Statement of Martin J. Gruenberg, Chairman Federal Deposit Insurance Corporation Final Rule on Revisions to the FDIC’s Section 19 Regulations (2024)

Statement of Martin J. Gruenberg, Chairman Federal Deposit Insurance Corporation Final Rule on Revisions to the FDIC’s Section 19 Regulations (1)

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Statement of Martin J. Gruenberg, Chairman Federal Deposit Insurance Corporation Final Rule on Revisions to the FDIC’s Section 19 Regulations (2)

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Statement of Martin J. Gruenberg, Chairman Federal Deposit Insurance Corporation Final Rule on Revisions to the FDIC’s Section 19 Regulations (3)

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Speeches, Statements & Testimonies

July 30, 2024

The FDIC Board is considering today a final rulethat would revise the FDIC’s regulations concerning Section 19 of the Federal Deposit Insurance Act1to conform with the Fair Hiring in Banking Act (“Act”), which was passed in December 2022.2 The FDIC issued a Notice of Proposed Rulemaking on October 24, 2023.

Section 19 prohibits, without the prior written consent of the FDIC, a person with certain types of criminal offenses on their record from becoming or continuing as an institution-affiliated party; or from directly or indirectly owning, controlling, or participating in the conduct of the affairs of an insured depository institution. Further, the law forbids an insured institution from permitting such a person to engage in any conduct or to continue any relationship prohibited by Section 19.

The Fair Hiring in Banking Act significantly revised Section19, notably by excluding several categories of previously covered offenses from the scope of Section 19’s prohibitions. The most significant changes include the exclusion of certain older offenses; convictions that have been expunged, sealed or dismissed; lesser offenses such as the use of fake identification, shoplifting, and fare evasion; misdemeanor offenses; and offenses involving the possession of controlled substances. The amendments to the FDIC’s Section 19 regulations are primarily intended to align the regulations with the Act. The amendments also address the FDIC’s procedures for reviewing applications filed under Section19.

The changes to Section 19 are consistent with the Act’s goal of reducing employment barriers and otherwise providing regulatory relief to individuals and insured depository institutions. In addition, the changes streamline the FDIC’s Section 19 application process and provide additional transparency on the FDIC’s review of these applications.

In developing these amendments, the FDIC considered comments received from the public and consulted and coordinated with the National Credit Union Administration, the Board of Governors of the Federal Reserve System, and the Office of the Comptroller of the Currency “to promote consistent implementation [of the Act] where appropriate.”Additional details regarding the changes and the FDIC’s implementation of the changes are detailed in the Federal Register Notice.

I strongly support these changes, which would expand employment opportunities in the banking industry, particularly for people of color who are disproportionately affected by the criminal justice system. I would like to thank the FDIC staff for their thoughtful work in bringing this final rule to the Board today.

  • 1

    12 USC 1829.

  • 2

    The FHBA appears at section 5705 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, Pub. L. No. 117-263, 136 Stat. 2395, 3411 (Dec. 23, 2022).

Last Updated: July 30, 2024

Statement of Martin J. Gruenberg, Chairman Federal Deposit Insurance Corporation Final Rule on Revisions to the FDIC’s Section 19 Regulations (2024)

FAQs

What is the new rule of the FDIC section 19? ›

Section 19 prohibits a person from participating in the affairs of an FDIC-insured institution if he or she has been convicted of an offense involving dishonesty, breach of trust, or money laundering, or has entered into a pretrial diversion or similar program in connection with a prosecution for such an offense, ...

What is Section 19 of the Federal insurance Act? ›

Section 19 of the Federal Deposit Insurance Act (FDI Act), prohibits, except with the prior written consent of the FDIC, any person who has been convicted of any criminal offense involving dishonesty, breach of trust, or money laundering; or who has entered into a pretrial diversion or similar program in connection ...

What problem did the Federal Deposit Insurance Corporation fix? ›

The FDIC played a primary role in stabilizing the banking system during various periods of turmoil in U.S. history, including during the Great Depression (1930s) when there was widespread bank failures, the Savings and Loan Crisis (1980s–early 1990s) when there was a collapse of many of these institutions due to risky ...

What was the goal of the Federal Deposit Insurance Corporation (FDIC) and the Securities and Exchange Commission (SEC) established during the New Deal? ›

The Federal Deposit Insurance Corporation (FDIC) granted government insurance for bank deposits in member banks of the Federal Reserve System, and the Securities and Exchange Commission (SEC) was established in 1934 to restore investor confidence in the stock market by ending the misleading sales practices and stock ...

