IB 

Union Calendar No. 301 

116TH CONGRESS 

2D SESSION H. R. 1076 

[Report No. 116–380, Part I] 

To prohibit Federal agencies and Federal contractors from requesting that 

an applicant for employment disclose criminal history record information 

before the applicant has received a conditional offer, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 7, 2019 

Mr. CUMMINGS (for himself and Mr. COLLINS of Georgia) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committees on House Administration, the 

Judiciary, Armed Services, and Education and Labor, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

JANUARY 24, 2020 

Additional sponsors: Mr. NADLER, Mr. RASKIN, Ms. NORTON, Mr. KHANNA, 

Ms. OCASIO-CORTEZ, Mr. CONNOLLY, Mrs. CAROLYN B. MALONEY of 

New York, Ms. PRESSLEY, Mr. TRONE, Mr. COHEN, Mr. BUDD, Mr. 

THOMPSON of California, Mr. SARBANES, Mr. CISNEROS, Mr. 

DESAULNIER, Mr. RYAN, Ms. SCHAKOWSKY, Mr. LYNCH, Mr. HASTINGS, 

Mr. TAKANO, Mr. MORELLE, Mr. PAPPAS, Mr. SMITH of Washington, 

and Mr. PASCRELL

JANUARY 24, 2020 

Reported from the Committee on Oversight and Reform with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 


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JANUARY 24, 2020 

Committees on House Administration, the Judiciary, Armed Services, and 

Education and Labor discharged, committed to the Committee of the 

Whole House on the State of the Union, and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on February 7, 2019] 

A BILL 

To prohibit Federal agencies and Federal contractors from 

requesting that an applicant for employment disclose 

criminal history record information before the applicant 

has received a conditional offer, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair Chance to Compete 

5 for Jobs Act of 2019’’ or the ‘‘Fair Chance Act’’. 

6 SEC. 2. PROHIBITION ON CRIMINAL HISTORY INQUIRIES 

7 PRIOR TO CONDITIONAL OFFER FOR FED8 ERAL EMPLOYMENT. 

9 (a) IN GENERAL.—Subpart H of part III of title 5, 

10 United States Code, is amended by adding at the end the 

11 following: 

12 ‘‘CHAPTER 92—PROHIBITION ON CRIMI13 NAL HISTORY INQUIRIES PRIOR TO 

14 CONDITIONAL OFFER 

‘‘Sec. 

‘‘9201. Definitions. 

‘‘9202. Limitations on requests for criminal history record information. 

‘‘9203. Agency policies; complaint procedures. 

‘‘9204. Adverse action. 

‘‘9205. Procedures. 

‘‘9206. Rules of construction. 

15 ‘‘§ 9201. Definitions 

16 ‘‘In this chapter— 

17 ‘‘(1) the term ‘agency’ means ‘Executive agency’ 

18 as such term is defined in section 105 and includes— 

19 ‘‘(A) the United States Postal Service and 

20 the Postal Regulatory Commission; and 

21 ‘‘(B) the Executive Office of the President; 


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1 ‘‘(2) the term ‘appointing authority’ means an 

2 employee in the executive branch of the Government 

3 of the United States that has authority to make ap4 pointments to positions in the civil service; 

5 ‘‘(3) the term ‘conditional offer’ means an offer 

6 of employment in a position in the civil service that 

7 is conditioned upon the results of a criminal history 

8 inquiry; 

9 ‘‘(4) the term ‘criminal history record informa10 tion’— 

11 ‘‘(A) except as provided in subparagraphs 

12 (B) and (C), has the meaning given the term in 

13 section 9101(a); 

14 ‘‘(B) includes any information described in 

15 the first sentence of section 9101(a)(2) that has 

16 been sealed or expunged pursuant to law; and 

17 ‘‘(C) includes information collected by a 

18 criminal justice agency, relating to an act or al19 leged act of juvenile delinquency, that is analo20 gous to criminal history record information (in21 cluding such information that has been sealed or 

22 expunged pursuant to law); and 

23 ‘‘(5) the term ‘suspension’ has the meaning given 

24 the term in section 7501. 


