Text: S.3441 — 116th Congress (2019-2020)All Information (Except Text)

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Introduced in Senate (03/11/2020)


116th CONGRESS
2d Session
S. 3441


To amend the Federal Deposit Insurance 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

March 11, 2020

Mr. Jones (for himself, Mr. Tillis, Mr. Manchin, and Mr. Cornyn) 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 to provide exceptions to the prohibition on participation by individuals convicted of certain offenses, and for other purposes.

Be it enacted by the Senate and House of Representatives 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. Penalty for unauthorized participation by convicted individual.

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)).”.


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