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January 26, 20 10
Via E-mail and First Cia s Mail
Chairman
Vi.ce Gmirmtm
Deborah Dakin
Acting Chief Counsel
Office of Thrift Supervision
1700 G Street, N. W.
Washington, D.C. 20552
Re: Confidentiality of Non-Public Information
Dear Ms. Dakin:
Bnx>ksley Born
Commi.;sioro<·r
B, n.m S.
GJmmNioner
Senator Bob Graham
Cvmmi.-;sioner
Commissitmer
....,,""""'"x"' Holtz-Eakin
rn connection with the Commission' s request for certain materials from the Office
of Thrift Supervision (the "Information Provider' ) and the need to maintain the
confidentiality thereof, we have crafted a process to enable us to obtain
information necessary for the FCIC to complete its statutorily mandated task in a
timely manner, while ensuring the continued confidentiality of that information,
as it may be appropriate. Our confidentiality commitment to you is outlined
below. (This letter replaces a similar letter dated January 14, 20 10.) You may
rely upon the terms of this commitment when submitting confidential information
to the FCIC.
Section 5 of the Fraud Enforcement and Recovery Act of 2009 ("FERA'') created
the Financial Crisis Inquiry Commission to examine the causes, domestic and
global, of the current financial and economic crisis in the United States. It
expressly contemplates information sharing:
Commissioner
Subsection (d) of Section 5 of FERA provides:
john W. Thompson
Commissiom:r
Petec 1- Wallison
In General- The Commission may secure directly from any department, agency,
bureau, board, commission, office, independent establishment, or instrumentality
of the United States any information related to any inquiry ofthe Commission
conducted under this section, including information ofa confidential nature
(which the Commission shall maintain in a secure manner). Each such
department, agency, bureau, board, commission, office, independent
establishment, or instrumentality shall furnish such information directly to the
Commission upon request. (Emphasis added.)
And Subsection (c)(5) requires the FCIC:
[T]o build upon the work of other entities, and avoid unnecessary duplication, by
reviewing the record of the Committee on Banking, Housing, and Urban Aff airs
of the Senate, the Committee on Financial Services of the House of
Representativ s, other congressional committees, the Government Accountability
•
Executi"L•t' Director
202.292.2799 • 202.632.1 604
20006-46 14
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cc:
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