Civil Investigative Demand Reform Act of 2024

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10036 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                               H. R. 10036

   To reform the civil investigative demand process of the Bureau of 
                     Consumer Financial Protection.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 25, 2024

Mr. Barr (for himself and Mr. Vicente Gonzalez of Texas) 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 2024''.

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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