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1 ‘‘§ 9202. Limitations on requests for criminal history 

2 record information 

3 ‘‘(a) INQUIRIES PRIOR TO CONDITIONAL OFFER.—Ex4 cept as provided in subsections (b) and (c), an employee 

5 of an agency may not request, in oral or written form (in6 cluding through the Declaration for Federal Employment 

7 (Office of Personnel Management Optional Form 306) or 

8 any similar successor form, the USAJOBS internet website, 

9 or any other electronic means) that an applicant for an 

10 appointment to a position in the civil service disclose crimi11 nal history record information regarding the applicant be12 fore the appointing authority extends a conditional offer to 

13 the applicant. 

14 ‘‘(b) OTHERWISE REQUIRED BY LAW.—The prohibi15 tion under subsection (a) shall not apply with respect to 

16 an applicant for a position in the civil service if consider17 ation of criminal history record information prior to a con18 ditional offer with respect to the position is otherwise re19 quired by law. 

20 ‘‘(c) EXCEPTION FOR CERTAIN POSITIONS.— 

21 ‘‘(1) IN GENERAL.—The prohibition under sub22 section (a) shall not apply with respect to an appli23 cant for an appointment to a position— 

24 ‘‘(A) that requires a determination of eligi25 bility described in clause (i), (ii), or (iii) of sec26 tion 9101(b)(1)(A); 


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1 ‘‘(B) as a Federal law enforcement officer 

2 (as defined in section 115(c) of title 18); or 

3 ‘‘(C) identified by the Director of the Office 

4 of Personnel Management in the regulations 

5 issued under paragraph (2). 

6 ‘‘(2) REGULATIONS.— 

7 ‘‘(A) ISSUANCE.—The Director of the Office 

8 of Personnel Management shall issue regulations 

9 identifying additional positions with respect to 

10 which the prohibition under subsection (a) shall 

11 not apply, giving due consideration to positions 

12 that involve interaction with minors, access to 

13 sensitive information, or managing financial 

14 transactions. 

15 ‘‘(B) COMPLIANCE WITH CIVIL RIGHTS

16 LAWS.—The regulations issued under subpara17 graph (A) shall— 

18 ‘‘(i) be consistent with, and in no way 

19 supersede, restrict, or limit the application 

20 of title VII of the Civil Rights Act of 1964 

21 (42 U.S.C. 2000e et seq.) or other relevant 

22 Federal civil rights laws; and 

23 ‘‘(ii) ensure that all hiring activities 

24 conducted pursuant to the regulations are 


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1 conducted in a manner consistent with rel2 evant Federal civil rights laws. 

3 ‘‘§ 9203. Agency policies; complaint procedures 

4 ‘‘The Director of the Office of Personnel Management 

5 shall— 

6 ‘‘(1) develop, implement, and publish a policy to 

7 assist employees of agencies in complying with section 

8 9202 and the regulations issued pursuant to such sec9 tion; and 

10 ‘‘(2) establish and publish procedures under 

11 which an applicant for an appointment to a position 

12 in the civil service may submit a complaint, or any 

13 other information, relating to compliance by an em14 ployee of an agency with section 9202. 

15 ‘‘§ 9204. Adverse action 

16 ‘‘(a) FIRST VIOLATION.—If the Director of the Office 

17 of Personnel Management determines, after notice and an 

18 opportunity for a hearing on the record, that an employee 

19 of an agency has violated section 9202, the Director shall— 

20 ‘‘(1) issue to the employee a written warning 

21 that includes a description of the violation and the 

22 additional penalties that may apply for subsequent 

23 violations; and 

24 ‘‘(2) file such warning in the employee’s official 

25 personnel record file. 


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1 ‘‘(b) SUBSEQUENT VIOLATIONS.—If the Director of the 

2 Office of Personnel Management determines, after notice 

3 and an opportunity for a hearing on the record, that an 

4 employee that was subject to subsection (a) has committed 

5 a subsequent violation of section 9202, the Director may 

6 take the following action: 

7 ‘‘(1) For a second violation, suspension of the 

8 employee for a period of not more than 7 days. 

9 ‘‘(2) For a third violation, suspension of the em10 ployee for a period of more than 7 days. 

11 ‘‘(3) For a fourth violation— 

12 ‘‘(A) suspension of the employee for a period 

13 of more than 7 days; and 

14 ‘‘(B) a civil penalty against the employee in 

15 an amount that is not more than $250. 

16 ‘‘(4) For a fifth violation— 

17 ‘‘(A) suspension of the employee for a period 

18 of more than 7 days; and 

19 ‘‘(B) a civil penalty against the employee in 

20 an amount that is not more than $500. 

