JUN-10-2004 16=06 PflNYNJ 2124353584 P.

02

JAMES M BEGLEV
DEPUTY GENERAL COUNSEL

2S5 PARK AVfNUE SOUTH

I3TH FLOOR
NEW YORK, NY 10003

(212) 435-3502
October 29, 2003 FAX (212) 435-3584

Mr. Sam Brinkley

Professional Staff Member
National Commission on Terrorist Attacks Upon
the United States
301 Seventh St. SW, Room 5125
Washington, DC 20407

Re: Port Authority Document Request Number 2

Dear Mr. Brinkley:

Yesterday, I received your fax of the signed Sensitive Security Information-Non

Disclosure Agreements required by the TSA for four members of your staff.
Accordingly, I am transmitting the Port Authority's first production of documents in
response to your offices' above referenced Document Request. In that regard, I enclose
my letter of October 23, 2003 to Daniel Marcus Esq., the National Commission's General
Counsel, in which I set forth the Port Authority's response to the request and indicate the
documents that are being produced in Appendixes A and B thereto. In addition, I am also
enclosing the Newark Airport - Airside log for September 1 1, 2001 and three floor plan
drawings for the arrivals, departure and ground levels respectively of Terminal A. Also
enclosed is a drawing for Satellite Al of the Terminal. Karl Lunan will follow-up on
gathering the materials, which you indicated that you would like copies of at the
interview of Sue Baer on October 24th. Of course he will also continue the effort to
identify whether we have any further materials that are responsive to the above
referenced document request,

Very truly yours,

M. Beg
Deputy General Counsel
212-435-3502
JUN-10-2004 16:06 PfiNYNJ 2124353584 P. 03

JAMES M. BEGLEy
DEPUTY GENERAL COUNSEL

225 PARK AVENUE SOUTH

i3TH FLOOR
NEW VORK, NIX 10003

(212)435-3502
FAX (213) 435-3584

October 23, 2003

Daniel Marcus, Esq.

General Counsel
National Commission on Terrorist Attacks Upon the United States
26 Federal Plaza - 13th Floor
New York, NY 10278

Re: Port Authority Document Request No. 2; Port Authority Interview

Request No. 1; Port Authority Briefing Request No. 1

Dear Mr. Marcus:

Thank you for your letter today in follow-up with our discussion on October 21st.
As the TSA has now given us permission to provide Sensitive Security Information to the
Commission's staff under a Non-Disclosure Agreement, we will make the material,
which we have gathered under Document Request Number 2., available to Mr. Brinkley
tomorrow when he interviews the Airport's General Manager and does his walk-through
of Terminal A, I attach as Index A the SSI materials, which the TSA has agreed may be
provided. Index B is a List of materials provide by Port Authority Newark Airport Police
Command. Index C lists material that we consider privileged, which we interpret as
being covered by the Document Request. As I advised we are discussing with TSA
providing our proprietary, privileged information to TSA, such as that listed in Index C
for various non-aviation facilities under an MOU, which is sdll in draft. As I advised, we
will be meeting with TSA's Newark and JFKIA counsel next Friday to discuss providing
this type of proprietary and privileged aviation security information to it under an MOU.
The information will almost surely be considered SSI by TSA. Based on your letter we
will share that information with Mr. Brinkley orally, if it is in fact information he is
seeking.

Thank you for your courtesies and consideration in this matter.

Very truly yours,

Deputy General Counsel

212-435-3502
JUN-10-2004 16:06 PflNYNJ 2124353584 P. 04

INDEX A

Document Request Number 2:

Document: Civil Aviation Security - Information Circular

Subject: Man-Portable Air Defense System (MANPADS) Threat to Civil Aviation
Number: IC-2001-10
Date: July 12,2001

Document: Civil Aviation Security - Information Circular

Subject: Possible Terrorist Threat Against American Citizens
Number IC-2001-09
Date: July 2, 2001

Document: Civil Aviation Security - Information Circular

Subject: Violence Increases in Israel
Number: IC-2001-07
Date: June 4, 2001

Document: Civil Aviation Security - Information Circular

Subj ect: Ressam's Plot Against Los Angeles International Airport
Number IC-2001-IC-06
Date: June 4,2001

Document: Civil Aviation Security

Subject: Additional Security Procedures
Number: EA107-00-01C
Date: January 24,2001

