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Insured credit unions
In general
Each insured credit union shall display at each place of business maintained by that credit union a sign or signs relating to the insurance of the share accounts of the institution, in accordance with regulations to be prescribed by the Board.
Statement to be included
Each sign required under subparagraph (A) shall include a statement that insured share accounts are backed by the full faith and credit of the United States Government.
Regulations
The Board shall prescribe regulations to carry out this subsection, including regulations governing the substance of signs required by paragraph (1) and the manner of display or use of such signs.
Penalties
For each day that an insured credit union continues to violate this subsection or any regulation issued under this subsection, it shall be subject to a penalty of not more than $100, which the Board may recover for its use.
Restrictions
Conversion of insured credit unions to mutual savings banks.—
In general .—
Conversion proposal .—
Notice of proposal to members .—
Notice of proposal to board .—
Inapplicability of chapter upon conversion .—
Limit on compensation of officials.—
In general .—
Senior management official .—
Consistent rules.—
In general .—
Oversight of member vote .—
Considerations for waiver or enforcement of restrictions
Prohibition
In general
Minimum 10-year prohibition period for certain offenses
In general
Exception by order of sentencing court
In general
On motion of the Board, the court in which the conviction or the agreement of a person referred to in subparagraph (A) has been entered may grant an exception to the application of paragraph (1) to such person if granting the exception is in the interest of justice.
Period for filing
A motion may be filed under clause (i) at any time during the 10-year period described in subparagraph (A) with regard to the person on whose behalf such motion is made.
Penalty
Whoever knowingly violates paragraph (1) or (2) shall be fined not more than $1,000,000 for each day such prohibition is violated or imprisoned for not more than 5 years, or both.
Exceptions
Certain older offenses
In general
Offenses committed by individuals 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.
Limitation
1This subparagraph shall not apply to an offense described under paragraph (1)(B).
Expungement and sealing
De minimis exemption
In general
Paragraph (1) shall not apply to such de minimis offenses as the Board determines, by rule.
Confinement criteria
Bad check criteria
In setting 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 program entries related to insufficient funds checks is $2,000 or less.
Designated lesser offenses
Paragraph (1) shall not apply to certain lesser offenses (including the use of a fake ID, shoplifting, trespass, fare evasion, 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.
Consent applications
In general
The Board shall accept consent applications from an individual and from an insured credit union on behalf of an individual that are filed separately or contemporaneously with a regional office of the Board.
Sponsored applications filed with regional offices
Individual applications filed with regional offices
National office review
Forms and instructions
Availability
The Board shall make all forms and instructions related to consent applications available to the public, including on the website of the Board.
Contents
The forms and instructions described under clause (i) 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.
Consideration of criminal history
Regional office consideration
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 require additional information to verify the accuracy of the criminal history record of the Federal Bureau of Investigation.
Consideration of rehabilitation
Scope of employment
With respect to an approved consent application filed by an insured credit union on behalf of an individual, 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 duties or responsibilities, such as promotion to an officer or other positions that the employer determines will require higher security screening credentials.
Coordination with FDIC
In carrying out this subsection, the Board shall consult and coordinate with the Federal Deposit Insurance Corporation as needed to promote consistent implementation where appropriate.
Definitions
Consent application
2The 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 paragraph (1)(A).
Criminal offense involving dishonesty
Pretrial diversion or similar program
The term “pretrial diversion or similar 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 rehabilitation, anger management, or community service.
Security standards; reports; penalty
Share draft accounts; maintenance, loans, etc.
Interest rates
Emergency merger
Emergency purchase of assets; conversion to insured deposits
Privileges not affected by disclosure to banking agency or supervisor
In general
The submission by any person of any information to the Administration, any State credit union supervisor, or foreign banking authority for any purpose in the course of any supervisory or regulatory process of such Board, supervisor, or authority shall not be construed as waiving, destroying, or otherwise affecting any privilege such person may claim with respect to such information under Federal or State law as to any person or entity other than such Board, supervisor, or authority.