How can I avoid FDIC limits? ›

Here are four ways you may be able to insure more than $250,000 in deposits:
  1. Open accounts at more than one institution. This strategy works as long as the two institutions are distinct. ...
  2. Open accounts in different ownership categories. ...
  3. Use a network. ...
  4. Open a brokerage deposit account.

What is the FDIC section 19 de minimis exception? ›

De Minimis Offenses Do Not Require an Application

Under certain circ*mstances, generally involving relatively minor covered offenses, a person with a de minimis covered offense is not required to submit an application, and the FDIC's consent is automatically granted.

What is a Section 19 statement of policy? ›

Section 19 specifically prohibits a person subject to its coverage from owning or controlling an insured institution. For purposes of defining "control" and "ownership" under Section 19, the FDIC has adopted the definition of "control" set forth in the Change in Bank Control Act (12 U.S.C.

What is Section 19 of the Banking Regulation Act? ›

Under the provisions of Section 19(1) of the Banking Regulation Act, 1949, banks may form subsidiary companies for undertaking types of banking business which they are otherwise permitted to undertake [under clauses (a) to (o) of sub-section 1 of Section 6 of the Banking Regulation Act, 1949], carrying on the business ...

What does Section 19 says? ›

According to section 19, every person "who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment" is a judge. Both the expressions "legal proceeding" and "definitive judgment" have presented some difficulty in interpretation and require to be considered.

Who owns the Federal Deposit Insurance Corporation? ›

The Federal Deposit Insurance Corporation (FDIC) is a United States government corporation supplying deposit insurance to depositors in American commercial banks and savings banks. The FDIC was created by the Banking Act of 1933, enacted during the Great Depression to restore trust in the American banking system.

Is the Federal Deposit Insurance Corporation still in effect? ›

The FDIC was established under the Banking Act of 1933 in response to numerous bank failures during the Great Depression. The FDIC began insuring banks on January 1, 1934. Today, the basic insurance coverage amount for deposit accounts is $250,000. The FDIC does not operate on funds appropriated by Congress.

Has the FDIC ever paid out? ›

Lydia Lobsiger is the first depositor to receive an FDIC payment which restores her life savings of $1,250. President Roosevelt signs the Banking Act of 1935 into law making the FDIC's deposit insurance program a permanent part of the U.S. financial system.

What is the Federal Deposit Insurance Corporation FDIC goal? ›

The Federal Deposit Insurance Corporation (FDIC) is an independent agency created by Congress to maintain stability and public confidence in the nation's financial system.

Do banks pay for FDIC insurance? ›

The FDIC receives no appropriation from Congress, although it is backed by the full faith and credit of the U.S. government. Instead, the agency is funded by insurance premiums paid by banks and from interest earned on the FDIC's Deposit Insurance Fund, which is invested in U.S. government obligations.

How does the Federal Deposit Insurance Corporation continue to affect US citizens? ›

How FDIC Deposit Insurance Works. The FDIC helps maintain stability and public confidence in the U.S. financial system. One way we do this is by insuring deposits to at least $250,000 per depositor, per ownership category at each FDIC-insured bank.

What is Section 19 under the Fair Hiring in Banking Act? ›

Section 19 prohibits, without the prior written consent of the FDIC (the FDIC refers to applications for such consent as “consent applications”, ) the participation in an IDI by any person who has been convicted of a crime involving dishonesty or breach of trust or money laundering or who has agreed to enter into a ...

What is the ceiling amount that can be deposited in a FDIC-insured bank and be fully insured? ›

The standard deposit insurance coverage limit is $250,000 per depositor, per FDIC-insured bank, per ownership category. Deposits held in different ownership categories are separately insured, up to at least $250,000, even if held at the same bank.

Are the FDIC rules changing? ›

April 1, 2024

Each owner's trust deposits will be insured up to $250,000 multiplied by the number of trust beneficiaries up to a maximum of $1,250,000 per bank. The amendments will: Provide depositors and bankers with a rule for trust accounts coverage that is easy to understand; and.

What is the new maximum amount of FDIC payment? ›

The FDIC insurance limit: $250,000 per depositor, per institution, per category. In the rare case that a bank fails, a customer's money is protected as long as the bank is federally insured.

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