Section 1. Short title
This Act may be cited as the Financial Regulators Transparency Act of 2022.
Section 2. Transparency of the Federal reserve banks
The Federal Reserve Act is amended—
(1) by redesignating sections 30 and 31 as sections 31 and 32, respectively; and
(2) by inserting after section 29 (12 U.S.C. 504) the following:
(1) FOIA
Each Federal reserve bank shall be considered an agency, as defined in subsection (f) of section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), for purposes of applying the requirements under that section.
(2) Federal Records Act of 1950
Each Federal reserve bank shall be considered a Federal agency for purposes of applying the requirements under chapter 31 of title 44, United States Code (commonly known as the Federal Records Act of 1950).
(1) Definitions
In this subsection—
(A) the term committee confidential basis, with respect to information, means not publicly disclosing the information, in whole or in part or by way of summary, unless the chair and ranking member of the relevant committee or subcommittee described in subparagraph (C) agree to publicly disclose the information;
(B) the term confidential supervisory information has the meaning given the term in section 261.2(b) of title 12, Code of Federal Regulations, or any successor regulation;
(C) the term covered Member of Congress means—
(i) the chair and ranking member of the Committee on Banking, Housing, and Urban Affairs of the Senate;
(ii) the chair and ranking member of the Subcommittee on Economic Policy of the Committee on Banking, Housing, and Urban Affairs of the Senate;
(iii) the chair and ranking member of the Subcommittee on Financial Institutions and Consumer Protection of the Committee on Banking, Housing, and Urban Affairs of the Senate;
(iv) the chair and ranking member of the Committee on Financial Services of the House of Representatives;
(v) the chair and ranking member of the Subcommittee on Consumer Protection and Financial Institutions of the Committee on Financial Services of the House of Representatives; and
(vi) the chair and ranking member of the Subcommittee on National Security, International Development and Monetary Policy of the Committee on Financial Services of the House of Representatives;
(D) the term Inspector General means the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection; and
(E) the term personnel and medical files —
(i) means personnel and medical files and similar files that are exempt from disclosure under section 552(b)(6) of title 5, United States Code; and
(ii) does not include—
(I) financial disclosure forms; or
(II) performance, disciplinary, or adverse action information.
(3) Priority of requests from Members of Congress
Any request for information from a Federal reserve bank under section 552 of title 5, United States Code, made by a Member of Congress—
(A) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and
(B) shall be processed without charging any fee to the Member of Congress.
(4) Common law privileges
Notwithstanding any other provision of law, a Federal reserve bank may not withhold information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege.
(5) Maintenance and security of materials
With respect to any materials that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from a Federal reserve bank, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall—
(A) have responsibility for the maintenance and security of those materials; and
(B) ensure that—
(i) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee;
(ii) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Federal reserve bank;
(iii) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and
(iv) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials.
(A) Prohibition
Notwithstanding subclauses (I) and (II) of paragraph (2)(B)(ii) or any other provision of law, a Federal reserve bank may not withhold information requested by a covered Member of Congress under section 552 of title 5, United States Code, on the basis that the information contains confidential supervisory information or personnel and medical files.
(i) In general
Any covered Member of Congress and any staff member of a covered Member of Congress that receives information that contains confidential supervisory information or personnel and medical files pursuant to a request made under section 552 of title 5, United States Code, from a Federal reserve bank shall handle that information on a committee confidential basis according to the procedures described in clause (ii).
(I) Maintenance and security of materials
With respect to any materials containing confidential supervisory information or personnel and medical files that is received by or in the possession of a covered Member of Congress or any staff member of a covered Member of Congress under clause (i), the chief clerk of the relevant committee shall—
(aa) have responsibility for the maintenance and security of those materials; and
(bb) ensure that—
(AA) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee;
(BB) the materials do not leave the relevant committee;
(CC) a covered Member of Congress or any staff member of a covered Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials;
(DD) photocopying, scanning, or other reproduction of the materials is prohibited; and
(EE) notes may be taken regarding the materials, but any notes shall be stored in safe of the chief clerk of the relevant committee and such notes shall not be taken or transmitted outside of the offices of the relevant committee.
(II) Access
Access to materials containing confidential supervisory information or personnel and medical files supplied to a covered Member of Congress shall be limited to those staff members of the relevant committee or subcommittee with a need-to-know, as determined by the Staff Director and Minority Staff Director of the committee.
(7) Standing
Any Member of Congress who makes a request for information from a Federal reserve bank under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Federal reserve bank from withholding records of the Federal reserve bank and to order the production of any records of the Federal reserve bank improperly withheld from the Member of Congress in the same manner as any other person under that section.
