What This Bill Does
This bill makes financial agencies treat Congress members like regular citizens when they request information. Federal Reserve banks, the Consumer Financial Protection Bureau, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission, the National Credit Union Administration, the Office of the Comptroller of the Currency, and the Federal Housing Finance Agency would all have to follow the Freedom of Information Act (a law requiring government agencies to share documents with the public) when Congress members ask for records. The bill also changes who appoints the Inspector General for the Federal Reserve and Consumer Financial Protection Bureau.
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Who It Affects
Members of Congress and their staff requesting information from financial agencies
Financial regulatory agencies (the Federal Reserve, Consumer Financial Protection Bureau, Federal Deposit Insurance Corporation, Securities and Exchange Commission, National Credit Union Administration, Office of the Comptroller of the Currency, Federal Housing Finance Agency)
Officers and employees of these agencies
Committee staff handling sensitive financial information
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Key Provisions
* Federal Reserve banks must treat Congress members the same as other citizens requesting information under the Freedom of Information Act, without being able to claim certain legal privileges like attorney-client privilege (Sec. 2(b))
* Congress members can request "ethics-related information" (records about employee ethics programs, financial disclosure forms, outside employment, investigations, and ethics training) from all covered financial agencies without those agencies being able to use standard secrecy rules to refuse (Sec. 2(c), Sec. 3)
* Sensitive information containing confidential supervisory details or employee personal information must be stored in locked safes, reviewed only in congressional offices, and cannot be copied, but committee leaders on both sides of the aisle can approve releasing it publicly (Sec. 2(b)(6))
* Congress members can sue in federal court if financial agencies improperly withhold information they requested (Sec. 2(b)(7))
* The President (rather than the Federal Reserve Board itself) will appoint the Inspector General who oversees both the Federal Reserve and the Consumer Financial Protection Bureau (Sec. 4)
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What Changes
Federal Reserve banks would no longer be able to withhold information from Congress members by claiming attorney-client privilege, deliberative process privilege, or attorney work product privilege.
Ethics-related information (including financial disclosures, ethics agreements, outside employment records, disciplinary records, and ethics investigations) becomes available to Congress members from all covered financial agencies without standard secrecy claims blocking release.
Congress members' requests for information would be processed faster and for free, while regular citizens' requests remain charged and lower priority.
Information Congress members receive with sensitive details would require special storage and security procedures, including locked safes and staff-only access, but could be released publicly if both the senior and junior leadership of the relevant committee agree.
The President gains direct appointment authority over the Inspector General position for the Federal Reserve and Consumer Financial Protection Bureau, removing this power from the Federal Reserve Board.
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Important Definitions
**Confidential supervisory information:** Bank examination records and other sensitive data collected during supervision of financial institutions.
**Committee confidential basis:** Information not publicly disclosed unless the top two leaders (chair and ranking member) of the relevant congressional committee agree to release it.
**Covered Member of Congress:** The chairs and ranking members of specific banking and financial services committees in the Senate and House.
**Ethics-related information:** Records documenting anything about an agency's ethics program, including financial disclosures, ethics agreements, outside employment, investigations, disciplinary actions, ethics determinations and advice, ethics training, waivers, and approvals. Does NOT include private advice given to individual employees unless that advice has legal effect (like a waiver).
**Personnel and medical files:** Personal information about employees that would normally be kept private, but does NOT include financial disclosure forms or performance and disciplinary records.
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Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 1160
To provide greater transparency with respect to the financial regulatory
agencies, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 30, 2023
Mr. TILLIS (for himself, Ms. WARREN, Mr. ROUNDS, Ms. SINEMA, Mr.
HAGERTY, Mr. BLUMENTHAL, Ms. LUMMIS, Mr. CRUZ, and Mr. VANCE)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
A BILL
To provide greater transparency with respect to the financial
regulatory agencies, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Financial Regulators
4
Transparency Act of 2023’’.
5
SEC. 2. TRANSPARENCY OF THE FEDERAL RESERVE BANKS.
6
The Federal Reserve Act is amended—
7
(1) by redesignating sections 30 and 31 as sec-
8
tions 31 and 32, respectively; and
9
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•S 1160 IS
(2) by inserting after section 29 (12 U.S.C.
