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September 13,2010
Via Hand Delivery
Phil Angelides
Cllairnum
Hon. Bill Thomas
Vice Cltairnum
Mr. Neil Miller
Associate Commissioner
Maryland Insurance Administration
200 St. Paul PI, 2700
Baltimore, MD 21202
Re:
Letter of Agreement regarding the Confidential Treatment of
the Maryland Insurance Administration Non-Public Information
Dear Mr. Miller:
Brooksley Born
Commissio11er
Byron S. Georgiou
Commissioner
Senator Bob Graham
On behalf of the Financial Crisis Inquiry Commission ("the Commission"), this
letter will serve to memorialize our understanding with respect to the treatment of
non-public information voluntarily provided by the Maryland Insurance
Administration and its affiliates ("MIA ") to the Commission and its staff. This
letter provides additional confidentiality and is more restrictive that other
confidentiality agreements entered into by the Commission per National Archives
and Records Administration.
Commissio11er
Keith Hennessey
Commissio11er
Douglas Holtz-Eakin
Commissioner
Heather H. Murren, FA
Commissioner
John W. Thompson
When submitting information to the Commission, the MIA will indicate what is
"non-public" information to allow the Commission to track MIA ' s submissions
appropriately. The Commission understands that the MIA has requested that we
treat interview transcripts and notes thereof as confidential in accordance with this
letter.
Any non-public information that is obtained from MIA will be used only by
employees and agents of the Commission who have a need to know and use the
information in the performance of their official work duties in a manner consistent
with its non-public status and applicable law. All persons with whom non-public
information is shared will be advised of and, as condition of receiving non-public
information, will agree to comply with the understanding in this letter.
Commissioner
Peter J. Wallison
Commissioner
In accordance with its statutory mandate and its duty to the American public, the
Commission, if it determines it is in the public interest, may release to the public
non-public information obtained from MIA as part of any interim or final report
to the President and Congress, or in connection with any public hearings, if the
Commission determines to do so by a majority vote, or by the decision of the
Chairman and Vice Chairman acting together on behalf of the Commission.
Prior to any release of non-public information under the above paragraph, the
Commission will give written notice to MIA, and allow MIA to consult with the
Commission before the Commission uses any of the MIA's non-public
1717 Pennsylvania Avenue, NW, Suite 800 • Washington, DC 20006-4614
Wendy Edelberg
Executive Director
202.292.2799 • 202.632.1604 Fax
information in any interim or final report to the President and Congress, or in any public
hearing. In particular, ifthere is any information which the MIA is required by law to keep
confidential for a period of time, and you so notify us of that fact, the Commission will respect
that restriction.
Nothing as described in this letter will prevent the Commission or its staff from complying with
a request or demand from a duly authorized Committee of the United States Congress with
authority to require and receive the non-public information, or a legally valid and enforceable
subpoena or order by a court of competent jurisdiction for the non-public information or
testimony related thereto. Prior to any release of non-public information under this paragraph,
the Commission will give written notice to MIA.
Finally, all information obtained from MIA or relating to MIA will be transmitted to the National
Archives and Records Administration (NARA) following the completion of the Commission's
work. To the extent permitted by law, the Commission will request that NARA not release to the
public or any other person, entity or agency the MIA non-public information. The Commission
will make NARA aware of the Commission's obligation under this Letter of Agreement and
require NARA to provide advance notice in writing to the MIA in the event that it intents to
release any MIA non-public information to any person, entity or agency.
Any communications to the MIA under this Letter of Agreement should be made in writing to
the Associate Commissioner, Examinations & Auditing, Maryland Insurance Administration,
200 St. Paul Pl., 2700, Baltimore, MD 21202.
Any communications to the Commission under this Letter of Agreement shall be made in writing
to Gary Cohen, General Counsel, Financial Crisis Inquiry Commissioner, 1717 Pennsylvania
Ave., NW, Suite 800, Washington, DC 20004-4614.
By signing below, the Commission agrees to be bound by the provisions outlined in this Letter of
Agreement.
Financial Crisis Inquiry Commission
Cc: Wendy Edelberg
Executive Director
@FedFRASER