Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices 10073 

14See 12 CFR 1070.41(a) (providing that ‘‘[e]xcept 

as required by law or as provided in this part, no 

. . . person in possession of confidential 

information[] shall disclose such confidential 

information by any means (including written or oral 

communications) or in any format (including paper 

and electronic formats), to: (1) [a]ny person who is 

not an employee, contractor, or consultant of the 

CFPB; or (2) [a]ny CFPB employee, contractor, or 

consultant when the disclosure of such confidential 

information . . . is not relevant to the performance 

of the employee’s, contractor’s, or consultant’s 

assigned duties’’); see also 12 CFR 1070.42(b) 

(setting forth exceptions relating to the disclosure 

of ‘‘confidential supervisory information of the 

CFPB’’ which is ‘‘lawfully in [the] possession’’ of 

any ‘‘supervised financial institution’’). 

15 12 CFR 1070.42(b). 

16 12 CFR 1070.42(b)(2)(ii). 

17 12 CFR 1070.42(b)(3)(i). 

18 12 CFR 1070.42(b)(3)(ii). 

19 12 CFR 1070.47. 

20 12 U.S.C. 5514, 5515. 

21See 12 U.S.C. 5536(a)(2) (making it unlawful for 

a supervised financial institution ‘‘to fail or refuse, 

as required by Federal consumer financial law, or 

any rule or order issued by the CFPB thereunder— 

(A) to permit access to or copying of records; . . . 

or (C) to make reports or provide information to the 

Bureau.’’). 

22See 12 CFR 1070.42(b)(2)(ii). 

23 5 U.S.C. 603(a), 604(a). 

24 44 U.S.C. 3501 et seq. 

Thus, CSI includes any workpapers or 

other documentation that CFPB 

examiners have prepared in the course 

of an examination. CSI also includes 

supervisory information requests from 

the CFPB to a supervised financial 

institution, along with the institution’s 

responses. In addition, any CFPB 

supervisory actions, such as memoranda 

of understanding between the CFPB and 

an institution, and related submissions 

and correspondence, are CSI. 

C. Disclosure of Confidential 

Information Generally Prohibited 

Subject to limited exceptions, 

supervised financial institutions and 

other persons in possession of CSI of the 

CFPB may not disclose such 

information.14

D. Exceptions to General Prohibition on 

Disclosure of CSI 

There are certain exceptions to the 

general prohibition against disclosing 

CSI to third parties. A supervised 

financial institution may disclose CSI of 

the CFPB lawfully in its possession to: 

• Its affiliates; 

• Its directors, officers, trustees, 

members, general partners, or 

employees, to the extent that the 

disclosure of such CSI is relevant to the 

performance of such individuals’ 

assigned duties; 

• The directors, officers, trustees, 

members, general partners, or 

employees of its affiliates, to the extent 

that the disclosure of such CSI is 

relevant to the performance of such 

individuals’ assigned duties; 

• Its certified public accountant, legal 

counsel, contractor, consultant, or 

service provider.15

Supervised financial institutions may 

also in certain instances disclose CSI to 

others with the prior written approval of 

the Associate Director for Supervision, 

Enforcement, and Fair Lending, or his or 

her delegee (Associate Director).16 The 

recipient of CSI shall not, without the 

prior written approval of the Associate 

Director, utilize, make, or retain copies 

of, or disclose CSI for any purpose, 

except as is necessary to provide advice 

or services to the supervised financial 

institution or its affiliate.17 Moreover, 

any supervised financial institution or 

affiliate disclosing CSI shall take 

reasonable steps as specified in the 

regulations to ensure that the recipient 

complies with the rules governing CSI.18

Confidential information made 

available by the CFPB pursuant to 12 

CFR part 1070 remains the property of 

the CFPB. There are other important 

requirements relating to the disclosure 

of confidential information, including 

disclosure pursuant to third-party 

legally enforceable demands, such as 

subpoenas or Freedom of Information 

Act requests. Among a number of other 

requirements, a recipient of a demand 

for confidential information must 

inform the CFPB’s General Counsel of 

the demand.19

E. NDAs Do Not Supersede Federal 

Legal Requirements 

The CFPB recognizes that some 

supervised financial institutions may 

have entered into third-party NDAs that, 

in part, purport to: (1) Restrict the 

supervised financial institution from 

sharing certain information with a 

supervisory agency; and/or (2) require 

the supervised financial institution to 

advise the third party when the 

institution shares with a supervisory 

agency information subject to the NDA. 