Rule of construction
June 26, 1934, ch. 750Pub. L. 91–468, § 1(3)84 Stat. 1002Pub. L. 95–630, title V, § 502(b)92 Stat. 3681Pub. L. 96–221, title III, § 305(d)94 Stat. 147Pub. L. 97–320, title I, § 13196 Stat. 1486Pub. L. 100–86, title V, § 509(a)101 Stat. 635Pub. L. 101–73, title IX, § 910(b)103 Stat. 478Pub. L. 103–322, title XXXII, § 320606108 Stat. 2119Pub. L. 105–219, title II, § 202112 Stat. 919Pub. L. 109–173, § 2(d)(3)119 Stat. 3604Pub. L. 109–351, title VI, § 607(b)120 Stat. 1982Pub. L. 111–203, title III, § 362(2)124 Stat. 1549Pub. L. 117–263, div. E, title LVII, § 5705(b)136 Stat. 3414(, title II, § 205, as added , , ; amended , , ; , title V, § 523, , , 166; , 141(a)(8), title VII, § 706(b), , , 1489, 1540; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
Section 1008 of title 18Pub. L. 101–73, title IX, § 961(g)(1)103 Stat. 500, referred to in subsec. (d)(2)(A)(i)(I), was repealed by , , .
Paragraph (1)(B), referred to in subsec. (d)(4)(A)(iii), (5)(C)(ii)(I), probably should be a reference to “paragraph (2)”, meaning par. (2) of subsec. (d). See similar provisions in section 1829(c)(1)(C) and (f)(3)(B)(i) of this title, which refer to offenses described in subsec. (a)(2) of that section, which correspond to those listed in subsec. (d)(2) of this section.
Pub. L. 88–35278 Stat. 241section 2000a of Title 42The Civil Rights Act of 1964, referred to in subsec. (d)(5)(G), is , , . Title VII of the Act is classified generally to subchapter VI (§ 2000e et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 117–2632022—Subsec. (d)(4) to (6). added pars. (4) to (6).
Pub. L. 111–203, § 362(2)(A)2010—Subsec. (b)(2)(G)(i). , struck out “the Office of Thrift Supervision and” before “the Office of the Comptroller”.
Pub. L. 111–203, § 362(2)(B)Subsec. (i)(1). , struck out “or the Federal Savings and Loan Insurance Corporation” before “to purchase”.
Pub. L. 109–1732006—Subsec. (a). amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “Every insured credit union shall display at each place of business maintained by it a sign or signs indicating that its member accounts are insured by the Board and shall include in all of its advertisements a statement to the effect that its member accounts are insured by the Board. The Board may exempt from this requirement advertisements which do not relate to member accounts or advertisements in which it is impractical to include such a statement. The Board shall prescribe by regulation the forms of such signs, the manner of display, the substance of any such statement, and the manner of use.”
Pub. L. 109–351Subsec. (j). added subsec. (j).
Pub. L. 105–219, § 202(1)1998—Subsec. (b)(1). , substituted “Except as provided in paragraph (2), no insured credit union shall, without the prior approval of the Board” for “Except with the prior written approval of the Board, no insured credit union shall”.
Pub. L. 105–219, § 202(2)Subsec. (b)(2), (3). , (3), added par. (2) and redesignated former par. (2) as (3).
Pub. L. 103–3221994—Subsec. (d). amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows:
Prohibition“(1) .—Except with the prior written consent of the Board—
“(A) any person who has been convicted of any criminal offense involving dishonesty or a breach of trust may not participate, directly or indirectly, in any manner in the conduct of the affairs of an insured credit union; and
“(B) an insured credit union may not permit such participation.
Penalty“(2) .—Whoever knowingly violates paragraph (1) shall be fined not more than $1,000,000 for each day such prohibition is violated or imprisoned for not more than 5 years, or both.”