21 ‘‘(5) For any subsequent violation— 

22 ‘‘(A) suspension of the employee for a period 

23 of more than 7 days; and 

24 ‘‘(B) a civil penalty against the employee in 

25 an amount that is not more than $1,000. 


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1 ‘‘§ 9205. Procedures 

2 ‘‘(a) APPEALS.—The Director of the Office of Personnel 

3 Management shall by rule establish procedures providing 

4 for an appeal from any adverse action taken under section 

5 9204 by not later than 30 days after the date of the action. 

6 ‘‘(b) APPLICABILITY OF OTHER LAWS.—An adverse 

7 action taken under section 9204 (including a determination 

8 in an appeal from such an action under subsection (a) of 

9 this section) shall not be subject to— 

10 ‘‘(1) the procedures under chapter 75; or 

11 ‘‘(2) except as provided in subsection (a) of this 

12 section, appeal or judicial review. 

13 ‘‘§ 9206. Rules of construction 

14 ‘‘Nothing in this chapter may be construed to— 

15 ‘‘(1) authorize any officer or employee of an 

16 agency to request the disclosure of information de17 scribed under subparagraphs (B) and (C) of section 

18 9201(4); or 

19 ‘‘(2) create a private right of action for any per20 son.’’. 

21 (b) REGULATIONS; EFFECTIVE DATE.— 

22 (1) REGULATIONS.—Not later than 1 year after 

23 the date of enactment of this Act, the Director of the 

24 Office of Personnel Management shall issue such regu25 lations as are necessary to carry out chapter 92 of 

26 title 5, United States Code (as added by this Act). 


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1 (2) EFFECTIVE DATE.—Section 9202 of title 5, 

2 United States Code (as added by this Act), shall take 

3 effect on the date that is 2 years after the date of en4 actment of this Act. 

5 (c) TECHNICAL AND CONFORMING AMENDMENT.—The 

6 table of chapters for part III of title 5, United States Code, 

7 is amended by inserting after the item relating to chapter 

8 91 the following: 

‘‘92. Prohibition on criminal history inquiries prior to 

conditional offer ......................................................... 9201’’. 

9 (d) APPLICATION TO LEGISLATIVE BRANCH.— 

10 (1) IN GENERAL.—The Congressional Account11 ability Act of 1995 (2 U.S.C. 1301 et seq.) is amend12 ed— 

13 (A) in section 102(a) (2 U.S.C. 1302(a)), by 

14 adding at the end the following: 

15 ‘‘(12) Section 9202 of title 5, United States 

16 Code.’’; 

17 (B) by redesignating section 207 (2 U.S.C. 

18 1317) as section 208; and 

19 (C) by inserting after section 206 (2 U.S.C. 

20 1316) the following new section: 

21 ‘‘SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMI22 NAL HISTORY INQUIRIES. 

23 ‘‘(a) DEFINITIONS.—In this section, the terms ‘agency’, 

24 ‘criminal history record information’, and ‘suspension’ 


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1 have the meanings given the terms in section 9201 of title 

2 5, United States Code, except as otherwise modified by this 

3 section. 

4 ‘‘(b) RESTRICTIONS ON CRIMINAL HISTORY INQUIR5 IES.— 

6 ‘‘(1) IN GENERAL.— 

7 ‘‘(A) IN GENERAL.—Except as provided in 

8 subparagraph (B), an employee of an employing 

9 office may not request that an applicant for em10 ployment as a covered employee disclose criminal 

11 history record information if the request would 

12 be prohibited under section 9202 of title 5, 

13 United States Code, if made by an employee of 

14 an agency. 

15 ‘‘(B) CONDITIONAL OFFER.—For purposes 

16 of applying that section 9202 under subpara17 graph (A), a reference in that section 9202 to a 

18 conditional offer shall be considered to be an 

19 offer of employment as a covered employee that 

20 is conditioned upon the results of a criminal his21 tory inquiry. 

22 ‘‘(2) RULES OF CONSTRUCTION.—The provisions 

23 of section 9206 of title 5, United States Code, shall 

24 apply to employing offices, consistent with regulations 

25 issued under subsection (d). 


