Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fair Hiring in Banking 
Act’’. 
SEC. 2. FEDERAL DEPOSIT INSURANCE ACT. 
Section 19 of the Federal Deposit Insurance Act (12 
U.S.C. 1829) is amended— 
(1) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) EXCEPTIONS.— 
‘‘(1) CERTAIN OLDER OFFENSES.— 
‘‘(A) IN GENERAL.—With respect to an in-
dividual, subsection (a) shall not apply to an of-
fense if— 
‘‘(i) it has been 7 years or more since 
the offense occurred; or 
‘‘(ii) the individual was incarcerated 
with respect to the offense and it has been 
5 years or more since the individual was re-
leased from incarceration. 
‘‘(B) OFFENSES
COMMITTED
BY
INDIVID-
UALS
OR
YOUNGER.—For individuals who 
committed an offense when they were 21 years of 
age or younger, subsection (a) shall not apply to 
VerDate Sep 11 2014 
00:32 May 11, 2022
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\H5911.RH
H5911
kjohnson on DSK79L0C42PROD with BILLS
the offense if it has been more than 30 months 
since the sentencing occurred. 
‘‘(C) LIMITATION.—This paragraph shall 
not apply to an offense described under sub-
section (a)(2). 
‘‘(2) EXPUNGEMENT AND SEALING.—With respect 
to an individual, subsection (a) shall not apply to an 
offense if— 
‘‘(A) there is an order of expungement, seal-
ing, or dismissal that has been issued in regard 
to the conviction in connection with such offense; 
and 
‘‘(B) it is intended by the language in the 
order itself, or in the legislative provisions under 
which the order was issued, that the conviction 
shall be destroyed or sealed from the individual’s 
State or Federal record, even if exceptions allow 
the record to be considered for certain character 
and fitness evaluation purposes. 
‘‘(3) DE MINIMIS EXEMPTION.— 
‘‘(A) IN GENERAL.—Subsection (a) shall not 
apply to such de minimis offenses as the Cor-
poration determines, by rule. 
‘‘(B) CONFINEMENT CRITERIA.—In issuing 
rules under subparagraph (A), the Corporation 
VerDate Sep 11 2014 
00:32 May 11, 2022
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H5911.RH
H5911
kjohnson on DSK79L0C42PROD with BILLS
shall include a requirement that the offense was 
punishable by a term of three years or less con-
fined in a correctional facility, where such con-
finement— 
‘‘(i) is calculated based on the time an 
individual spent incarcerated as a punish-
ment or a sanction, not as pretrial deten-
tion; and 
‘‘(ii) does not include probation or pa-
role where an individual was restricted to a 
particular jurisdiction or was required to 
report occasionally to an individual or a 
specific location. 
‘‘(C) BAD CHECK CRITERIA.—In setting the 
criteria for de minimis offenses under subpara-
graph (A), if the Corporation establishes criteria 
with respect to insufficient funds checks, the Cor-
poration shall require that the aggregate total 
face value of all insufficient funds checks across 
all convictions or program entries related to in-
sufficient funds checks is $2,000 or less. 
‘‘(D) DESIGNATED
LESSER
OFFENSES.— 
Subsection (a) shall not apply to certain lesser 
offenses (including the use of a fake ID, shop-
lifting, trespass, fare evasion, driving with an 
VerDate Sep 11 2014 
00:32 May 11, 2022
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H5911.RH
H5911
kjohnson on DSK79L0C42PROD with BILLS
expired license or tag, and such other low-risk of-
fenses as the Corporation may designate) if 1 
year or more has passed since the applicable con-
viction or program entry.’’; and 
(2) by adding at the end the following: 
‘‘(f) CONSENT APPLICATIONS.— 
‘‘(1) IN GENERAL.—The Corporation shall accept 
consent applications from an individual and from an 
insured depository institution or depository institu-
tion holding company on behalf of an individual that 
are filed separately or contemporaneously with a re-
gional office of the Corporation. 
‘‘(2) SPONSORED APPLICATIONS FILED WITH RE-
GIONAL OFFICES.—Consent applications filed at a re-
gional office of the Corporation by an insured deposi-
tory institution or depository institution holding 
company on behalf of an individual— 
‘‘(A) shall be reviewed by such office; 
‘‘(B) may be approved or denied by such of-
fice, if such authority has been delegated to such 
office by the Corporation; and 
‘‘(C) may only be denied by such office if 
the general counsel of the Corporation (or a des-
ignee) certifies that the denial is consistent with 
this section. 
