OU.28.2U03 2:3bPM 9-11 COMMISSION NO.

0424

LETTER AGREEMENT
BETWEEEN THE CITY OF NEW YORK

AND

THE NATIONAL COMMISSION ON TERRORIST ATTACKS

UPON THE UNITED STATES

Reference is made to the agreement, dated the *°_ day of October, 2003, by and among
the National Institute of Standards and Technology ("MISTS'), the City of New York
("NYC"), and the National Commission on Terrorist Attacks Upon the United States ("9-
11 Commission") (the "Agreement"). Unless otherwise provided, relevant provisions of
the Agreement pertaining to the City and the 9-11 Commission are incorporated by
reference and made a part of this letter agreement as though fully set forth herein.
This letter agreement between the City of New York and the 9-11 Commission, when
signed, will evidence an agreement with respect to the following:
1. Nothing in the Agreement shall preclude the 9-11 Commission from
requesting from the City of New York additional interviews of FDNY and NYPD
employees should the interview limitation of 125 employees as set forth in section
("1") of the Agreement prove insufficient for the 9-11 Commission to fulfill its
statutory mandate. In addition, nothing in the Agreement shall preclude the 9-11
Commission from requesting that the City of New York make available for
additional interviews any individuals who already were amongst the 125 FDNY
/NYPD employees interviewed by NIST and had refused to answer any specific
questions which they had been asked in the initial NIST interview, for the purpose
of asking them such specific questions and any additional questions directly
arising from the responses to such questions.

2. Nothing in the Agreement shall preclude the 9-11 Commission from,

exercising its power to subpoena individual FDNY and NYPD employees. In. the
event the Commission issues such a subpoena, it shall serve an additional copy
upon the NYC Law Department.

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3. Absent consent of the interviewee, any interviews conducted in

accordance with this agreement shall not be transcribed or taped. Absent consent
of the interviewee or court order, the 9-11 Commission shall not disclose the
names or other identifying information of the persons interviewed (except that the
rank or position of a high-ranking officer may be disclosed in a fina] report to the
extent necessary to fulfill the 9-11 Commission's mandate). The 9*11 Commission
shall oppose any subpoena or other request for disclosure of any tapes, notes or
other documentation ormemoriattzation of the interviews.

4. Nothing herein shall mandate the City to comply with a request made
pursuant to paragraph 1 or constitute a waiver of any argument the City of New
York or any individual FDNY or NYPD may have in regard to a subpoena issued
pursuant to paragraph 2.
5. In the event that any provision of this letter agreement conflicts with any
provision of the Agreement, the terms and conditions of this letter agreement shall
supersede the terms and conditions of the Agreement.

The foregoing correctly sets forth the understanding of the parties to this side letter
agreement, which understanding is evidenced by the following signatures:
ACCEPTED AND AGREED TO TffiSf? day of October, 2003.
The CitN^tSI New York
By; (-f&jJVLAfUL-

Print Name:

Title;

The National Commission on Terrorist Attacks Upon the United States

Title:
303 14 = 05 OFFICE OF NIST COUNSEL P.02 x"--

AGREEMENT AMONG
THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
AND
THE NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES
AND
THE CITY OF NEW YORK

THIS AGREEMENT is entered into as of October ;fj 2003 by the National Institute of
Standards and Technology ("NIST"), the City of New York ("NYC"), and the National
Commission on Terrorist Attacks upon the United States ("9-11 Commission") (collectively, the
"Parties") to set forth the conditions governing certain NIST and 9-1 1 Commission interviews of
employees of the City of New York.

Whereas, NIST is conducting an investigation of the September 1 1, 2001, World Trade

Center disaster under the authority of the National Construction Safety Team Act, P.L. 107-23 1
(the "NIST WTC Investigation");

Whereas, to accomplish the objectives of Projects 7 and 8 of the NIST WTC

Investigation, it is necessary for NIST to interview employees of the Fire Department of New
York (FDNY) and the New York Police Department (NYPD);

Whereas, the 9-1 1 Commission is conducting an investigation of the terrorist attacks of

September 11, .2001, under the authority of P.L. 107-306;

Whereas, to accomplish the objective of Section 602(1) of P.L. 107-306, it is necessary

for the 9-1 1 Commission to interview employees of the FDNY and the NYPD; and

Whereas, the Parties wish to set forth the conditions governing the conduct of such
interviews, including focus group interviews.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the

Parties agree as follows:

1. The City of New York will use its best efforts to arrange a significant number of
interviews, including individual interviews and focus groups, of employees of
FDNY and NYPD. The Parties agree that not more than 100 FDNY employees
and 25 NYPD employees will be interviewed.

