§ 1829.
(f)
Consent applications
(1)
In general
The Corporation shall accept consent applications from an individual and from an insured depository institution or depository institution holding company on behalf of an individual 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 depository 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.
(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 respect to—
(i)
cases involving an offense described under subsection (a)(2); and
(ii)
such other high-level security cases as may be designated by the Corporation.
(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 authorized to approve or deny the application; and
(B)
review any consent application that is denied by a regional office, if the individual requests a review by the national office.
(5)
Forms and instructions
(A)
Availability
The Corporation shall make all forms and instructions related to consent applications available to the public, including on the website of the Corporation.
(B)
Contents
The forms and instructions described under subparagraph (A) shall provide a sample cover letter and a comprehensive list of items that may accompany the application, 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 Investigation; and
(ii)
provide such record to the applicant to review for accuracy.
(B)
Certified copies
The Corporation may not require an applicant to provide certified copies of criminal history records unless the Corporation determines that there is a clear and compelling justification to require additional information to verify the accuracy of the criminal history record of the Federal Bureau of Investigation.
(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 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
2
So in original. Probably should be preceded by “the”.
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 preparation and educational programs, and other relevant 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 holding company on behalf of an individual, if the Corporation 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-related duties or responsibilities, such as promotion to an officer or other positions that the employer determines will require higher security screening credentials.
(9)
Coordination with the NCUA
In carrying out this section, the Corporation shall consult and coordinate with the National Credit Union Administration as needed to promote consistent implementation where appropriate.
([Sept. 21, 1950, ch. 967, § 2][19], [64 Stat. 893]; [Pub. L. 101–73, title IX, § 910(a)], Aug. 9, 1989, [103 Stat. 477]; [Pub. L. 101–647, title XXV, § 2502(a)], Nov. 29, 1990, [104 Stat. 4860]; [Pub. L. 102–550, title XV, § 1505], Oct. 28, 1992, [106 Stat. 4055]; [Pub. L. 103–322, title XXXII, § 320605], Sept. 13, 1994, [108 Stat. 2119]; [Pub. L. 109–351, title VII, § 710(a)], Oct. 13, 2006, [120 Stat. 1990]; [Pub. L. 111–203, title III, § 363(8)], July 21, 2010, [124 Stat. 1554]; [Pub. L. 117–263, div. E, title LVII, § 5705(a)], Dec. 23, 2022, [136 Stat. 3411].)