1
504) the following:
2
‘‘SEC. 30. TRANSPARENCY OF FEDERAL RESERVE BANKS
3
AND BOARD OF GOVERNORS.
4
‘‘(a) APPLICATION
OF FOIA AND
THE FEDERAL
5
RECORDS ACT
OF 1950 TO
THE FEDERAL RESERVE
6
BANKS.—
7
‘‘(1) FOIA.—Each Federal reserve bank shall
8
be considered an agency, as defined in subsection (f)
9
of section 552 of title 5, United States Code (com-
10
monly known as the ‘Freedom of Information Act’),
11
for purposes of applying the requirements under
12
that section.
13
‘‘(2) FEDERAL RECORDS ACT OF 1950.—Each
14
Federal reserve bank shall be considered a Federal
15
agency for purposes of applying the requirements
16
under chapter 31 of title 44, United States Code
17
(commonly known as the ‘Federal Records Act of
18
1950’).
19
‘‘(b) CONGRESSIONAL FOIA REQUESTS FOR INFOR-
20
MATION FROM FEDERAL RESERVE BANKS.—
21
‘‘(1) DEFINITIONS.—In this subsection—
22
‘‘(A) the term ‘committee confidential
23
basis’, with respect to information, means not
24
publicly disclosing the information, in whole or
25
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•S 1160 IS
in part or by way of summary, unless the chair
1
and ranking member of the relevant committee
2
or subcommittee described in subparagraph (C)
3
agree to publicly disclose the information;
4
‘‘(B) the term ‘confidential supervisory in-
5
formation’ has the meaning given the term in
6
section 261.2(b) of title 12, Code of Federal
7
Regulations, or any successor regulation;
8
‘‘(C) the term ‘covered Member of Con-
9
gress’ means—
10
‘‘(i) the chair and ranking member of
11
the Committee on Banking, Housing, and
12
Urban Affairs of the Senate;
13
‘‘(ii) the chair and ranking member of
14
the Subcommittee on Economic Policy of
15
the Committee on Banking, Housing, and
16
Urban Affairs of the Senate;
17
‘‘(iii) the chair and ranking member
18
of the Subcommittee on Financial Institu-
19
tions and Consumer Protection of the
20
Committee on Banking, Housing, and
21
Urban Affairs of the Senate;
22
‘‘(iv) the chair and ranking member of
23
the Committee on Financial Services of the
24
House of Representatives;
25
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•S 1160 IS
‘‘(v) the chair and ranking member of
1
the Subcommittee on Consumer Protection
2
and Financial Institutions of the Com-
3
mittee on Financial Services of the House
4
of Representatives; and
5
‘‘(vi) the chair and ranking member of
6
the Subcommittee on National Security,
7
International Development and Monetary
8
Policy of the Committee on Financial Serv-
9
ices of the House of Representatives;
10
‘‘(D) the term ‘Inspector General’ means
11
the Inspector General of the Board of Gov-
12
ernors of the Federal Reserve System and the
13
Bureau of Consumer Financial Protection; and
14
‘‘(E) the term ‘personnel and medical
15
files’—
16
‘‘(i) means personnel and medical files
17
and similar files that are exempt from dis-
18
closure under section 552(b)(6) of title 5,
19
United States Code; and
20
‘‘(ii) does not include—
21
‘‘(I) financial disclosure forms; or
22
‘‘(II) performance, disciplinary,
23
or adverse action information.
24
‘‘(2) AUTHORITY.—
25
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•S 1160 IS
‘‘(A) IN
GENERAL.—Subject to subpara-
1
graph (B), section 552 of title 5, United States
2
Code, is not authority for a Federal reserve
3
bank to withhold information from Congress or
4
any Member of Congress.
5
‘‘(B) RULE OF CONSTRUCTION.—Nothing
6
in subparagraph (A) shall be construed to af-
7
fect the authority of a Federal reserve bank to
8
withhold from an individual Member of Con-
9
gress requesting information under section 552
10
of title 5, United States Code—
11
‘‘(i) information relating to monetary
12
policy deliberations that is exempt from
13
disclosure under section 552(b)(5) of title
14
5, United States Code; and
15
‘‘(ii) except as provided in paragraph
16
(6)—
17
‘‘(I) confidential supervisory in-
18
formation,
as
defined
in
section
19
261.2(b) of title 12, Code of Federal
20
Regulations, or any successor regula-
21
tion, that is exempt from disclosure
22
under section 552(b)(8) of title 5,
23
United States Code; and
24
‘‘(II) personnel and medical files.
