[Congressional Record Volume 161, Number 80 (Friday, May 22, 2015)]
[Senate]
[Pages S3304-S3305]
FOIA IMPROVEMENT ACT OF 2015
Mr. BROWN. I recognize the principles of this legislation, which
seeks to increase government transparency, but as the ranking member of
the Senate Banking Committee, I also recognize the need for regulatory
agencies to thoroughly fulfill their oversight and supervisory
responsibilities over our Nation's financial institutions and the
health and welfare of our financial system. The financial regulatory
agencies are responsible for ensuring the safety and soundness of the
financial system, compliance with Federal consumer financial law, and
promoting fair, orderly, and efficient financial markets. Effective
regulation requires that financial regulators have full access to
information from regulated entities, and regulated entities should be
confident that regulators will be able to protect an entity's
confidential information from disclosure. Congress provided for this
important exchange of information in the Freedom of Information Act,
FOIA, by protecting supervisory information specifically in 5 U.S.C.
Sec. 552(b)(8), commonly referred to as exemption 8, and more generally
in other exemptions. Accordingly, I appreciate that S. 337 does not
intend to limit the scope of the protections under exemption 8, or
other exemptions relevant to financial regulators; nor does the bill
intend to require release of confidential information about
individuals, or information that a financial institution may have, the
release of which could compromise the stability of the financial
institution or the financial system, or undermine regulators' consumer
protection efforts. Because the release of confidential or sensitive
information relating to the supervision of regulated entities could
cause harm to such entities, their customers, or the financial system,
a financial regulatory agency could reasonably foresee that disclosure
of such information requested under FOIA may harm an interest protected
by exemption 8. This is precisely why Congress continues to provide
these statutory exemptions.
Mr. LEAHY. I thank Senator Brown for his interest and support for
this legislation. I agree that the safety and soundness of our
financial system and financial institutions depends on our financial
regulators' ability to perform effective oversight and supervision of
financial institutions. I also agree that the free flow of information
between regulators and financial institutions is important to this
process. Exemption 8 was intended by Congress, and has been interpreted
by the courts, to be very broadly construed to ensure the security of
financial institutions and to safeguard the relationship between
financial institutions and their supervising agencies. The proposed
amendments to FOIA are not intended to undermine the broad protection
in exemption 8 or to undermine the integrity of the supervisory
examination process. In addition, I note that some information that the
government may withhold under exemption 8 is also protected under
exemption 4, which exempts from disclosure commercial and financial
information that is privileged or confidential. Exemption 4 covers
information prohibited from disclosure under the Trade Secrets Act and
similar laws, and as such does not provide for discretionary disclosure
under FOIA. As with other exemptions that are based on separate legal
restrictions, it is understood that the foreseeable harm standard will
not apply to most of the information falling under exemption 4. I will
continue to work with the banking committee and financial regulatory
agencies to clarify the scope of the bill as we move forward in the
legislative process and address any remaining concerns.
Mr. CORNYN. I, too, thank Senator Brown for his remarks and for his
interest and support for this legislation. I agree with Senator Leahy
that the important goals of this bill are not intended to impede
regulatory agencies' oversight and supervisory responsibilities, nor
are they meant to hinder communication between financial regulators and
the institutions that they regulate. I agree that it is important to
ensure that our financial regulators are able to do the work required
to maintain the safety and soundness of our financial system. I will
also work with the chair and ranking member of the banking committee
and the financial regulatory agencies to address any remaining concerns
on this issue as we advance this very important piece of legislation.
Mr. BROWN. I thank Senator Cornyn and Senator Leahy for their work on
this important legislation and for working with me to clarify the scope
of this bill. I hope Senator Cornyn and Senator Leahy continue to work
on these issues with the financial regulatory agencies, including if
the bill is considered in any conference with the House of
Representatives, to ensure that this new standard will not undermine
the broad protections currently afforded to confidential supervisory
information and in turn undermine the
[[Page S3305]]
cooperative relationship between regulators and their supervised
institutions.
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