2. Interviews of all FDNY and NYPD personnel shall be conducted by NIST, and
the 9-1 1 Commission shall have the opportunity to ask such further questions as
the 9-1 1 Commission deems necessary to fulfill its statutory mandate of each
interviewee immediately upon the conclusion of the NIST qestioning. To the
maximum extent feasible, NIST and the 9-1 1 Commission agree to work together
to develop questions that meet the needs of both parties.

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3. Selection of EDNY employees to participate in the interviews will be made from a

list of 300 names previously provided to the City of New York by NIST. NIST
will identify the subject areas concerning which it seeks information. The FDNY
and NYPD will then provide NIST and the 9-11 Commission with the names of
their members who are knowledgeable with respect to these areas, with the names
of FDNY employees selected from the list previously provided to the City of New
York by NIST. NIST will select interviewees from these lists. If NIST desires to
interview a member not on a FDNY or NYPD list, NIST will notify the
appropriate Department and the City will use its best efforts to make such member
available for interview. It is understood that participation in the interviews and
reply to specific questions is voluntary on the part of the employees, and the City
shall not be required to compel any employee to participate in an interview, and if
the employee declines, he or she will not be compelled to appear for an interview.

4. Interviews with employees of FDNY will be scheduled by the FDNY Court Desk
in consul ration with NIST. Interviews with employees of NYPD will be
scheduled by the NYPD Office of Management and Plans in consultation with
NIST. Each interview will be scheduled for a four hour period. Interviews are
expected to run two to four hours each; most interviews are expected to last
approximately two to two>and-one-half hours. Some FDNY and NYPD
employees may be asked to participate in both an individual interview and a focus
group, but the total number of FDNY and NYPD employees will not exceed the
limits set forth in paragraph 1. of this agreement. The total participation time for
each FDNY and NYPD employee will not exceed approximately four hours.

5. The following persons will be permitted in the interview room during the
interviews: the interviewer, the interviewee, up to two NIST observers, one 9-11
Commission, observer, one NIST attorney, one attorney from the Office of NYC
Law Department and one attorney from FDNY or NYPD as appropriate., and one
attorney representing the interviewee, who may in certain instances be the NYC
attorney. A mental health professional provided by the FDNY Bureau of Health
Services for FDNY members and by the Medical Department of the NYPD for
NYPD members will be available outside the room.

6. Persons in the interview room will be arranged as follows: Only the NIST
interviewer and the NIST attorney and the interviewee and his/her attorney will be
permitted to sit at the table. All other attorneys and observers will be seated
behind the interviewee.

7. Attorneys may observe, take notes, and otherwise represent their clients but may
not interfere with the orderly conduct of the interview.

8. Absent consent of the interviewee, any interviews conducted in accordance with

this agreement shall not be transcribed or taped. Absent consent of the

9I:ST £006 WO TWS-iCC-CT2:«J !N3WrdUd3Q FfcH DAN

 14:06 OFFICE OF NIST COUNSEL P.04

interviewee or court order, the NIST and the 9-11 Commission shall not disclose
the names or other identifying information of the persons interviewed (except that
the rank or position of a high-ranking officer may be disclosed in a final report to
the extent necessary to fulfill NlST's and the 9-11 Commission's respective
mandates). MIST and the 9-11 Commission shall oppose any subpoena or other
request for disclosure of any tapes, notes or other documentation or
memorializarion of the interviews.

9. All additions or modifications to this Agreement must be in writing and signed by

the Parties.

10. The undersigned represent that they have authority to enter into this Agreement
to make all of the representations and commitments set forth herein.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first above written.

National Institute of Standards

and Technology

Print Name:

Title:

The C i O f New York

Prim Name: *"***&

Title:

The National Commiss.MJQ on Terrorist Attacks upon the United States

By;
*S

Prinn^Name:

Title:

90'd 9I:£T 2002 2

TOTflL P.04