25
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•S 1160 IS
‘‘(3) PRIORITY OF REQUESTS FROM MEMBERS
1
OF CONGRESS.—Any request for information from a
2
Federal reserve bank under section 552 of title 5,
3
United States Code, made by a Member of Con-
4
gress—
5
‘‘(A) shall be prioritized ahead of requests
6
for information made by persons other than
7
Members of Congress; and
8
‘‘(B) shall be processed without charging
9
any fee to the Member of Congress.
10
‘‘(4) COMMON
LAW
PRIVILEGES.—Notwith-
11
standing any other provision of law, a Federal re-
12
serve bank may not withhold information requested
13
by a Member of Congress under section 552 of title
14
5, United States Code, on the basis that the infor-
15
mation is privileged pursuant to a common law privi-
16
lege, such as the deliberative process privilege, attor-
17
ney-client privilege, or attorney work product privi-
18
lege.
19
‘‘(5) MAINTENANCE AND SECURITY OF MATE-
20
RIALS.—With respect to any materials that are re-
21
ceived by or in the possession of a Member of Con-
22
gress or any staff member of a Member of Congress
23
in response to a request made by a Member of Con-
24
gress under section 552 of title 5, United States
25
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•S 1160 IS
Code, from a Federal reserve bank, the chief clerk
1
of the Committee on Banking, Housing, and Urban
2
Affairs of the Senate, with respect to the Senate,
3
and the chief clerk of the Committee on Financial
4
Services of the House of Representatives, with re-
5
spect to the House of Representatives, shall—
6
‘‘(A) have responsibility for the mainte-
7
nance and security of those materials; and
8
‘‘(B) ensure that—
9
‘‘(i) the materials are stored in a safe
10
with a combination lock by the chief clerk
11
of the relevant committee in the offices of
12
the relevant committee;
13
‘‘(ii) the materials do not leave the
14
relevant committee, except for a Member
15
of Congress or any staff member of a
16
Member of Congress to review the mate-
17
rials in a congressional office or to return
18
the materials to the Federal reserve bank;
19
‘‘(iii) a Member of Congress or any
20
staff member of a Member of Congress
21
shall review the materials in a congres-
22
sional office; and
23
‘‘(iv) a Member of Congress or any
24
staff member of a Member of Congress
25
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•S 1160 IS
shall keep the materials in their physical
1
custody when reviewing them and keep the
2
materials in the safe of the chief clerk of
3
the relevant committee when not reviewing
4
the materials.
5
‘‘(6) CONFIDENTIAL
SUPERVISORY
INFORMA-
6
TION AND PERSONNEL AND MEDICAL FILES.—
7
‘‘(A) PROHIBITION.—Notwithstanding sub-
8
clauses (I) and (II) of paragraph (2)(B)(ii) or
9
any other provision of law, a Federal reserve
10
bank may not withhold information requested
11
by a covered Member of Congress under section
12
552 of title 5, United States Code, on the basis
13
that the information contains confidential su-
14
pervisory information or personnel and medical
15
files.
16
‘‘(B) ACCESS TO INFORMATION.—
17
‘‘(i) IN GENERAL.—Any covered Mem-
18
ber of Congress and any staff member of
19
a covered Member of Congress that re-
20
ceives information that contains confiden-
21
tial supervisory information or personnel
22
and medical files pursuant to a request
23
made under section 552 of title 5, United
24
States Code, from a Federal reserve bank
25
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•S 1160 IS
shall handle that information on a com-
1
mittee confidential basis according to the
2
procedures described in clause (ii).