VerDate Sep 11 2014 
00:32 May 11, 2022
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H5911.RH
H5911
kjohnson on DSK79L0C42PROD with BILLS
‘‘(3) INDIVIDUAL APPLICATIONS FILED WITH RE-
GIONAL OFFICES.—Consent applications filed at a re-
gional office by an individual— 
‘‘(A) shall be reviewed by such office; and 
‘‘(B) may be approved or denied by such of-
fice, if such authority has been delegated to such 
office by the Corporation, except with respect 
to— 
‘‘(i) cases involving an offense de-
scribed under subsection (a)(2); and 
‘‘(ii) such other high-level security 
cases as may be designated by the Corpora-
tion. 
‘‘(4) NATIONAL OFFICE REVIEW.—The national 
office of the Corporation shall— 
‘‘(A) review any consent application with 
respect to which a regional office is not author-
ized to approve or deny the application; and 
‘‘(B) review any consent application that is 
denied by a regional office, if the individual re-
quests a review by the national office. 
‘‘(5) FORMS AND INSTRUCTIONS.— 
‘‘(A) AVAILABILITY.—The Corporation shall 
make all forms and instructions related to con-
VerDate Sep 11 2014 
00:32 May 11, 2022
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H5911.RH
H5911
kjohnson on DSK79L0C42PROD with BILLS
sent applications available to the public, includ-
ing on the website of the Corporation. 
‘‘(B) CONTENTS.—The forms and instruc-
tions described under subparagraph (A) shall 
provide a sample cover letter and a comprehen-
sive list of items that may accompany the appli-
cation, including clear guidance on evidence that 
may support a finding of rehabilitation. 
‘‘(6) CONSIDERATION OF CRIMINAL HISTORY.— 
‘‘(A) REGIONAL OFFICE CONSIDERATION.— 
In reviewing a consent application, a regional 
office shall— 
‘‘(i) primarily rely on the criminal 
history record of the Federal Bureau of In-
vestigation; and 
‘‘(ii) provide such record to the appli-
cant to review for accuracy. 
‘‘(B) CERTIFIED COPIES.—The Corporation 
may not require an applicant to provide cer-
tified copies of criminal history records unless 
the Corporation determines that there is a clear 
and compelling justification to require addi-
tional information to verify the accuracy of the 
criminal history record of the Federal Bureau of 
Investigation. 
VerDate Sep 11 2014 
00:32 May 11, 2022
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H5911.RH
H5911
kjohnson on DSK79L0C42PROD with BILLS
‘‘(7) CONSIDERATION
OF
REHABILITATION.— 
Consistent with title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq.), the Corporation 
shall— 
‘‘(A) conduct an individualized assessment 
when evaluating consent applications that takes 
into account evidence of rehabilitation, the ap-
plicant’s age at the time of the conviction or pro-
gram entry, the time that has elapsed since con-
viction or program entry, and the relationship of 
individual’s offense to the responsibilities of the 
applicable position; 
‘‘(B) consider the individual’s employment 
history, letters of recommendation, certificates 
documenting participation in substance abuse 
programs, successful participating in job prepa-
ration and educational programs, and other rel-
evant mitigating evidence; and 
‘‘(C) consider any additional information 
the Corporation determines necessary for safety 
and soundness. 
‘‘(8) SCOPE OF EMPLOYMENT.—With respect to 
an approved consent application filed by an insured 
depository institution or depository institution hold-
ing company on behalf of an individual, if the Cor-
VerDate Sep 11 2014 
00:32 May 11, 2022
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H5911.RH
H5911
kjohnson on DSK79L0C42PROD with BILLS
poration determines it appropriate, such approved 
consent application shall allow the individual to work 
for the same employer (without restrictions on the lo-
cation) and across positions, except that the prior 
consent of the Corporation (which may require a new 
application) shall be required for any proposed sig-
nificant changes in the individual’s security-related 
duties or responsibilities, such as promotion to an of-
ficer or other positions that the employer determines 
will require higher security screening credentials. 
‘‘(9) COORDINATION WITH THE NCUA.—In car-
rying out this section, the Corporation shall consult 
and coordinate with the National Credit Union Ad-
ministration as needed to promote consistent imple-
mentation where appropriate. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) CONSENT APPLICATION.—The term ‘consent 
application’ means an application filed with Cor-
poration by an individual (or by an insured deposi-
tory institution or depository institution holding 
company on behalf of an individual) seeking the writ-
ten consent of the Corporation under subsection 
(a)(1). 
