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Code · BILL · 118th Congress · H.R. 10036 (Introduced in House) — To reform the civil investigative demand process of the Bureau of Consumer Financial Protection. · Sec. 2

Sec. 2. Civil Investigative Demands

451 words·~2 min read·/bill/118/hr/10036/ih/section-2·

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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 . 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, . 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: An attorney advising a person described in clause
(i)may submit to the Bureau questions related to the scope or breadth of the demand. 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— a period that is 20 days after the date that the questions are submitted; or 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. 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. . Section 1052(d)) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5562(d) ) is amended— in the subsection heading, by inserting and petitions after demand material ; and 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). 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— failure of the demand to comply with the provisions of this section; constitutional or other legal right or privilege of such person; or demonstration that the demand is— unduly burdensome, disproportionately expensive, and outside the scope of the inquiry; or unreasonably cumulative or duplicative, or can be obtained from some other source that is more convenient, less burdensome, or less expensive. . 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: 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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Sec. 2
Civil Investigative Demands
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