IIB 
117TH CONGRESS 
2D SESSION 
H. R. 5911 
IN THE SENATE OF THE UNITED STATES 
MAY 12, 2022 
Received; read twice and referred to the Committee on Banking, Housing, and 
Urban Affairs 
AN ACT 
To amend the Federal Deposit Insurance Act and the Fed-
eral Credit Union Act to expand employment opportuni-
ties for those with a previous minor criminal offense, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fair Hiring in Bank-
ing 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 
released 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 the offense if it has been more than 30 
months since the sentencing occurred. 
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‘‘(C) LIMITATION.—This paragraph shall 
not apply to an offense described under sub-
section (a)(2). 
‘‘(2) EXPUNGEMENT AND SEALING.—With re-
spect to an individual, subsection (a) shall not apply 
to an offense if— 
‘‘(A) there is an order of expungement, 
sealing, or dismissal that has been issued in re-
gard 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 con-
viction shall be destroyed or sealed from the in-
dividual’s State or Federal record, even if ex-
ceptions allow the record to be considered for 
certain character and fitness evaluation pur-
poses. 
‘‘(3) DE MINIMIS EXEMPTION.— 
‘‘(A) IN
GENERAL.—Subsection (a) shall 
not apply to such de minimis offenses as the 
Corporation determines, by rule. 
‘‘(B) CONFINEMENT CRITERIA.—In issuing 
rules under subparagraph (A), the Corporation 
shall include a requirement that the offense was 
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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 sub-
paragraph (A), if the Corporation establishes 
criteria with respect to insufficient funds 
checks, the Corporation shall require that the 
aggregate total face value of all insufficient 
funds checks across all convictions or program 
entries related to insufficient 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 
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expired license or tag, and such other low-risk 
offenses as the Corporation may designate) if 1 
year or more has passed since the applicable 
conviction or program entry.’’; and 
(2) by adding at the end the following: 
‘‘(f) CONSENT APPLICATIONS.— 
‘‘(1) IN GENERAL.—The Corporation shall ac-
cept consent applications from an individual and 
from an insured depository institution or depository 
institution holding company on behalf of an indi-
vidual that are filed separately or contemporaneously 
with a regional office of the Corporation. 
‘‘(2) SPONSORED
APPLICATIONS
FILED
WITH 
REGIONAL OFFICES.—Consent applications filed at a 
regional office of the Corporation by an insured de-
pository 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 
office, 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 
designee) certifies that the denial is consistent 
with this section. 
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‘‘(3) INDIVIDUAL
APPLICATIONS
FILED
WITH 
REGIONAL OFFICES.—Consent applications filed at a 
regional office by an individual— 
‘‘(A) shall be reviewed by such office; and 
‘‘(B) may be approved or denied by such 
office, if such authority has been delegated to 
such office by the Corporation, except with re-
spect 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 Cor-
poration. 
‘‘(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 
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consent applications available to the public, in-
cluding 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
CONSIDER-
ATION.—In reviewing a consent application, a 
regional office shall— 
‘‘(i) primarily rely on the criminal his-
tory 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 Corpora-
tion may not require an applicant to provide 
certified copies of criminal history records un-
less the Corporation determines that there is a 
clear and compelling justification to require ad-
ditional information to verify the accuracy of 
the criminal history record of the Federal Bu-
reau of Investigation. 
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‘‘(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 
program entry, the time that has elapsed since 
conviction or program entry, and the relation-
ship of individual’s offense to the responsibil-
ities 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-
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poration 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 Corporation (which may require a 
new application) shall be required for any proposed 
significant changes in the individual’s security-re-
lated duties or responsibilities, such as promotion to 
an officer or other positions that the employer deter-
mines will require higher security screening creden-
tials. 
‘‘(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 ‘con-
sent application’ means an application filed with 
Corporation by an individual (or by an insured de-
pository institution or depository institution holding 
company on behalf of an individual) seeking the 
written consent of the Corporation under subsection 
(a)(1). 
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‘‘(2) CRIMINAL OFFENSE INVOLVING DISHON-
ESTY.—The term ‘criminal offense involving dishon-
esty’— 
‘‘(A) means an offense under which an in-
dividual, 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 
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criminal prosecution upon agreement by the accused 
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 
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more than 30 months since the sentencing 
occurred. 
‘‘(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 Fed-
eral record, even if exceptions allow the 
record to be considered for certain char-
acter and fitness 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. 
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‘‘(ii) CONFINEMENT
CRITERIA.—In 
issuing rules under clause (i), the Board 
shall include a requirement that the of-
fense was punishable by a term of three 
years or less confined in a correctional fa-
cility, 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 
aggregate 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. 
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‘‘(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-
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 ac-
cept consent applications from an individual 
and from an insured credit union on behalf of 
an individual that are filed separately or con-
temporaneously with a regional office of the 
Board. 
‘‘(B) SPONSORED
APPLICATIONS
FILED 
WITH
REGIONAL
OFFICES.—Consent applica-
tions filed at a regional office of the Board by 
an insured credit union on behalf of an indi-
vidual— 
‘‘(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 
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‘‘(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. 
‘‘(C) INDIVIDUAL
APPLICATIONS
FILED 
WITH
REGIONAL
OFFICES.—Consent applica-
tions filed at a regional office by an indi-
vidual— 
‘‘(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 
described under paragraph (1)(B); 
and 
‘‘(II) such other high-level secu-
rity cases as may be designated by the 
Board. 
‘‘(D) NATIONAL
OFFICE
REVIEW.—The 
national office of the Board shall— 
‘‘(i) review any consent application 
with respect to which a regional office is 
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not authorized to approve or deny the ap-
plication; and 
‘‘(ii) review any consent application 
that is denied by a regional office, if the 
individual requests a review by the national 
office. 
‘‘(E) FORMS AND INSTRUCTIONS.— 
‘‘(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— 
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‘‘(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 clear and compelling justification to re-
quire additional information to verify the 
accuracy 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 reha-
bilitation, 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 in-
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dividual’s offense to the responsibilities of 
the applicable 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 
‘‘(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 de-
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termines will require higher security screening 
credentials. 
‘‘(I) COORDINATION WITH FDIC.—In car-
rying out this subsection, the Board shall con-
sult and coordinate with the Federal Deposit 
Insurance Corporation as needed to promote 
consistent implementation where appropriate. 
‘‘(6) DEFINITIONS.—In this subsection: 
‘‘(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 involv-
ing 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 
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for which dishonesty is an element of the 
offense; 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 
‘‘(II) an offense involving the 
possession of controlled substances. 
‘‘(C) PRETRIAL
DIVERSION
OR
SIMILAR 
PROGRAM.—The term ‘pretrial diversion or 
similar program’ means a program character-
ized by a suspension or eventual dismissal or 
reversal of charges or criminal prosecution upon 
agreement by the accused to restitution, drug 
or alcohol rehabilitation, 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— 
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(A) the application of section 19 of the 
Federal 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; 
(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 ex-
panding employment opportunities for those with a 
previous minor criminal offense. 
SEC. 5. DETERMINATION OF BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, 
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provided that such statement has been submitted prior to 
the vote on passage. 
Passed the House of Representatives May 11, 2022. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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