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1 ‘‘(c) REMEDY.— 

2 ‘‘(1) IN GENERAL.—The remedy for a violation 

3 of subsection (b)(1) shall be such remedy as would be 

4 appropriate if awarded under section 9204 of title 5, 

5 United States Code, if the violation had been com6 mitted by an employee of an agency, consistent with 

7 regulations issued under subsection (d), except that 

8 the reference in that section to a suspension shall be 

9 considered to be a suspension with the level of com10 pensation provided for a covered employee who is tak11 ing unpaid leave under section 202. 

12 ‘‘(2) PROCESS FOR OBTAINING RELIEF.—An ap13 plicant for employment as a covered employee who al14 leges a violation of subsection (b)(1) may rely on the 

15 provisions of title IV (other than section 407 or 408, 

16 or a provision of this title that permits a person to 

17 obtain a civil action or judicial review), consistent 

18 with regulations issued under subsection (d). 

19 ‘‘(d) REGULATIONS TO IMPLEMENT SECTION.— 

20 ‘‘(1) IN GENERAL.—Not later than 18 months 

21 after the date of enactment of the Fair Chance to 

22 Compete for Jobs Act of 2019, the Board shall, pursu23 ant to section 304, issue regulations to implement this 

24 section. 


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1 ‘‘(2) PARALLEL WITH AGENCY REGULATIONS.— 

2 The regulations issued under paragraph (1) shall be 

3 the same as substantive regulations issued by the Di4 rector of the Office of Personnel Management under 

5 section 2(b)(1) of the Fair Chance to Compete for Jobs 

6 Act of 2019 to implement the statutory provisions re7 ferred to in subsections (a) through (c) except to the 

8 extent that the Board may determine, for good cause 

9 shown and stated together with the regulation, that a 

10 modification of such regulations would be more effec11 tive for the implementation of the rights and protec12 tions under this section. 

13 ‘‘(e) EFFECTIVE DATE.—Section 102(a)(12) and sub14 sections (a) through (c) shall take effect on the date on which 

15 section 9202 of title 5, United States Code, applies with 

16 respect to agencies.’’. 

17 (2) CLERICAL AMENDMENTS.— 

18 (A) The table of contents in section 1(b) of 

19 the Congressional Accountability Act of 1995 

20 (Public Law 104–1; 109 Stat. 3) is amended— 

21 (i) by redesignating the item relating 

22 to section 207 as the item relating to section 

23 208; and 

24 (ii) by inserting after the item relating 

25 to section 206 the following new item: 

‘‘Sec. 207. Rights and protections relating to criminal history inquiries.’’. 


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1 (B) Section 62(e)(2) of the Internal Revenue 

2 Code of 1986 is amended by striking ‘‘or 207’’ 

3 and inserting ‘‘207, or 208’’. 

4 (e) APPLICATION TO JUDICIAL BRANCH.— 

5 (1) IN GENERAL.—Section 604 of title 28, 

6 United States Code, is amended by adding at the end 

7 the following: 

8 ‘‘(i) RESTRICTIONS ON CRIMINAL HISTORY INQUIR9 IES.— 

10 ‘‘(1) DEFINITIONS.—In this subsection— 

11 ‘‘(A) the terms ‘agency’ and ‘criminal his12 tory record information’ have the meanings 

13 given those terms in section 9201 of title 5; 

14 ‘‘(B) the term ‘covered employee’ means an 

15 employee of the judicial branch of the United 

16 States Government, other than— 

17 ‘‘(i) any judge or justice who is enti18 tled to hold office during good behavior; 

19 ‘‘(ii) a United States magistrate judge; 

20 or 

21 ‘‘(iii) a bankruptcy judge; and 

22 ‘‘(C) the term ‘employing office’ means any 

23 office or entity of the judicial branch of the 

24 United States Government that employs covered 

25 employees. 


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1 ‘‘(2) RESTRICTION.—A covered employee may 

2 not request that an applicant for employment as a 

3 covered employee disclose criminal history record in4 formation if the request would be prohibited under 

5 section 9202 of title 5 if made by an employee of an 

6 agency. 

7 ‘‘(3) EMPLOYING OFFICE POLICIES; COMPLAINT

8 PROCEDURE.—The provisions of sections 9203 and 

9 9206 of title 5 shall apply to employing offices and 

10 to applicants for employment as covered employees, 

11 consistent with regulations issued by the Director to 

12 implement this subsection. 

