117 S5025 IS: Fair Hiring in Banking Act U.S. Senate 2022-09-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS2d SessionS. 5025IN THE SENATE OF THE UNITED STATESSeptember 29, 2022Mr. Manchin (for himself, Mr. Tillis, Mr. Van Hollen, and Mr. Coons) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo amend the Federal Deposit Insurance Act and the Federal Credit Union Act to provide exceptions to the prohibition on participation by individuals convicted of certain offenses, and for other purposes.

1.

Short title

This Act may be cited as the Fair Hiring in Banking Act.

2.

Penalties for unauthorized participation by convicted individual

(a)

Insured depository institutions

Section 19(a) of the Federal Deposit Insurance Act (12 U.S.C. 1829(a)) is amended by adding at the end the following:(3)

Prior written consent not required

(A)

In general

Except as provided in subparagraph (B), the prior written consent of the Corporation shall not be required under paragraph (1) for any person who has been convicted of an offense referred to in paragraph (1)(A) or has agreed to enter into a pretrial diversion or similar program with a prosecution for such an offense—(i)after the 7-year period beginning on the date that the sentencing or program requirements in connection with the conviction or pretrial diversion or similar program have been completed;(ii)after the 30-month period beginning on the date that the sentencing or program requirements in connection with the conviction or pretrial diversion or similar program have been completed if the person who committed the offense was under 21 years of age; or(iii)if the conviction or agreement for such offense has been pardoned, sealed, or expunged even if any record of the conviction or program entry remain accessible by courts, law enforcement, or in connection with the employment or application for employment of the person in a position where a criminal background check is required by law.(B)

Exceptions

Subparagraph (A) shall not apply to—(i)any offense described in paragraph (2)(A);(ii)any person who intends to acquire control of any insured depository institution; or(iii)any person who seeks to become a director or executive officer of any insured depository institution.(C)

Definitions

In this paragraph—(i)the term control has the meaning given the term in section 7(j)(8); and(ii)the term executive officer has the meaning given the term in section 22(h) of the Federal Reserve Act (12 U.S.C. 375b(h))..(b)

Insured credit unions

Section 205(d) of the Federal Credit Union Act (12 U.S.C. 1785(d)) is amended by adding at the end the following:(4)

Prior written consent not required

(A)

In general

Except as provided in subparagraph (B), the prior written consent of the Board shall not be required under paragraph (1) for any person who has been convicted of an offense referred to in paragraph (1)(A) or has agreed to enter into a pretrial diversion or similar program with a prosecution for such an offense—(i)after the 7-year period beginning on the date that the sentencing or program requirements in connection with the conviction or pretrial diversion or similar program have been completed;(ii)after the 30-month period beginning on the date that the sentencing or program requirements in connection with the conviction or pretrial diversion or similar program have been completed if the person who committed the offense was under 21 years of age; or(iii)if the conviction or agreement for such offense has been pardoned, sealed, or expunged even if any record of the conviction or program entry remain accessible by courts, law enforcement, or in connection with the employment or application for employment of the person in a position where a criminal background check is required by law.(B)

Exceptions

Subparagraph (A) shall not apply to—(i)any offense described in paragraph (2)(A); or(ii)any person who seeks to become a director or senior executive officer, as defined under section 212(f)..