VerDate Sep 11 2014 
00:32 May 11, 2022
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H5911.RH
H5911
kjohnson on DSK79L0C42PROD with BILLS
‘‘(2) CRIMINAL
OFFENSE
INVOLVING
DISHON-
ESTY.—The term ‘criminal offense involving dishon-
esty’— 
‘‘(A) means an offense under which an indi-
vidual, directly or indirectly— 
‘‘(i) cheats or defrauds; or 
‘‘(ii) wrongfully takes property belong-
ing to another in violation of a criminal 
statute; 
‘‘(B) includes an offense that Federal, State, 
or local law defines as dishonest, or for which 
dishonesty is an element of the offense; and 
‘‘(C) does not include— 
‘‘(i) a misdemeanor criminal offense 
committed more than one year before the 
date on which an individual files a consent 
application, excluding any period of incar-
ceration; or 
‘‘(ii) an offense involving the posses-
sion of controlled substances. 
‘‘(3) PRETRIAL
DIVERSION
OR
SIMILAR
PRO-
GRAM.—The term ‘pretrial diversion or similar pro-
gram’ means a program characterized by a suspen-
sion or eventual dismissal or reversal of charges or 
criminal prosecution upon agreement by the accused 
VerDate Sep 11 2014 
00:32 May 11, 2022
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H5911.RH
H5911
kjohnson on DSK79L0C42PROD with BILLS
to restitution, drug or alcohol rehabilitation, anger 
management, or community service.’’. 
SEC. 3. FEDERAL CREDIT UNION ACT. 
Section 205(d) of the Federal Credit Union Act (12 
U.S.C. 1785(d)) is amended by adding at the end the fol-
lowing: 
‘‘(4) EXCEPTIONS.— 
‘‘(A) CERTAIN OLDER OFFENSES.— 
‘‘(i) IN GENERAL.—With respect to an 
individual, paragraph (1) shall not apply 
to an offense if— 
‘‘(I) it has been 7 years or more 
since the offense occurred; or 
‘‘(II) the individual was incarcer-
ated with respect to the offense and it 
has been 5 years or more since the in-
dividual was released from incarcer-
ation. 
‘‘(ii) OFFENSES COMMITTED BY INDI-
VIDUALS 21 OR YOUNGER.—For individuals 
who committed an offense when they were 
21 years of age or younger, paragraph (1) 
shall not apply to the offense if it has been 
more than 30 months since the sentencing 
occurred. 
VerDate Sep 11 2014 
00:32 May 11, 2022
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H5911.RH
H5911
kjohnson on DSK79L0C42PROD with BILLS
‘‘(iii) 
LIMITATION.—This 
subpara-
graph shall not apply to an offense de-
scribed under paragraph (1)(B). 
‘‘(B) EXPUNGEMENT AND SEALING.—With 
respect to an individual, paragraph (1) shall not 
apply to an offense if— 
‘‘(i) there is an order of expungement, 
sealing, or dismissal that has been issued in 
regard to the conviction in connection with 
such offense; and 
‘‘(ii) it is intended by the language in 
the order itself, or in the legislative provi-
sions under which the order was issued, that 
the conviction shall be destroyed or sealed 
from the individual’s State or Federal 
record, even if exceptions allow the record to 
be considered for certain character and fit-
ness evaluation purposes. 
‘‘(C) DE MINIMIS EXEMPTION.— 
‘‘(i) IN
GENERAL.—Paragraph (1) 
shall not apply to such de minimis offenses 
as the Board determines, by rule. 
‘‘(ii) 
CONFINEMENT
CRITERIA.—In 
issuing rules under clause (i), the Board 
shall include a requirement that the offense 
VerDate Sep 11 2014 
00:32 May 11, 2022
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H5911.RH
H5911
kjohnson on DSK79L0C42PROD with BILLS
was punishable by a term of three years or 
less confined in a correctional facility, 
where such confinement— 
‘‘(I) is calculated based on the 
time an individual spent incarcerated 
as a punishment or a sanction, not as 
pretrial detention; and 
‘‘(II) does not include probation 
or parole where an individual was re-
stricted to a particular jurisdiction or 
was required to report occasionally to 
an individual or a specific location. 
‘‘(iii) BAD CHECK CRITERIA.—In set-
ting the criteria for de minimis offenses 
under clause (i), if the Board establishes 
criteria with respect to insufficient funds 
checks, the Board shall require that the ag-
gregate total face value of all insufficient 
funds checks across all convictions or pro-
gram entries related to insufficient funds 
checks is $2,000 or less. 
‘‘(iv) 
DESIGNATED
LESSER
OF-
FENSES.—Paragraph (1) shall not apply to 
certain lesser offenses (including the use of 
a fake ID, shoplifting, trespass, fare eva-
VerDate Sep 11 2014 
00:32 May 11, 2022
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H5911.RH
H5911
kjohnson on DSK79L0C42PROD with BILLS
sion, driving with an expired license or tag, 
and such other low-risk offenses as the 
Board may designate) if 1 year or more has 
passed since the applicable conviction or 
program entry. 