13 ‘‘(4) ADVERSE ACTION.— 

14 ‘‘(A) ADVERSE ACTION.—The Director may 

15 take such adverse action with respect to a cov16 ered employee who violates paragraph (2) as 

17 would be appropriate under section 9204 of title 

18 5 if the violation had been committed by an em19 ployee of an agency. 

20 ‘‘(B) APPEALS.—The Director shall by rule 

21 establish procedures providing for an appeal 

22 from any adverse action taken under subpara23 graph (A) by not later than 30 days after the 

24 date of the action. 


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1 ‘‘(C) APPLICABILITY OF OTHER LAWS.—Ex2 cept as provided in subparagraph (B), an ad3 verse action taken under subparagraph (A) (in4 cluding a determination in an appeal from such 

5 an action under subparagraph (B)) shall not be 

6 subject to appeal or judicial review. 

7 ‘‘(5) REGULATIONS TO BE ISSUED.— 

8 ‘‘(A) IN GENERAL.—Not later than 18 

9 months after the date of enactment of the Fair 

10 Chance to Compete for Jobs Act of 2019, the Di11 rector shall issue regulations to implement this 

12 subsection. 

13 ‘‘(B) PARALLEL WITH AGENCY REGULA14 TIONS.—The regulations issued under subpara15 graph (A) shall be the same as substantive regu16 lations promulgated by the Director of the Office 

17 of Personnel Management under section 2(b)(1) 

18 of the Fair Chance to Compete for Jobs Act of 

19 2019 except to the extent that the Director of the 

20 Administrative Office of the United States 

21 Courts may determine, for good cause shown and 

22 stated together with the regulation, that a modi23 fication of such regulations would be more effec24 tive for the implementation of the rights and 

25 protections under this subsection. 


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1 ‘‘(6) EFFECTIVE DATE.—Paragraphs (1) through 

2 (4) shall take effect on the date on which section 9202 

3 of title 5 applies with respect to agencies.’’. 

4 SEC. 3. PROHIBITION ON CRIMINAL HISTORY INQUIRIES BY 

5 CONTRACTORS PRIOR TO CONDITIONAL 

6 OFFER. 

7 (a) CIVILIAN AGENCY CONTRACTS.— 

8 (1) IN GENERAL.—Chapter 47 of title 41, United 

9 States Code, is amended by adding at the end the fol10 lowing new section: 

11 ‘‘§ 4714. Prohibition on criminal history inquiries by 

12 contractors prior to conditional offer 

13 ‘‘(a) LIMITATION ON CRIMINAL HISTORY INQUIRIES.— 

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graphs (2) and (3), an executive agency— 

16 ‘‘(A) may not require that an individual or 

17 sole proprietor who submits a bid for a contract 

18 to disclose criminal history record information 

19 regarding that individual or sole proprietor be20 fore determining the apparent awardee; and 

21 ‘‘(B) shall require, as a condition of receiv22 ing a Federal contract and receiving payments 

23 under such contract that the contractor may not 

24 verbally, or through written form, request the 

25 disclosure of criminal history record information 


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1 regarding an applicant for a position related to 

2 work under such contract before the contractor 

3 extends a conditional offer to the applicant. 

4 ‘‘(2) OTHERWISE REQUIRED BY LAW.—The pro5 hibition under paragraph (1) does not apply with re6 spect to a contract if consideration of criminal his7 tory record information prior to a conditional offer 

8 with respect to the position is otherwise required by 

9 law. 

10 ‘‘(3) EXCEPTION FOR CERTAIN POSITIONS.— 

11 ‘‘(A) IN GENERAL.—The prohibition under 

12 paragraph (1) does not apply with respect to— 

13 ‘‘(i) a contract that requires an indi14 vidual hired under the contract to access 

15 classified information or to have sensitive 

16 law enforcement or national security duties; 

17 or 

18 ‘‘(ii) a position that the Administrator 

19 of General Services identifies under the reg20 ulations issued under subparagraph (B). 

21 ‘‘(B) REGULATIONS.— 

22 ‘‘(i) ISSUANCE.—Not later than 16 

23 months after the date of enactment of the 

24 Fair Chance to Compete for Jobs Act of 

25 2019, the Administrator of General ServVerDate Sep 11 2014 22:37 Jan 24, 2020 Jkt 099200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6203 E:\BILLS\H1076.RH H1076

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1 ices, in consultation with the Secretary of 

2 Defense, shall issue regulations identifying 

3 additional positions with respect to which 

4 the prohibition under paragraph (1) shall 

5 not apply, giving due consideration to posi6 tions that involve interaction with minors, 

7 access to sensitive information, or man8 aging financial transactions. 