Document: Civil Aviation Security - Information Circular

Subject: Bombs Explode in Metro-Manila
Number: IC-2001-02
Date: January 9,2001

Document: Civil Aviation Security - Information Circular

Subject: Middle Eastern Threats to Civil Aviation
Number: IC-2001-01
Date: January 4, 2001

Document: Civil Aviation Security - Information Circular

Subject: Middle Eastern Group May be Planning to Bomb Aircraft
Number: IC-2000-10
Date: November 29,2000
JUN-10-2004 16=07 PflNYNJ 2124353584 P. 05

-2-

Document: Civil Aviation Security - Information Circular

Subject: Potential Threats During the Holiday Season
Number: IC-2000-09
Date: November 21,2000

Document: Civil Aviation Security - Information Circular

Subject: Disguised Weapons
Number: IC-2001-12
Date: August 16, 2001

Document: Civil Aviation Security - Information Circular

Subject: Continued Middle Eastern Threats to Civil Aviation
Number: IC-2001-04A
Date: July 31,2001

Document: Civil Aviation Security

Subject: Additional Security Procedures
Number: EA107-00-01D
Date: July 27, 2001

Document: Civil Aviation Security - Information Circular

Subject: Possible Terrorist Threat - Arabian Peninsula
Number: IC-2001-11
Date: July 18, 2001

Document: Memorandum
Subject: ACTION: Airport Security Measures
From: Acting Director, Civil Aviation Security Operations, ACO-1
U.S. Department of Transportation, Federal Aviation Administration
Date: July 13,2001

Document: Civil Aviation Security - Information Circular

Subject: Possible Terrorist Threat Against American Citizens
Number: IC-2001-08
Date: June 22,2001

Subject: SECTION IX - AVIATION SECURITY CONTINGENCY PLAN

(AVSEC PLAN)
JUN-10-2004 16:07 PfiNYNJ 2124353584 P.06

INDEX B

Document Request Number 2:

Subject: Newark Liberty International Airport Bomb Threats

Date: 1998

Subject: Newark Liberty International Airport Bomb Threats

Date: 1999

Subject: Newark Liberty International Airport Bomb Threats

Date: 2000

Subject: Newark Liberty International Airport Bomb Threats

Date: 2001
JUN-ie-2004 16=07 PftNYNJ 2124353584 P.07

INDEX C

Document Request Number 2:

Subject: Draft Security Review of "The Port Authority Facilities" by Kroll

Associates, Inc.
Date: Octobers, 2001

Subject: Draft Airport Aeronautical Area Security Site Review by Kroll Associates,
Inc.
Date: April 12,2001

Subject: Draft Physical Security Survey and Assessment by Kroll Associates, Inc.
Date: March 28, 2002
 JUN-10-2004 16=07 PflNYNJ 2124353584 P. 08

<^&JB^A

Thomas H. Kean October 23, 2003

CHAIR

Lee H. Hamilton
VICE CHAIR James M. Begley, Esq.
Richard BeivVenistc Deputy General Counsel
The Port Authority of New York/New Jersey
Max Cieland 225 Park Avenue South
Frederick F. Fielding 13th Floor
New York, New York 10003
Jamie S, Gorelick

Slade Gorton
Dear Mr. Begley:

John F- Lehman I understand that you have concerns, in connection with our staffs visit to
Timothy J. Roemer
Newark Airport and their interviews of airport officials this Friday, about
disclosure to the Commission of sensitive airport security information that has
James R. Thompson not yet been officially classified as SSI. Following up on our telephone
conversation of this morning, I am writing to assure you: (1) once such
Philip D. Zelikow information is classified as SSI, we will treat it as such, just as we have all
EXECUTIVE DIRECTOR other SSI we have received from TSA, the airlines, and others;
(2) in the meantime we will nor publicly disclose any airport security
information designated as sensitive during our visit to and interviews at
Newark Airport; and (3) in preparing our final public report, we will take care
not only to comply with our obligations as to SSI, but also to take great care in
making use of any other security information designated by Newark Airport
officials as sensitive.

...Sincerely,
/ "";

'Daniel Marcus
General Counsel

301 7"'Street SW, Room 5125

Washington, DC 20407
T 202.331.4060 F 202.296.5545
www.9-1 lcommission.gov