‘‘(5) CONSENT APPLICATIONS.— 
‘‘(A) IN GENERAL.—The Board shall accept 
consent applications from an individual and 
from an insured credit union on behalf of an in-
dividual that are filed separately or contempora-
neously with a regional office of the Board. 
‘‘(B) 
SPONSORED
APPLICATIONS
FILED 
WITH REGIONAL OFFICES.—Consent applications 
filed at a regional office of the Board by an in-
sured credit union on behalf of an individual— 
‘‘(i) shall be reviewed by such office; 
‘‘(ii) may be approved or denied by 
such office, if such authority has been dele-
gated to such office by the Board; and 
‘‘(iii) may only be denied by such of-
fice if the general counsel of the Board (or 
a designee) certifies that the denial is con-
sistent with this section. 
VerDate Sep 11 2014 
00:32 May 11, 2022
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6203
E:\BILLS\H5911.RH
H5911
kjohnson on DSK79L0C42PROD with BILLS
‘‘(C) 
INDIVIDUAL
APPLICATIONS
FILED 
WITH REGIONAL OFFICES.—Consent applications 
filed at a regional office by an individual— 
‘‘(i) shall be reviewed by such office; 
and 
‘‘(ii) may be approved or denied by 
such office, if such authority has been dele-
gated to such office by the Board, except 
with respect to— 
‘‘(I) cases involving an offense de-
scribed under paragraph (1)(B); and 
‘‘(II) such other high-level security 
cases as may be designated by the 
Board. 
‘‘(D) NATIONAL OFFICE REVIEW.—The na-
tional office of the Board shall— 
‘‘(i) review any consent application 
with respect to which a regional office is not 
authorized to approve or deny the applica-
tion; and 
‘‘(ii) review any consent application 
that is denied by a regional office, if the in-
dividual requests a review by the national 
office. 
‘‘(E) FORMS AND INSTRUCTIONS.— 
VerDate Sep 11 2014 
00:32 May 11, 2022
Jkt 029200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6203
E:\BILLS\H5911.RH
H5911
kjohnson on DSK79L0C42PROD with BILLS
‘‘(i) AVAILABILITY.—The Board shall 
make all forms and instructions related to 
consent applications available to the public, 
including on the website of the Board. 
‘‘(ii) CONTENTS.—The forms and in-
structions described under clause (i) shall 
provide a sample cover letter and a com-
prehensive list of items that may accom-
pany the application, including clear guid-
ance on evidence that may support a find-
ing of rehabilitation. 
‘‘(F) CONSIDERATION
OF
CRIMINAL
HIS-
TORY.— 
‘‘(i) 
REGIONAL
OFFICE
CONSIDER-
ATION.—In reviewing a consent applica-
tion, a regional office shall— 
‘‘(I) primarily rely on the crimi-
nal history record of the Federal Bu-
reau of Investigation; and 
‘‘(II) provide such record to the 
applicant to review for accuracy. 
‘‘(ii) CERTIFIED COPIES.—The Board 
may not require an applicant to provide 
certified copies of criminal history records 
unless the Board determines that there is a 
VerDate Sep 11 2014 
00:32 May 11, 2022
Jkt 029200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6203
E:\BILLS\H5911.RH
H5911
kjohnson on DSK79L0C42PROD with BILLS
clear and compelling justification to require 
additional information to verify the accu-
racy of the criminal history record of the 
Federal Bureau of Investigation. 
‘‘(G) 
CONSIDERATION
OF
REHABILITA-
TION.—Consistent with title VII of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e et seq.), the 
Board shall— 
‘‘(i) conduct an individualized assess-
ment when evaluating consent applications 
that takes into account evidence of rehabili-
tation, the applicant’s age at the time of the 
conviction or program entry, the time that 
has elapsed since conviction or program 
entry, and the relationship of individual’s 
offense to the responsibilities of the applica-
ble position; 
‘‘(ii) consider the individual’s employ-
ment history, letters of recommendation, 
certificates documenting participation in 
substance abuse programs, successful par-
ticipating in job preparation and edu-
cational programs, and other relevant miti-
gating evidence; and 
VerDate Sep 11 2014 
00:32 May 11, 2022
Jkt 029200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\H5911.RH
H5911
kjohnson on DSK79L0C42PROD with BILLS
‘‘(iii) consider any additional informa-
tion the Board determines necessary for 
safety and soundness. 