Pub. L. 101–731989—Subsec. (d). amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Except with the written consent of the Board, no person shall serve as a director, officer, committee member, or employee of an insured credit union who has been convicted, or who is hereafter convicted, of any criminal offense involving dishonesty or a breach of trust. For each willful violation of this prohibition, the credit union involved shall be subject to a penalty of not more than $100 for each day this prohibition is violated, which the Board may recover for its use.”
Pub. L. 100–86Pub. L. 97–320, § 1411987— repealed . See 1982 Amendment note below.
Pub. L. 97–320, § 706(b)1982—Subsec. (f)(2). , inserted provisions relating to deposits of public funds.
Pub. L. 97–320, § 131Subsecs. (h), (i). , added subsecs. (h) and (i).
Pub. L. 97–320, § 141(a)(8)section 131 of Pub. L. 97–320Pub. L. 100–86, § 509(a)Pub. L. 97–320section 1464 of this title, which directed that, effective , the provisions of law amended by shall be amended to read as they would without such amendment, was repealed by . See Effective and Termination Dates of 1982 Amendment note and Extension of Emergency Acquisition and Net Worth Guarantee Provisions of note set out under .
Pub. L. 96–221, § 305(d)1980—Subsec. (f). , added subsec. (f).
Pub. L. 96–221, § 523Subsec. (g). , added subsec. (g).
Pub. L. 95–6301978— substituted “Board” for “Administrator” wherever appearing, and “its” for “his” where appropriate.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Pub. L. 111–203section 351 of Pub. L. 111–203section 906 of Title 2Amendment by effective on the transfer date, see , set out as a note under , The Congress.
Effective Date of 2006 Amendment
Pub. L. 109–173, § 2(e)119 Stat. 3605
Effective Date of 1980 Amendment
Pub. L. 96–221section 306 of Pub. L. 96–221section 1464 of this titleEnactment of subsec. (f) by effective at the close of , see , set out as a note under .
Pub. L. 96–221, title V, § 52594 Stat. 167
Effective Date of 1978 Amendment
Pub. L. 95–630section 509 of Pub. L. 95–630section 1752 of this titleAmendment by effective on expiration of 120 days after , and transitional provisions, see , set out as a note under .
Pub. L. 97–320Extension of Emergency Acquisition and Net Worth Guarantee Provisions of
section 141(a) of Pub. L. 97–320section 1464 of this titlesection 509(c) of Pub. L. 100–86section 1464 of this titleNo amendment made by , set out as a note under , as in effect before , to any other provision of law to be deemed to have taken effect before such date and any such provision of law to be in effect as if no such amendment had been made before such date, see , set out as a note under .
section 141(a) of Pub. L. 97–320section 1464 of this titlesection 1(c) of Pub. L. 99–452section 1464 of this titleNo amendment made by , set out as a note under , as in effect on the day before , to any other provision of law to be deemed to have taken effect before such date and any such provision of law to be in effect as if no such amendment had taken effect before such date, see , set out as a note under .
Section 141(a) of Pub. L. 97–320section 1464 of this titlePub. L. 97–320section 1(c) of Pub. L. 99–400section 1464 of this title, set out as a note under , as in effect on the day after , applicable as if included in on , with no amendment made by such section to any other provision of law to be deemed to have taken effect before , and any such provision of law to be in effect as if no such amendment had taken effect before , see , set out as a note under .
Definition of “State”
section 527 of Pub. L. 96–221section 1735f–7a of this titleFor purposes of subsec. (g) of this section, the term “State” to include the several States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Trust Territories of the Pacific Islands, the Northern Mariana Islands, and the Virgin Islands, see , set out as a note under .
Choice of Highest Applicable Interest Rate
Pub. L. 96–221section 1735f–7 of this titlesection 85 of this titlesection 528 of Pub. L. 96–221section 1735f–7a of this titleIn any case in which one or more provisions of, or amendments made by, title V of , , or any other provisions of law, including , apply with respect to the same loan, mortgage, credit sale, or advance, such loan, mortgage, credit sale, or advance may be made at the highest applicable rate, see , set out as a note under .