II 

117TH CONGRESS 

2D SESSION S. 5025 

To 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. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2022 

Mr. 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 Affairs 

A BILL 

To 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair Hiring in Bank5 ing Act’’. 


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1 SEC. 2. PENALTIES FOR UNAUTHORIZED PARTICIPATION 

2 BY CONVICTED INDIVIDUAL. 

3 (a) INSURED DEPOSITORY INSTITUTIONS.—Section 

4 19(a) of the Federal Deposit Insurance Act (12 U.S.C. 

5 1829(a)) is amended by adding at the end the following: 

6 ‘‘(3) PRIOR WRITTEN CONSENT NOT RE7 QUIRED.— 

8 ‘‘(A) IN GENERAL.—Except as provided in 

9 subparagraph (B), the prior written consent of 

10 the Corporation shall not be required under 

11 paragraph (1) for any person who has been con12 victed of an offense referred to in paragraph 

13 (1)(A) or has agreed to enter into a pretrial di14 version or similar program with a prosecution 

15 for such an offense— 

16 ‘‘(i) after the 7-year period beginning 

17 on the date that the sentencing or program 

18 requirements in connection with the convic19 tion or pretrial diversion or similar pro20 gram have been completed; 

21 ‘‘(ii) after the 30-month period begin22 ning on the date that the sentencing or 

23 program requirements in connection with 

24 the conviction or pretrial diversion or simi25 lar program have been completed if the 


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1 person who committed the offense was 

2 under 21 years of age; or 

3 ‘‘(iii) if the conviction or agreement 

4 for such offense has been pardoned, sealed, 

5 or expunged even if any record of the con6 viction or program entry remain accessible 

7 by courts, law enforcement, or in connec8 tion with the employment or application 

9 for employment of the person in a position 

10 where a criminal background check is re11 quired by law. 

12 ‘‘(B) EXCEPTIONS.—Subparagraph (A) 

13 shall not apply to— 

14 ‘‘(i) any offense described in para15 graph (2)(A); 

16 ‘‘(ii) any person who intends to ac17 quire control of any insured depository in18 stitution; or 

19 ‘‘(iii) any person who seeks to become 

20 a director or executive officer of any in21 sured depository institution. 

22 ‘‘(C) DEFINITIONS.—In this paragraph— 

23 ‘‘(i) the term ‘control’ has the mean24 ing given the term in section 7(j)(8); and 


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1 ‘‘(ii) the term ‘executive officer’ has 

2 the meaning given the term in section 

3 22(h) of the Federal Reserve Act (12 

4 U.S.C. 375b(h)).’’. 

5 (b) INSURED CREDIT UNIONS.—Section 205(d) of 

6 the Federal Credit Union Act (12 U.S.C. 1785(d)) is 

7 amended by adding at the end the following: 

8 ‘‘(4) PRIOR WRITTEN CONSENT NOT RE9 QUIRED.— 

10 ‘‘(A) IN GENERAL.—Except as provided in 

11 subparagraph (B), the prior written consent of 

12 the Board shall not be required under para13 graph (1) for any person who has been con14 victed of an offense referred to in paragraph 

15 (1)(A) or has agreed to enter into a pretrial di16 version or similar program with a prosecution 

17 for such an offense— 

18 ‘‘(i) after the 7-year period beginning 

19 on the date that the sentencing or program 

20 requirements in connection with the convic21 tion or pretrial diversion or similar pro22 gram have been completed; 

23 ‘‘(ii) after the 30-month period begin24 ning on the date that the sentencing or 

25 program requirements in connection with 


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1 the conviction or pretrial diversion or simi2 lar program have been completed if the 

3 person who committed the offense was 

4 under 21 years of age; or 

5 ‘‘(iii) if the conviction or agreement 

6 for such offense has been pardoned, sealed, 

7 or expunged even if any record of the con8 viction or program entry remain accessible 

9 by courts, law enforcement, or in connec10 tion with the employment or application 

11 for employment of the person in a position 

12 where a criminal background check is re13 quired by law. 

14 ‘‘(B) EXCEPTIONS.—Subparagraph (A) 

15 shall not apply to— 

16 ‘‘(i) any offense described in para17 graph (2)(A); or 

18 ‘‘(ii) any person who seeks to become 

19 a director or senior executive officer, as de20 fined under section 212(f).’’. 

Æ 


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