9 ‘‘(ii) COMPLIANCE WITH CIVIL RIGHTS

10 LAWS.—The regulations issued under clause 

11 (i) shall— 

12 ‘‘(I) be consistent with, and in no 

13 way supersede, restrict, or limit the 

14 application of title VII of the Civil 

15 Rights Act of 1964 (42 U.S.C. 2000e et 

16 seq.) or other relevant Federal civil 

17 rights laws; and 

18 ‘‘(II) ensure that all hiring activi19 ties conducted pursuant to the regula20 tions are conducted in a manner con21 sistent with relevant Federal civil 

22 rights laws. 

23 ‘‘(b) COMPLAINT PROCEDURES.—The Administrator of 

24 General Services shall establish and publish procedures 

25 under which an applicant for a position with a Federal 


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1 contractor may submit to the Administrator a complaint, 

2 or any other information, relating to compliance by the 

3 contractor with subsection (a)(1)(B). 

4 ‘‘(c) ACTION FOR VIOLATIONS OF PROHIBITION ON

5 CRIMINAL HISTORY INQUIRIES.— 

6 ‘‘(1) FIRST VIOLATION.—If the head of an execu7 tive agency determines that a contractor has violated 

8 subsection (a)(1)(B), such head shall— 

9 ‘‘(A) notify the contractor; 

10 ‘‘(B) provide 30 days after such notification 

11 for the contractor to appeal the determination; 

12 and 

13 ‘‘(C) issue a written warning to the con14 tractor that includes a description of the viola15 tion and the additional remedies that may apply 

16 for subsequent violations. 

17 ‘‘(2) SUBSEQUENT VIOLATION.—If the head of an 

18 executive agency determines that a contractor that 

19 was subject to paragraph (1) has committed a subse20 quent violation of subsection (a)(1)(B), such head 

21 shall notify the contractor, shall provide 30 days after 

22 such notification for the contractor to appeal the de23 termination, and, in consultation with the relevant 

24 Federal agencies, may take actions, depending on the 


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1 severity of the infraction and the contractor’s history 

2 of violations, including— 

3 ‘‘(A) providing written guidance to the con4 tractor that the contractor’s eligibility for con5 tracts requires compliance with this section; 

6 ‘‘(B) requiring that the contractor respond 

7 within 30 days affirming that the contractor is 

8 taking steps to comply with this section; and 

9 ‘‘(C) suspending payment under the con10 tract for which the applicant was being consid11 ered until the contractor demonstrates compli12 ance with this section. 

13 ‘‘(d) DEFINITIONS.—In this section: 

14 ‘‘(1) CONDITIONAL OFFER.—The term ‘condi15 tional offer’ means an offer of employment for a posi16 tion related to work under a contract that is condi17 tioned upon the results of a criminal history inquiry. 

18 ‘‘(2) CRIMINAL HISTORY RECORD INFORMA19 TION.—The term ‘criminal history record informa20 tion’ has the meaning given that term in section 9201 

21 of title 5.’’. 

22 (2) CLERICAL AMENDMENT.—The table of sec23 tions for chapter 47 of title 41, United States Code, 

24 is amended by adding at the end the following new 

25 item: 


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‘‘4714. Prohibition on criminal history inquiries by contractors prior to conditional offer.’’. 

1 (3) EFFECTIVE DATE.—Section 4714 of title 41, 

2 United States Code, as added by paragraph (1), shall 

3 apply with respect to contracts awarded pursuant to 

4 solicitations issued after the effective date described in 

5 section 2(b)(2) of this Act. 

6 (b) DEFENSE CONTRACTS.— 

7 (1) IN GENERAL.—Chapter 137 of title 10, 

8 United States Code, is amended by inserting after sec9 tion 2338 the following new section: 

10 ‘‘§ 2339. Prohibition on criminal history inquiries by 

11 contractors prior to conditional offer 

12 ‘‘(a) LIMITATION ON CRIMINAL HISTORY INQUIRIES.— 

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graphs (2) and (3), the head of an agency— 

15 ‘‘(A) may not require that an individual or 

16 sole proprietor who submits a bid for a contract 

17 to disclose criminal history record information 

18 regarding that individual or sole proprietor be19 fore determining the apparent awardee; and 

20 ‘‘(B) shall require as a condition of receiv21 ing a Federal contract and receiving payments 

22 under such contract that the contractor may not 

23 verbally or through written form request the dis24 closure of criminal history record information 


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1 regarding an applicant for a position related to 

2 work under such contract before such contractor 

3 extends a conditional offer to the applicant. 