3
‘‘(ii) PROCEDURES.—
4
‘‘(I) MAINTENANCE
AND
SECU-
5
RITY OF MATERIALS.—With respect to
6
any materials containing confidential
7
supervisory information or personnel
8
and medical files that is received by or
9
in the possession of a covered Member
10
of Congress or any staff member of a
11
covered Member of Congress under
12
clause (i), the chief clerk of the rel-
13
evant committee shall—
14
‘‘(aa) have responsibility for
15
the maintenance and security of
16
those materials; and
17
‘‘(bb) ensure that—
18
‘‘(AA) the materials are
19
stored in a safe with a com-
20
bination lock by the chief
21
clerk of the relevant com-
22
mittee in the offices of the
23
relevant committee;
24
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•S 1160 IS
‘‘(BB) the materials do
1
not leave the relevant com-
2
mittee;
3
‘‘(CC) a covered Mem-
4
ber of Congress or any staff
5
member of a covered Mem-
6
ber of Congress shall keep
7
the materials in their phys-
8
ical custody when reviewing
9
them and keep the materials
10
in the safe of the chief clerk
11
of the relevant committee
12
when not reviewing the ma-
13
terials;
14
‘‘(DD)
photocopying,
15
scanning, or other reproduc-
16
tion of the materials is pro-
17
hibited; and
18
‘‘(EE) notes may be
19
taken regarding the mate-
20
rials, but any notes shall be
21
stored in safe of the chief
22
clerk of the relevant com-
23
mittee and such notes shall
24
not be taken or transmitted
25
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•S 1160 IS
outside of the offices of the
1
relevant committee.
2
‘‘(II) ACCESS.—Access to mate-
3
rials containing confidential super-
4
visory information or personnel and
5
medical files supplied to a covered
6
Member of Congress shall be limited
7
to those staff members of the relevant
8
committee or subcommittee with a
9
need-to-know, as determined by the
10
Staff Director and Minority Staff Di-
11
rector of the committee.
12
‘‘(III) UNAUTHORIZED
DISCLO-
13
SURE.—Any disclosure of materials
14
containing confidential supervisory in-
15
formation or personnel and medical
16
files without the agreement of the
17
chair and ranking member of the rel-
18
evant committee or subcommittee of
19
Congress to publicly disclose the infor-
20
mation, or other violation of this sub-
21
paragraph, shall constitute grounds
22
for referral to the Select Committee
23
on Ethics of the Senate or the Com-
24
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•S 1160 IS
mittee on Ethics of the House of Rep-
1
resentatives, as applicable.
2
‘‘(7) STANDING.—Any Member of Congress
3
who makes a request for information from a Federal
4
reserve bank under section 552 of title 5, United
5
States Code, has standing to file in the appropriate
6
district court of the United States an action to en-
7
join the Federal reserve bank from withholding
8
records of the Federal reserve bank and to order the
9
production of any records of the Federal reserve
10
bank improperly withheld from the Member of Con-
11
gress in the same manner as any other person under
12
that section.
13
‘‘(c) CONGRESSIONAL FOIA REQUESTS FOR ETHICS-
14
RELATED INFORMATION FROM
THE BOARD
OF GOV-
15
ERNORS AND THE FEDERAL RESERVE BANKS.—
16
‘‘(1)
ETHICS-RELATED
INFORMATION
DE-
17
FINED.—
18
‘‘(A) IN
GENERAL.—Subject to subpara-
19
graph (B), in this subsection, the term ‘ethics-
20
related information’ means any record docu-
21
menting or relating to—
22
‘‘(i) the activities of the ethics pro-
23
gram of the Board or a Federal reserve
24
bank;
25
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•S 1160 IS
‘‘(ii) financial disclosure reports and
1
related records;
2
‘‘(iii) ethics agreements and related
3
records;
4
‘‘(iv) outside employment and activity
5
of officers and employees of the Board or
6
a Federal reserve bank;
7
‘‘(v) referrals of violations of criminal
8
conflict of interest statutes;
9
‘‘(vi)
ethics-related
disciplinary
10
records or adverse actions;
11
‘‘(vii) ethics-related investigations, in-
12
quiries, or reviews;
13
‘‘(viii) ethics-related materials, includ-
14
ing ethics determinations issued by, ethics
15
advice issued by, ethics consultation en-
16
gaged in, and ethics training records of the
17
Board or a Federal reserve bank; and
18
‘‘(ix) any other ethics-related policies,
19
procedures, practices, or program records
20
of the Board or a Federal reserve bank, in-
21
cluding—
22
‘‘(I) any record relating to—
23
‘‘(aa) ethics policies, proce-
24
dures, practices, or program im-
25
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•S 116
[Text truncated for display. Full text available on Congress.gov.]