However, such provisions in NDAs 

between supervised financial 

institutions and third parties do not 

alter or limit the CFPB’s supervisory 

authority or the supervised financial 

institution’s obligations relating to CSI. 

A supervised financial institution 

should not attempt to use an NDA as the 

basis for failing to provide information 

sought pursuant to supervisory 

authority. The CFPB has the authority to 

require supervised financial institutions 

and certain other persons to provide it 

with reports and other information to 

conduct supervisory activities, pursuant 

to the Dodd-Frank Act.20 Failure to 

provide information required by the 

CFPB is a violation of law for which the 

CFPB will pursue all available 

remedies.21

In addition, a supervised financial 

institution may risk violating the law if 

it relies upon provisions of an NDA to 

justify disclosing CSI in a manner not 

otherwise permitted. As noted above, 

any disclosure of CSI outside of the 

applicable exceptions would require the 

prior written approval of the Associate 

Director for Supervision, Enforcement, 

and Fair Lending (or his or her 

delegee).22

Supervised financial institutions 

should contact appropriate CFPB 

supervisory personnel with any 

questions regarding this Bulletin. 

III. Regulatory Requirements 

This compliance bulletin provides 

nonbinding guidance on matters 

including limitations on disclosure of 

CSI under applicable law. It is therefore 

exempt from the notice and comment 

rulemaking requirements under the 

Administrative Procedure Act pursuant 

to 5 U.S.C. 553(b). Because no notice of 

proposed rulemaking is required, the 

Regulatory Flexibility Act does not 

require an initial or final regulatory 

flexibility analysis.23 In addition, the 

CFPB has determined that this bulletin 

summarizes existing requirements and 

does not establish any new nor revise 

any existing recordkeeping, reporting, or 

disclosure requirements on covered 

entities or members of the public that 

would be collections of information 

requiring OMB approval under the 

Paperwork Reduction Act.24

Dated: February 2015. 

Richard Cordray, 

Director, Bureau of Consumer Financial 

Protection. 

[FR Doc. 2015–03791 Filed 2–24–15; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DoD–2015–OS–0021] 

Proposed Collection; Comment 

Request 

AGENCY: Defense Security Cooperation 

Agency, DoD. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, the 

Defense Security Cooperation Agency 

announces a proposed public 

information collection and seeks public 

comment on the provisions thereof. 

Comments are invited on: (a) Whether 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
10074 Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed information collection; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the information collection on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

DATES: Consideration will be given to all 

comments received by April 27, 2015. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 4800 Mark Center Drive, 

East Tower, Suite 02G09, Alexandria, 

VA 22350–3100. 

Instructions: All submissions received 

must include the agency name, docket 

number and title for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the Internet at http://

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

Any associated form(s) for this 

collection may be located within the 

same electronic docket and downloaded 

for reviewing/testing. Follow the 

instructions at http://

www.regulations.gov for submitting 

comments. Please submit comments on 

any given form identified by docket 

number, form number, and title. 

FOR FURTHER INFORMATION CONTACT: To 

request more information on this 

proposed information collection or to 

obtain a copy of the proposal and 

associated collection instruments, 

please write to: The Defense Security 

Cooperation Agency (DSCA) (ATTN: 

David Frasher, 220 12th Street South, 

Suite 203, Arlington VA, 22202–5408 or 

call (703) 601–4459 or Defense Institute 

of Security Assistance Management 

(DISAM), ATTN: Donald McCormick, 

2475 K Street, Wright-Patterson AFB, 

OH 45433–7803, or call Director of 

Academic Support, at 937–713–3340. 

SUPPLEMENTARY INFORMATION: 

Title; Associated Form; and OMB 

Number: The DISAM Information 

Technology Mission System (DISM) 

Collection; DISAM Form GSI–001 and 

Student Registration Form; OMB 

Control Number 0704–XXXX. 

