeaker of the Housecc : Thomas H. KeanChair, National Comm ission

    PRINTED ON RE CY CLE D PAPER

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    07/31/2003 13:39 FA! 202 228 2574 REP LEADER i]002

    I d n i t c dWASHINGTON, DC20510

    July 28,2003The Honorable George TenetDirectorCentral Intelligence AgencyWahmgton, DC 20505Dear Mr. Tenet:The bipartisan National Commission on Terrorist Attacks Upon the United States is seeking toaccess to the working papers andrecords of the National Commission on Terrorism, commonlyknown as the "Bremer Commission." As you may know, a June 2000 Memorandum ofUnderstanding (MOU) states the National Commission shall have access to the work of the BremerCommission if there is agreement to do so among the Speaker of the House of Representatives, theMajority Leader of the Senate, and the Minority Leaders of both the House and Senate.In keeping with this MOU, we are writing to express our support for providing the NationalCommission access to and use of all of the papers and records of the Bremer Commission.We are pleased to lend our total cooperation with the Commission's request. The NationalCommission's work to investigate the events that led up to the horrific attacks on September 11,2001 is vital, not only for the families of the victims but for all Americans.

    Thank you for your attention to this matter.With best wishes, I am

    Sincerely,

    Bill Frist, M.D.Senate Majority Leader

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    Mail : : Sent Items: access to the B remer comm ission records Page 1 of 1

    INBOX Compose Folders Options Search Problem? Help Addressbook Tasks Memos Calendar Logout Open Folder29.13MB / 476.84MB (6.11%)

    Sent Items: access to the Bremer commission M o v e i c o py [ T h i s m e s s a g e to |records (5 of 220)Delete I Reply I Reply to All I Forward I Redirect I Blacklist I Message Source I Resume I Save as I Back to Sent Items 'Print t

    Date: Wed, 25 Jun 200307:49:14-0400From: "" 4P

    To : "" ^Subject: access to the Bremer commission recordsAll:I have been trying to pry loose the records of the Bremer Commission since we

    faxed a letter to Hastert's staffer in mid May, requesting permission to seethem. We did this based on the representations of the CIA, where the recordsare stored, which told us that we merely needed to get permission from theSpeaker's office. X had been dealing with Margaret Peterlin on this issue, whohad continued to promise progress without actually making any.I received a call yesterday from Patrick Kelly, a staffer on the House

    intelligence committee. He told me that the release of the records is in factgoverned by an MOU on the subject (which he faxed to me)of which the CIA is aparty. The MOU states that the records can not be released (see para. 8)without the permission of the Speaker of the House, the majority leader of theSenate, and the minority leaders of both the House and the Senate. Theexistence of the MOU is apparently something our friends at CIA forgot tomention to us.We are therefore at the same place we were a month ago. It made sense for meto undertake this project a month ago before my team had been formed and beforeour investigative plans were set. Plus, it seemed like a narrow project.While I am happy to handle it, it would seem now that this project is betterleft to the front office to negotiate.JohnDelete I Reply I Reply to All I Forward I Redirect I Blacklist I Message Source I R e s u m e I Save ;as I Back to Sent ItemsPrint

    M o v e ICopyj js"I?

    http://kinesis.swishmail.com/webmail/imp/message.php?index=216 6/26/03

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    U.S. HOU SE OF REPRESENTATIVESPermanent Select Committee

    on IntelligenceH-405, U.S. CapitolWasKington, D.C. 20515-6415Office No: (202) 225-4121Pax No: (202) 225-1991

    DATE: 2- N U M B E R OF PAGES(including cover sttat)

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    COMMENTS:

    IF YOU DO NOT RECEIVE ALL PAGES. PLEASE C ONT AC T US AT: (202}225-4121 OR -7690

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    UN.24.2003 8:35AM ,OFFICE OF PUBLIC fiFF .NOno .383 f > .r . &. 3

    FOR OFFICIAL USE ONLY

    i. 1. The purpose of this Memorandum of understanding(MOU) between the Central Intelligence Agency (Agency orC I A ] and the Congressionally established National commissionon Terrorism (Commission) is to set forth the procedureschat the CIA agras to follow in preserving, storing,safeguarding/ and pro-riding access to records created a n r iowned by the Commission (and owned and controlled byCongress after termination of the. Commission) until suchrune as the records are sent to the National Archives andRecords Administration (National Archives or NASA) forstorage.It.

