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Fingerprinting and Criminal Background Check
The rule requires institutions to implement policies and procedures
pursuant to which they will review disclosure information provided,
as well as employee criminal history background reports received,
and take appropriate action consistent with applicable Federal law,
including section 19 of the Federal Deposit Insurance Act (12 U.S.C.
1829) and implementing regulations. Institutions are also required
to maintain records of these reports and actions taken with respect
to applicable employees.
The SAFE Act requires that fingerprints for the criminal
background check be submitted to the Nationwide Mortgage Licensing
System and Registry (NMLS) (see Section 1507(a)(2)(A) of the SAFE
Act, implemented by Section 365.103(d)(1)(ix) of the FDIC’s
Rules and Regulations). Fingerprint submission is also
discussed in the preamble to the final rule on page 44670 of the
Federal Register Notice, available at http://www.fdic.gov/news/news/press/2010/pr10170a.pdf.
Technical
information related to registration and fingerprint submission is available on the NMLS website at
http://mortgage.nationwidelicensingsystem.org/FEDREG/Pages/default.aspx.
The following links provide useful information on section 19 and the associated application process:
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