I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Civil Investigative De5 mand Reform Act of 2024’’. 

6 SEC. 2. CIVIL INVESTIGATIVE DEMANDS. 

7 (a) DEMAND PERIOD.—Section 1052(c)(1) of the 

8 Consumer Financial Protection Act of 2010 (12 U.S.C. 

9 5562(c)(1)) is amended by inserting after ‘‘before the in10 stitution of any proceedings under the Federal consumer 


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1 financial law’’ the following: ‘‘, but not later than 6 years 

2 after the date of such violation’’. 

3 (b) DEMAND REQUIREMENTS.—Section 1052(c)(2) 

4 of the Consumer Financial Protection Act of 2010 (12 

5 U.S.C. 5562(c)(2)) is amended by inserting after ‘‘con6 duct’’ the following: ‘‘, with specific reference to particular 

7 facts,’’. 

8 (c) ATTORNEY REPRESENTATION.—Section 

9 1052(c)(13)(D) of the Consumer Financial Protection Act 

10 of 2010 (12 U.S.C. 5562(c)(13)(D)) is amended by adding 

11 at the end the following: 

12 ‘‘(v) QUESTION AND RESPONSE.— 

13 ‘‘(I) ADVISING ATTORNEY.—An 

14 attorney advising a person described 

15 in clause (i) may submit to the Bu16 reau questions related to the scope or 

17 breadth of the demand. 

18 ‘‘(II) BUREAU RESPONSE.—The 

19 Bureau shall submit to the attorney 

20 advising a person described in clause 

21 (i) a response to any question sub22 mitted under subclause (I) during the 

23 shorter of— 


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1 ‘‘(aa) a period that is 20 

2 days after the date that the ques3 tions are submitted; or 

4 ‘‘(bb) a period equal to the 

5 period beginning on the date of 

6 service of the civil investigative 

7 demand and ending on the return 

8 date specified in the demand. 

9 ‘‘(III) EXTENSION OF RETURN

10 DATE AND PETITION DEADLINE.—In 

11 a case in which questions are sub12 mitted under subclause (I), the Bu13 reau may include with the response 

14 required under subclause (II) an ex15 tension of the return date and the 

16 deadline to file a petition with the Bu17 reau for an order modifying or setting 

18 aside the demand.’’. 

19 (d) CONFIDENTIAL TREATMENT OF PETITIONS.— 

20 Section 1052(d)) of the Consumer Financial Protection 

21 Act of 2010 (12 U.S.C. 5562(d)) is amended— 

22 (1) in the subsection heading, by inserting ‘‘and 

23 petitions’’ after ‘‘demand material’’; and 

24 (2) in paragraph (1), strike ‘‘and tangible 

25 things’’ and insert ‘‘, tangible things, and the conVerDate Sep 11 2014 19:04 Oct 28, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H10036.IH H10036

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1 tents of any petition submitted to the Bureau in ac2 cordance with subsection (f)’’. 

3 (e) SPECIFIC GROUNDS TO SET ASIDE.—Section 

4 1052(f)(3) of the Consumer Financial Protection Act of 

5 2010 (12 U.S.C. 5562(f)(3)) is amended by striking 

6 ‘‘upon any failure’’ and all that follows through the period 

7 at the end and inserting the following: ‘‘upon any— 

8 ‘‘(A) failure of the demand to comply with 

9 the provisions of this section; 

10 ‘‘(B) constitutional or other legal right or 

11 privilege of such person; or 

12 ‘‘(C) demonstration that the demand is— 

13 ‘‘(i) unduly burdensome, dispropor14 tionately expensive, and outside the scope 

15 of the inquiry; or 

16 ‘‘(ii) unreasonably cumulative or du17 plicative, or can be obtained from some 

18 other source that is more convenient, less 

19 burdensome, or less expensive.’’. 

20 (f) JUDICIAL REVIEW.—Section 1052(f) of the Con21 sumer Financial Protection Act of 2010 (12 U.S.C. 

22 5562(f)) is amended by adding at the end the following: 

23 ‘‘(4) JUDICIAL REVIEW OF PETITION TO MODIFY OR

24 SET ASIDE A DEMAND.—In the case that the Bureau deVerDate Sep 11 2014 19:04 Oct 28, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H10036.IH H10036

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1 nies a petition to modify or set aside a demand, such de2 nial shall be subject to judicial review.’’. 

Æ 


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