[国会记录第161卷，第80号（2015年5月22日星期五）] [参议院] [第S3304-S3305] FOIA改善法案2015年Brown先生。我认识到这项立法的原则，旨在提高政府透明度，而作为参议院银行委员会的排名成员，我也认识到监管机构需要彻底履行对我们国家金融机构和健康的监督和监督责任我们金融体系的福利。金融监管机构负责确保金融体系的安全性和健全性，遵守联邦消费者金融法，促进公平，有序，高效的金融市场。有效的监管要求金融监管机构可以全面获取受监管实体的信息，监管实体应相信监管机构能够保护实体的机密信息免受披露。国会通过在5 U.S.C中专门保护监督信息，为信息法案自由而提供这一重要信息交流。秒。552（b）（8），通常被称为豁免8，更普遍豁免。因此，我很欣赏，337不打算限制豁免保障范围，或与金融监管机构有关的其他豁免;法案尚未要求发布有关个人的机密信息，或者金融机构可能拥有的信息，释放其可能会损害金融机构或金融体系的稳定，或者破坏监管机构的消费者保护努力。 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. ____________________