‘‘(H) SCOPE
OF
EMPLOYMENT.—With re-
spect to an approved consent application filed by 
an insured credit union on behalf of an indi-
vidual, if the Board determines it appropriate, 
such approved consent application shall allow 
the individual to work for the same employer 
(without restrictions on the location) and across 
positions, except that the prior consent of the 
Board (which may require a new application) 
shall be required for any proposed significant 
changes in the individual’s security-related du-
ties or responsibilities, such as promotion to an 
officer or other positions that the employer deter-
mines will require higher security screening cre-
dentials. 
‘‘(I) COORDINATION
WITH
FDIC.—In car-
rying out this subsection, the Board shall consult 
and coordinate with the Federal Deposit Insur-
ance Corporation as needed to promote consistent 
implementation where appropriate. 
‘‘(6) DEFINITIONS.—In this subsection: 
VerDate Sep 11 2014 
00:32 May 11, 2022
Jkt 029200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6203
E:\BILLS\H5911.RH
H5911
kjohnson on DSK79L0C42PROD with BILLS
‘‘(A) CONSENT
APPLICATION.—The term 
‘consent application’ means an application filed 
with Board by an individual (or by an insured 
credit union on behalf of an individual) seeking 
the written consent of the Board under para-
graph (1)(A). 
‘‘(B) CRIMINAL
OFFENSE
INVOLVING
DIS-
HONESTY.—The term ‘criminal offense involving 
dishonesty’— 
‘‘(i) means an offense under which an 
individual, directly or indirectly— 
‘‘(I) cheats or defrauds; or 
‘‘(II) wrongfully takes property 
belonging to another in violation of a 
criminal statute; 
‘‘(ii) includes an offense that Federal, 
State, or local law defines as dishonest, or 
for which dishonesty is an element of the of-
fense; and 
‘‘(iii) does not include— 
‘‘(I) a misdemeanor criminal of-
fense committed more than one year 
before the date on which an individual 
files a consent application, excluding 
any period of incarceration; or 
VerDate Sep 11 2014 
00:32 May 11, 2022
Jkt 029200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6203
E:\BILLS\H5911.RH
H5911
kjohnson on DSK79L0C42PROD with BILLS
‘‘(II) an offense involving the pos-
session of controlled substances. 
‘‘(C) PRETRIAL
DIVERSION
OR
SIMILAR 
PROGRAM.—The term ‘pretrial diversion or simi-
lar program’ means a program characterized by 
a suspension or eventual dismissal or reversal of 
charges or criminal prosecution upon agreement 
by the accused to restitution, drug or alcohol re-
habilitation, anger management, or community 
service.’’. 
SEC. 4. REVIEW AND REPORT TO CONGRESS. 
Not later than the end of the 2-year period beginning 
on the date of enactment of this Act, the Federal Deposit 
Insurance Corporation and the National Credit Union Ad-
ministration shall— 
(1) review the rules issued to carry out this Act 
and the amendments made by this Act on— 
(A) the application of section 19 of the Fed-
eral Deposit Insurance Act (12 U.S.C. 1829) and 
section 205(d) of the Federal Credit Union Act 
(12 U.S.C. 1785(d)); 
(B) the number of applications for consent 
applications under such sections; and 
(C) the rates of approval and denial for 
consent applications under such sections; 
VerDate Sep 11 2014 
00:32 May 11, 2022
Jkt 029200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6203
E:\BILLS\H5911.RH
H5911
kjohnson on DSK79L0C42PROD with BILLS
(2) make the results of the review required under 
paragraph (1) available to the public; and 
(3) issue a report to Congress containing any 
legislative or regulatory recommendations for expand-
ing employment opportunities for those with a pre-
vious minor criminal offense. 
VerDate Sep 11 2014 
00:32 May 11, 2022
Jkt 029200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6203
E:\BILLS\H5911.RH
H5911
kjohnson on DSK79L0C42PROD with BILLS
VerDate Sep 11 2014 
00:32 May 11, 2022
Jkt 029200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6203
E:\BILLS\H5911.RH
H5911
kjohnson on DSK79L0C42PROD with BILLS
Union Calendar No. 234 
117TH CONGRESS 
2D SESSION 
H. R. 5911 
[Report No. 117–314] 
A BILL 
To amend the Federal Deposit Insurance Act and 
the Federal Credit Union Act to expand employ-
ment opportunities for those with a previous 
minor criminal offense, and for other purposes. 
MAY 10, 2022 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Sep 11 2014 
00:32 May 11, 2022
Jkt 029200
PO 00000
Frm 00024
Fmt 6651
Sfmt 6651
E:\BILLS\H5911.RH
H5911
kjohnson on DSK79L0C42PROD with BILLS