Needs and Uses: The DISAM 

Information Technology Mission System 

(DISM): Is a web based portal designed 

to hold several web applications for the 

purposes of efficient administration of 

U.S. and international students, and the 

effective management of DISAM 

personnel and guest lecturers. The 

portal provides DISAM personnel the 

ability to submit travel request and 

travel arrangements. Finally, the web 

based portal uses a relational database 

to record, manage and report 

information about students, personnel, 

travel. Reports of annual training of 

Foreign nationals to Congress as 

required by 22 U.S. Code 2394 (Foreign 

Assistance Act (FAA)) and 22 U.S. Code 

2770A (Arms Export Control Act 

(AECA)). 

Affected Public: Individuals and 

Households. 

Disam Student Registration Form: 

Annual Burden Hours: 2388 hours. 

Number of Respondents: 4775. 

Responses per Respondent: 2. 

Annual Responses: 9551. 

Average Burden per Response: 15 

minutes. 

Frequency: On occasion. 

Disam Guest Speaker Form: (Still in 

development). 

Annual Burden Hours: 62. 

Number of Respondents: 249. 

Responses per Respondent: 1. 

Annual Responses: 249. 

Average Burden per Response: 15 

min. 

Frequency: On occasion. 

Average Totals: 

Annual Burden Hours: 1884 hours. 

Number of Respondents: 5024. 

Responses per Respondent: 1.5. 

Annual Responses: 7536. 

Average Burden per Response: 15 

min. 

Respondents are contractor personnel, 

non-DOD U.S. Federal Government, 

Foreign Service nationals and industry 

students, guest speakers and lecturers 

involved in the Security Cooperation 

initiatives as prescribed by the President 

of the United States, Congress and 

Departments of State and Defense. 

Security Cooperation and Assistance 

programs as authorized by the Foreign 

Assistance Act (FAA), and the Arms 

Export Control Act (AECA) are required 

to be administered by qualified 

personnel receiving formal education 

through the Defense Institute of Security 

Assistance Management (DISAM) or 

other authorized Security Cooperation 

agencies. If the information collected on 

the student registration form is not 

collected, personnel looking to verify 

the qualifications of individuals in the 

Security Cooperation workforce 

database on the SAN, DISAM Student 

Database or the DISAM Personnel 

Database would be unable to match 

personnel to training and ensure 

compliance with DepSecDef directive 

and federal law requiring the reporting 

of training of foreign nationals (ref. 

AECA). The DISAM Personnel Database 

in conjunction with the Travel Forms 

maintains records of the personnel TDY 

travel and reimbursement as required by 

federal law and DoD regulations. 

Dated: February 19, 2015. 

Aaron Siegel, 

Alternate OSD Federal Register, Liaison 

Officer, Department of Defense. 

[FR Doc. 2015–03785 Filed 2–24–15; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DoD–2014–HA–0146] 

Submission for OMB Review; 

Comment Request 

ACTION: Notice. 

SUMMARY: The Department of Defense 

has submitted to OMB for clearance, the 

following proposal for collection of 

information under the provisions of the 

Paperwork Reduction Act. 

DATES: Consideration will be given to all 

comments received by March 27, 2015. 

FOR FURTHER INFORMATION CONTACT: Fred 

Licari, 571–372–0493. 

SUPPLEMENTARY INFORMATION: 

Title, Associated Form and OMB 

Number: Screening and Monitoring of 

DoD Personnel Deployed to Ebola 

Outbreak Areas; DD Form 2990, DD 

Form 2991; OMB Control Number 0720– 

0056. 

Type of Request: Extension. 

Number of Respondents: 1,200. 

Responses per Respondent: 2. 

Annual Responses: 2,400. 

Average Burden per Response: 12 

minutes. 

Annual Burden Hours: 480. 

Needs And Uses: The information 

collection requirement is necessary to 

ensure DoD personnel deployed in 

support of Operation UNITED 

ASSISTANCE are promptly evaluated 

for possible exposure(s) to the Ebola 

virus during deployment to, and within 

12 hours prior to departing from, an 

Ebola outbreak country or region (West 

Africa). Ebola is a Quarantinable 

Communicable Disease as named in 

Executive Order 13295 and supported 

by several DoD regulations and Federal 

laws. This information will be used by 


asabaliauskas on DSK5VPTVN1PROD with NOTICES