(3) Priority of requests from Members of Congress
Any request for ethics-related information from the Board or a Federal reserve bank under section 552 of title 5, United States Code, made by a Member of Congress—
(A) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and
(B) shall be processed without charging any fee to the Member of Congress.
(4) Common law privileges
Notwithstanding any other provision of law, the Board or a Federal reserve bank may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege.
(5) Maintenance and security of materials
With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Board or a Federal reserve bank, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall—
(A) have responsibility for the maintenance and security of those materials; and
(B) ensure that—
(i) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee;
(ii) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Board or the Federal reserve bank, as applicable;
(iii) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and
(iv) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials.
(6) Standing
Any Member of Congress who makes a request for ethics-related information from the Board or a Federal reserve bank under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Board or the Federal reserve bank, as applicable, from withholding records of the Board or the Federal reserve bank, as applicable, and to order the production of any records of the Board or the Federal reserve bank, as applicable, improperly withheld from the Member of Congress in the same manner as any other person under that section.
(a) Bureau of Consumer Financial Protection
Subtitle A of title X of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5491 et seq.) is amended by inserting after section 1016B (12 U.S.C. 5496b) the following:
(c) Priority of requests from Members of Congress
Any request for ethics-related information from the Bureau under section 552 of title 5, United States Code, made by a Member of Congress—
(1) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and
(2) shall be processed without charging any fee to the Member of Congress.
(d) Common law privileges
Notwithstanding any other provision of law, the Bureau may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege.
(e) Maintenance and security of materials
With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Bureau, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall—
(1) have responsibility for the maintenance and security of those materials; and
(2) ensure that—
(A) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee;
(B) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Bureau;
(C) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and
(D) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials.
(f) Standing
Any Member of Congress who makes a request for ethics-related information from the Bureau under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Bureau from withholding records of the Bureau and to order the production of any records of the Bureau improperly withheld from the Member of Congress in the same manner as any other person under that section.
(b) Federal Deposit Insurance Corporation
The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by adding at the end the following:
(c) Priority of requests from Members of Congress
Any request for ethics-related information from the Corporation under section 552 of title 5, United States Code, made by a Member of Congress—
(1) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and
(2) shall be processed without charging any fee to the Member of Congress.
(d) Common law privileges
Notwithstanding any other provision of law, the Corporation may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege.
(e) Maintenance and security of materials
With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Corporation, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall—
(1) have responsibility for the maintenance and security of those materials; and
(2) ensure that—
(A) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee;
(B) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Corporation;
(C) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and
(D) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials.
(f) Standing
Any Member of Congress who makes a request for ethics-related information from the Corporation under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Corporation from withholding records of the Corporation and to order the production of any records of the Corporation improperly withheld from the Member of Congress in the same manner as any other person under that section.
(c) Securities and Exchange Commission
The Securities Exchange Act of 1934 (12 U.S.C. 78a et seq.) is amended by inserting after section 4E (12 U.S.C. 78d–5) the following:
(c) Priority of requests from Members of Congress
Any request for ethics-related information from the Commission under section 552 of title 5, United States Code, made by a Member of Congress—
(1) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and
(2) shall be processed without charging any fee to the Member of Congress.
(d) Common law privileges
Notwithstanding any other provision of law, the Commission may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege.
(e) Maintenance and security of materials
With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Commission, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall—
(1) have responsibility for the maintenance and security of those materials; and
(2) ensure that—
(A) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee;
(B) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Commission;
(C) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and
(D) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials.
(f) Standing
Any Member of Congress who makes a request for ethics-related information from the Commission under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Commission from withholding records of the Commission and to order the production of any records of the Commission improperly withheld from the Member of Congress in the same manner as any other person under that section.
(d) National Credit Union Administration
Title I of the Federal Credit Union Act (12 U.S.C. 1752 et seq.) is amended by adding at the end the following:
(c) Priority of requests from Members of Congress
Any request for ethics-related information from the Administration under section 552 of title 5, United States Code, made by a Member of Congress—
(1) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and
(2) shall be processed without charging any fee to the Member of Congress.
(d) Common law privileges
Notwithstanding any other provision of law, the Administration may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege.
(e) Maintenance and security of materials
With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Administration, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall—
(1) have responsibility for the maintenance and security of those materials; and
(2) ensure that—
(A) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee;
(B) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Administration;
(C) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and
(D) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials.