4 ‘‘(2) OTHERWISE REQUIRED BY LAW.—The pro5 hibition under paragraph (1) does not apply with re6 spect to a contract if consideration of criminal his7 tory record information prior to a conditional offer 

8 with respect to the position is otherwise required by 

9 law. 

10 ‘‘(3) EXCEPTION FOR CERTAIN POSITIONS.— 

11 ‘‘(A) IN GENERAL.—The prohibition under 

12 paragraph (1) does not apply with respect to— 

13 ‘‘(i) a contract that requires an indi14 vidual hired under the contract to access 

15 classified information or to have sensitive 

16 law enforcement or national security duties; 

17 or 

18 ‘‘(ii) a position that the Secretary of 

19 Defense identifies under the regulations 

20 issued under subparagraph (B). 

21 ‘‘(B) REGULATIONS.— 

22 ‘‘(i) ISSUANCE.—Not later than 16 

23 months after the date of enactment of the 

24 Fair Chance to Compete for Jobs Act of 

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1 tion with the Administrator of General 

2 Services, shall issue regulations identifying 

3 additional positions with respect to which 

4 the prohibition under paragraph (1) shall 

5 not apply, giving due consideration to posi6 tions that involve interaction with minors, 

7 access to sensitive information, or man8 aging financial transactions. 

9 ‘‘(ii) COMPLIANCE WITH CIVIL RIGHTS

10 LAWS.—The regulations issued under clause 

11 (i) shall— 

12 ‘‘(I) be consistent with, and in no 

13 way supersede, restrict, or limit the 

14 application of title VII of the Civil 

15 Rights Act of 1964 (42 U.S.C. 2000e et 

16 seq.) or other relevant Federal civil 

17 rights laws; and 

18 ‘‘(II) ensure that all hiring activi19 ties conducted pursuant to the regula20 tions are conducted in a manner con21 sistent with relevant Federal civil 

22 rights laws. 

23 ‘‘(b) COMPLAINT PROCEDURES.—The Secretary of De24 fense shall establish and publish procedures under which an 

25 applicant for a position with a Department of Defense conVerDate Sep 11 2014 22:37 Jan 24, 2020 Jkt 099200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6203 E:\BILLS\H1076.RH H1076

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1 tractor may submit a complaint, or any other information, 

2 relating to compliance by the contractor with subsection 

3 (a)(1)(B). 

4 ‘‘(c) ACTION FOR VIOLATIONS OF PROHIBITION ON

5 CRIMINAL HISTORY INQUIRIES.— 

6 ‘‘(1) FIRST VIOLATION.—If the Secretary of De7 fense determines that a contractor has violated sub8 section (a)(1)(B), the Secretary shall— 

9 ‘‘(A) notify the contractor; 

10 ‘‘(B) provide 30 days after such notification 

11 for the contractor to appeal the determination; 

12 and 

13 ‘‘(C) issue a written warning to the con14 tractor that includes a description of the viola15 tion and the additional remedies that may apply 

16 for subsequent violations. 

17 ‘‘(2) SUBSEQUENT VIOLATIONS.—If the Secretary 

18 of Defense determines that a contractor that was sub19 ject to paragraph (1) has committed a subsequent vio20 lation of subsection (a)(1)(B), the Secretary shall no21 tify the contractor, shall provide 30 days after such 

22 notification for the contractor to appeal the deter23 mination, and, in consultation with the relevant Fed24 eral agencies, may take actions, depending on the seVerDate Sep 11 2014 22:37 Jan 24, 2020 Jkt 099200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\H1076.RH H1076

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1 verity of the infraction and the contractor’s history of 

2 violations, including— 

3 ‘‘(A) providing written guidance to the con4 tractor that the contractor’s eligibility for con5 tracts requires compliance with this section; 

6 ‘‘(B) requiring that the contractor respond 

7 within 30 days affirming that the contractor is 

8 taking steps to comply with this section; and 

9 ‘‘(C) suspending payment under the con10 tract for which the applicant was being consid11 ered until the contractor demonstrates compli12 ance with this section. 

