[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1653 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 1653
To reform the civil investigative demand process of the Bureau of
Consumer Financial Protection.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 27, 2025
Mr. Barr (for himself, Mr. Vicente Gonzalez of Texas, and Mr.
Moskowitz) introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To reform the civil investigative demand process of the Bureau of
Consumer Financial Protection.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil Investigative Demand Reform
Act of 2025''.
SEC. 2. CIVIL INVESTIGATIVE DEMANDS.
(a) Demand Period.--Section 1052(c)(1) of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5562(c)(1)) is amended by inserting
after ``before the institution of any proceedings under the Federal
consumer financial law'' the following: ``, but not later than 6 years
after the date of such violation''.
(b) Demand Requirements.--Section 1052(c)(2) of the Consumer
Financial Protection Act of 2010 (12 U.S.C. 5562(c)(2)) is amended by
inserting after ``conduct'' the following: ``, with specific reference
to particular facts,''.
(c) Attorney Representation.--Section 1052(c)(13)(D) of the
Consumer Financial Protection Act of 2010 (12 U.S.C. 5562(c)(13)(D)) is
amended by adding at the end the following:
``(v) Question and response.--
``(I) Advising attorney.--An
attorney advising a person described in
clause (i) may submit to the Bureau
questions related to the scope or
breadth of the demand.
``(II) Bureau response.--The Bureau
shall submit to the attorney advising a
person described in clause (i) a
response to any question submitted
under subclause (I) during the shorter
of--
``(aa) a period that is 20
days after the date that the
questions are submitted; or
``(bb) a period equal to
the period beginning on the
date of service of the civil
investigative demand and ending
on the return date specified in
the demand.
``(III) Extension of return date
and petition deadline.--In a case in
which questions are submitted under
subclause (I), the Bureau may include
with the response required under
subclause (II) an extension of the
return date and the deadline to file a
petition with the Bureau for an order
modifying or setting aside the
demand.''.
(d) Confidential Treatment of Petitions.--Section 1052(d)) of the
Consumer Financial Protection Act of 2010 (12 U.S.C. 5562(d)) is
amended--
(1) in the subsection heading, by inserting ``and
petitions'' after ``demand material''; and
(2) in paragraph (1), strike ``and tangible things'' and
insert ``, tangible things, and the contents of any petition
submitted to the Bureau in accordance with subsection (f)''.
(e) Specific Grounds To Set Aside.--Section 1052(f)(3) of the
Consumer Financial Protection Act of 2010 (12 U.S.C. 5562(f)(3)) is
amended by striking ``upon any failure'' and all that follows through
the period at the end and inserting the following: ``upon any--
``(A) failure of the demand to comply with the
provisions of this section;
``(B) constitutional or other legal right or
privilege of such person; or
``(C) demonstration that the demand is--
``(i) unduly burdensome, disproportionately
expensive, and outside the scope of the
inquiry; or
``(ii) unreasonably cumulative or
duplicative, or can be obtained from some other
source that is more convenient, less
burdensome, or less expensive.''.
(f) Judicial Review.--Section 1052(f) of the Consumer Financial
Protection Act of 2010 (12 U.S.C. 5562(f)) is amended by adding at the
end the following:
``(4) Judicial Review of Petition To Modify or Set Aside a
Demand.--In the case that the Bureau denies a petition to modify or set
aside a demand, such denial shall be subject to judicial review.''.
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