    3 - The National Commission on Terrorism was-established by Section 591 of the Foreign Operations, ExportFinancing, and Related Programs Appropriations Act/ 1999 ascontained in division A, section 101 (d) of the OmnibusConsolidated and Emergency Supplemental Appropriations Act,1 9 9 9 (.L. 105-277)}, The legislation called for theappointment of 10 commissioners, three selected by theMajority Leader of the Se&ata, three toy the speaker of theHouaa of Representatives, and two each by the MinorityLeaders of the Senate c ind Rouse of Representatives.3 . Congress gave the Commission six months to review

    the laws, regulations, directives, policies and practicesfor preventing and punishing International terrorismdirected against the United States, assess theireffectiveness, and recommend changes- The Commission wasrequired to submit to Congress a report containing itsfindings and the conclusions of the Commission, togetherwith any recommendations. The Commission's report wassubmitted to Congress on 5 June 2000 in unclassified form/with a classified letter addressed to a select group ofCongressional leaders. The Commission will terminate on 21June 2000.4. The Chairman, appointed by the Speaker of the Houseof Representatives, after consultation with the majorityleader of the Senate and the minority leaders of tha Houseof Representatives and the Senate, waa empowered to appointan Executive Director and otner nteessary personnel, as wellas to procure temporary and intermittent services and to

    FOR OFFICIAL USE ONLY

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    JUN.24.2003 8:36RMi OFFICE OF PUBLIC flFF N?,-?83 -4NO.104 P. 3" FOR OFFICIAL USE ONLY

    accept detailaas from any federal government agency on anon-reimbursable basis.5. Administrative support services Cor the NationalCommission on Terrorism were provided by tha CentralIntelligence Agency (CIAJ , The Commission reimbursed CIAfor actual costs incurred in providing this support, toinclude salary, benefits, travel, communication*/ supply,and independent contractor expenses. In addition, and aaauthorized in the Commitsion's legislation, CIA detailedemployee* to the Commission without reimbursement to assistthe Commission in carrying out its duties.6. All staff members were cleared to the Top SecretC S S ) Iwvel and given access to sensitive ConpartmentedInformation (SCI). The Commission was empowered to securedirectly from any federal department or agency suchinformation, including classified information, as itconsidered necessary to carry out ite statutory duties, andthe Commission, was required to take appropriate actions tosafeguard any classified information so furnished. Amongthe Commission'6 records is information classified up to theTS/SCI level that was provided, and la still owned, byIntelligence Community and other Executive branch agencies.7. The Commission considered several alternatives forthe disposition of its records upon conclusion of itsactivities. Often, a commission's records are sent to NARAwhen the commission's work is complete. Because Congressfrequently stores its records at NAFA on a courtesy basis,the Commission might have elected to send its recordsimmediately to NASA. However, inasmuch as additionalCongressional briefings, follow-on inquiries, and manyrequests for official and public access are likely tocontinue even after the statutory termination of thaCommission on 21 June 2000, and inasmuch as the IntelligenceCommunity and othar Executive branch agencies that providedtne Commission with underlying documents and information maycontinue to need such documents and information, theCommission' concluded- that its records should not be sent toNASA directly. The Commission selected the option ofstoring its records in a suitably secure alternativelocation until such time as Congress deems it appropriate tosend the records to NASA. One such location is the CIA'sAgency Archives and Records Center (AARC), where the CIA andother agencies safeguard and store classified records ofpermanent historical value in accordance with fvdaral law,KARA standards, and interag-eney agreements, and where accessto classified information for purposes of review prior toofficial or public access is easier. Therefore, theCommission concluded that its records would be stored moreconveniently at this CIA facility for a period of at leastfour years following the date of 21 June 2000.

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    JUN.24.20039 8:37flltt OFFICE: OF PUBLIC flFF NO.383NO. 134 P. 5P.4

    FOR OFFICIAL USE ONLY

    III.8. aadInasmuch ac the Coraaiflsion was established by Congress forthe purpose of producing and submitting- co the Congress areport on the CowBdssion'e findings, conclusions > and

    recommendations, the parties agree chat the Commissionshould be considered a Congressional commission for allpurposes relating to the present HOU- The partiespecifically acknowledge and agree that the Commission'srecords .will be owned and controlled by the Congress afterthe Commission terminates, except that underlyinginformation provided to the Commission by variousIntelligence Community and other Executive branch agencieswhich is classified, statutorily protected, or parked assensitive law enforcement information will continue to becontrolled by the agencies that provided it. The partiestherefore agree that, evan after the records are sent toMARA, all future requests for public access Co recordscontaining such information will be forwarded for processingto the Intelligence Community or Executive branch agencythat controls the information being ree-uestad. All otherdecisions regarding future official and public access to theCommission 'a .records, ether than access by Commissioners orthe Executive Director in accordance with paragraph 12 ofthis MOU, and lending the record* to NASA ehall beconsistent: with existing arrangements between the Executivebranch and Congress for the protection of like records andmade after consultation with the Speaker of the House ofRepresentatives, the majority leader o the Senate, and theminority leaders of the House and Senate, or theirdesignees. The CIA agrees to act as custodian of theCommission's records, and to maintain physical possession ofthe records in an SCl-approvad facility in accordance withfederal law and NASA standards, for the limited purposes ofstoring and handling then on behalf of the Commission and ofCongress, in accordance with the terns of the present M O T J .

