119-hr1653

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1653 Introduced in House

    (IH) ]

<DOC>

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.''.
 <all>