(f) Standing
Any Member of Congress who makes a request for ethics-related information from the Administration under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Administration from withholding records of the Administration and to order the production of any records of the Administration improperly withheld from the Member of Congress in the same manner as any other person under that section.
(e) Office of the Comptroller of the Currency
The Revised Statutes of the United States is amended by inserting after section 333 (12 U.S.C. 14) the following:
(c) Priority of requests from Members of Congress
Any request for ethics-related information from the Office under section 552 of title 5, United States Code, made by a Member of Congress—
(1) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and
(2) shall be processed without charging any fee to the Member of Congress.
(d) Common law privileges
Notwithstanding any other provision of law, the Office may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege.
(e) Maintenance and security of materials
With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Office, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall—
(1) have responsibility for the maintenance and security of those materials; and
(2) ensure that—
(A) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee;
(B) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Office;
(C) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and
(D) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials.
(f) Standing
Any Member of Congress who makes a request for ethics-related information from the Office under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Office from withholding records of the Office and to order the production of any records of the Office improperly withheld from the Member of Congress in the same manner as any other person under that section.
(f) Federal Housing Finance Agency
Part 1 of subtitle A of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4511 et seq.) is amended by adding at the end the following:
(c) Priority of requests from Members of Congress
Any request for ethics-related information from the Agency under section 552 of title 5, United States Code, made by a Member of Congress—
(1) shall be prioritized ahead of requests for information made by persons other than Members of Congress; and
(2) shall be processed without charging any fee to the Member of Congress.
(d) Common law privileges
Notwithstanding any other provision of law, the Agency may not withhold ethics-related information requested by a Member of Congress under section 552 of title 5, United States Code, on the basis that the information is privileged pursuant to a common law privilege, such as the deliberative process privilege, attorney-client privilege, or attorney work product privilege.
(e) Maintenance and security of materials
With respect to any materials related to ethics-related information that are received by or in the possession of a Member of Congress or any staff member of a Member of Congress in response to a request made by a Member of Congress under section 552 of title 5, United States Code, from the Agency, the chief clerk of the Committee on Banking, Housing, and Urban Affairs of the Senate, with respect to the Senate, and the chief clerk of the Committee on Financial Services of the House of Representatives, with respect to the House of Representatives, shall—
(1) have responsibility for the maintenance and security of those materials; and
(2) ensure that—
(A) the materials are stored in a safe with a combination lock by the chief clerk of the relevant committee in the offices of the relevant committee;
(B) the materials do not leave the relevant committee, except for a Member of Congress or any staff member of a Member of Congress to review the materials in a congressional office or to return the materials to the Agency;
(C) a Member of Congress or any staff member of a Member of Congress shall review the materials in a congressional office; and
(D) a Member of Congress or any staff member of a Member of Congress shall keep the materials in their physical custody when reviewing them and keep the materials in the safe of the chief clerk of the relevant committee when not reviewing the materials.
(f) Standing
Any Member of Congress who makes a request for ethics-related information from the Agency under section 552 of title 5, United States Code, has standing to file in the appropriate district court of the United States an action to enjoin the Agency from withholding records of the Agency and to order the production of any records of the Agency improperly withheld from the Member of Congress in the same manner as any other person under that section.
(a) Amendments to the Inspector General Act of 1978
The Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(1) in section 8G—
(A) in subsection (a)(2), by striking the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection,;
(B) in subsection (c), by striking the third and fourth sentences; and
(C) in subsection (g)—
(i) by striking paragraph (3); and
(ii) by redesignating paragraph (4) as paragraph (3);
(2) in section 8J, by striking or 8N and inserting 8K, or 8N;
(3) by inserting after section 8J the following:
(a) In general
The Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection shall have all of the authorities and responsibilities provided by this Act—
(1) with respect to the Bureau of Consumer Financial Protection, as if the Bureau were part of the Board of Governors of the Federal Reserve System; and
(2) with respect to a Federal reserve bank without the permission of the Federal reserve bank.
(b) Relationship to Department of Treasury
The provisions of subsection (a) of section 8D (other than the provisions of subparagraphs (A), (B), (C), and (E) of subsection (a)(1)) shall apply to the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection and the Chairman of the Board of Governors of the Federal Reserve System in the same manner as such provisions apply to the Inspector General of the Department of the Treasury and the Secretary of the Treasury, respectively.; and
(4) in section 12—
(A) in paragraph (1), by inserting the Chairman of the Board of Governors of the Federal Reserve System; after National Security Agency;; and
(B) in paragraph (2), by inserting the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection, after National Security Agency,.