    9 . Pgeg*^***t3em of Cowaissicai Racordg. The CIA willpreserve the CoBBctlssibn' s recordsin accordance with threquirements of federal law,10. ***"|>i.S8j-OH The CIA will storethe Commission's records in the SCl-approved AARC.records will remain at the AARC until the Congress, talcinginto consideration Section II of this icon and inconsultation with the CIA and other Intelligence Communityand Executive branch agencies that provided information tothe Commission, requests that they be sent to NASA. For thepurposes of maXing this determination, the Congress isdefined as the Speaker of the House of Representatives, themajority leader of the Senate, and the minority leaders ofthe .House and Senate, or their dssigziees.

    3: FOR OFFICIAL USE ONLY

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    JUN.24.2003 8:37P)TM OFFICE OF PUBLIC OFF "ISlS p'TFOR OFFICIAL US3 ON1V

    11. M m n J i t f ^ f i i T T cgrBiiH*im 1V P a o g f l" The CIA w inensure at all times that the conrcds*ion's records aresafeguarded in a manner appropriate to the sensitivity othe information contained therein.12- KamiMCa for Otfiaia^CIA will ensure that any individuals makingauthorized official access requests in accordance with thisparagraph for Commission records that contain IntelligenceCommunity or Executive branch information which isclassified, statutorily protected, or marked as sensitivelaw enforcement information that have appropriate securityclearances are given full access to the records underappropriately secure conditions. Any request for accessmade by a Commissioner or the Executive Director of theCommission shall be considered an authorized officialrequest for purposes of this paragraph. Any access requestmade by a Commissioner or the Executive Director of theCommission for Commission records that do not containIntelligence Community or Executive branch information whichis classified/ statutorily protected, or marked as sensitivelaw enforcement information shall be granted by the CIAwithout a security clearance being required. All otherrequests for official access to any Commission records musebe authorized in writing in advance by the Speaker of thsHouse, the majority leader of the Senata, the minorityleader of the House, the minority leader of the Senate, orany U.S.Government official(s) designated by the foregoingCongressional leaders. To ensure that access is provided inaccordance with the terms of the official authorisation, andthe present MOO, a copy of such written tasking or writtenauthorization will be provided to the Chief of the Recordsand Classification Management Group within the CIA's Officeof Information Management (C/OIM/RCMG), who will respond ina timely and expeditious manner to requests for authorizedofficial access to the records after verifying therequester's clearances (if access' to Commission records thatcontain Intelligence Community or Executive branchinformation which is classified, statutorily protected, or'marked as sensitive law enforcement information isrequested). If necessary, C/03K/RCMG will provide securetransport of the records to and from non-Agency facilitiesdesignated by authorised official requesters, i t is agreedthat CIA records management personnel responsible forpreserving, storing and safeguarding the Commission'!records shall have whatever access they need to Commissionrecords in order to perform these functions.

    Records.. The CIA notes that Congressional records are notsubject to the terms of the FOIA/ the Privacy Act, or themandatory dealasaification review provisions of Executive4

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    r . JUN.24.2003? 8:3Gfft1 OFFICE OF PUBLIC flFF N O. 104 p'.e* " x

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    Order 12958 and agrees to handle request* for accese to th,erecords accordingly. Final 'decisions on public accaas willbe made only in consultation with the Congress, in thisregard, the CIA will review, coordinate with all interestedparties, and respond appropriately to requests for publicaccess to the records pursuit to the Freedom of informationAct (FOIA), Privacy Act, Executive order 12958, or otherlegal authority providing for public access to governmentrecords.

    14 . f f S & d & i t t ffflBtjiSJ^-P^ ff'Mfft1* *- mmx. The CIAagrees to work with the Congress and MARA to send therecords to MARA as appropriate after they become inactive.Tha parties agree that sending the records to MARA will beaccomplished by means of a detailed protocol setting forth,inter alia, the requirement that no Commission record* thatcontain Intelligence Community or Executive branchinformation which is classified, statutorily protected/ ormarked as sensitive law enforcement information will bedeclassified and/or released publicly by the Commission, theCongress, NASA, or any individual or agency except aa setforth in paragraph 8 of this MOU. Such detailed protocolshall also set forth the requirement that, as Congressionalrecords, the Commission's records shall retain theirexclusion from the provisions of the FOIA, the Privacy Act,and the mandatory declaseification review provisions ofExecutive order 1295S after being aent to NASA- That CIAinformation, including such CIA document* ae nay beattached, is sent to NASA &s part of the Commission'*records does not mean that the underlying CIA informationand CIA documents are themselves transferred to NARA intheir own right.

    _. SpauldiA? > DateSxecut'ive DirectorNational Cononiasion on TerrorismLanie D'Aleasandro DateUActing DirectorOffica of Information ManagementCentral Intelligen.ee Agency

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