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