13 ‘‘(d) DEFINITIONS.—In this section: 

14 ‘‘(1) CONDITIONAL OFFER.—The term ‘condi15 tional offer’ means an offer of employment for a posi16 tion related to work under a contract that is condi17 tioned upon the results of a criminal history inquiry. 

18 ‘‘(2) CRIMINAL HISTORY RECORD INFORMA19 TION.—The term ‘criminal history record informa20 tion’ has the meaning given that term in section 9201 

21 of title 5.’’. 

22 (2) EFFECTIVE DATE.—Section 2339(a) of title 

23 10, United States Code, as added by paragraph (1), 

24 shall apply with respect to contracts awarded pursuVerDate Sep 11 2014 22:37 Jan 24, 2020 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6203 E:\BILLS\H1076.RH H1076

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1 ant to solicitations issued after the effective date de2 scribed in section 2(b)(2) of this Act. 

3 (3) CLERICAL AMENDMENT.—The table of sec4 tions for chapter 137 of title 10, United States Code, 

5 is amended by inserting after the item relating to sec6 tion 2338 the following new item: 

‘‘2339. Prohibition on criminal history inquiries by contractors prior to conditional offer.’’. 

7 (c) REVISIONS TO FEDERAL ACQUISITION REGULA8 TION.— 

9 (1) IN GENERAL.—Not later than 18 months 

10 after the date of enactment of this Act, the Federal 

11 Acquisition Regulatory Council shall revise the Fed12 eral Acquisition Regulation to implement section 

13 4714 of title 41, United States Code, and section 2339 

14 of title 10, United States Code, as added by this sec15 tion. 

16 (2) CONSISTENCY WITH OFFICE OF PERSONNEL

17 MANAGEMENT REGULATIONS.—The Federal Acquisi18 tion Regulatory Council shall revise the Federal Ac19 quisition Regulation under paragraph (1) to be con20 sistent with the regulations issued by the Director of 

21 the Office of Personnel Management under section 

22 2(b)(1) to the maximum extent practicable. The Coun23 cil shall include together with such revision an expla24 nation of any substantive modification of the Office 


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1 of Personnel Management regulations, including an 

2 explanation of how such modification will more effec3 tively implement the rights and protections under this 

4 section. 

5 SEC. 4. REPORT ON EMPLOYMENT OF INDIVIDUALS FOR6 MERLY INCARCERATED IN FEDERAL PRIS7 ONS. 

8 (a) DEFINITION.—In this section, the term ‘‘covered 

9 individual’’— 

10 (1) means an individual who has completed a 

11 term of imprisonment in a Federal prison for a Fed12 eral criminal offense; and 

13 (2) does not include an alien who is or will be 

14 removed from the United States for a violation of the 

15 immigration laws (as such term is defined in section 

16 101 of the Immigration and Nationality Act (8 

17 U.S.C. 1101)). 

18 (b) STUDY AND REPORT REQUIRED.—The Director of 

19 the Bureau of Justice Statistics, in coordination with the 

20 Director of the Bureau of the Census, shall— 

21 (1) not later than 180 days after the date of en22 actment of this Act, design and initiate a study on 

23 the employment of covered individuals after their re24 lease from Federal prison, including by collecting— 


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1 (A) demographic data on covered individ2 uals, including race, age, and sex; and 

3 (B) data on employment and earnings of 

4 covered individuals who are denied employment, 

5 including the reasons for the denials; and 

6 (2) not later than 2 years after the date of enact7 ment of this Act, and every 5 years thereafter, submit 

8 a report that does not include any personally identifi9 able information on the study conducted under para10 graph (1) to— 

11 (A) the Committee on Homeland Security 

12 and Governmental Affairs of the Senate; 

13 (B) the Committee on Health, Education, 

14 Labor, and Pensions of the Senate; 

15 (C) the Committee on Oversight and Reform 

16 of the House of Representatives; and 

17 (D) the Committee on Education and Labor 

18 of the House of Representatives. 

19 SEC. 5. DETERMINATION OF BUDGETARY EFFECTS. 

20 The budgetary effects of this Act, for the purpose of 

21 complying with the Statutory Pay-As-You-Go Act of 2010, 

22 shall be determined by reference to the latest statement titled 

23 ‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 

24 submitted for printing in the Congressional Record by the 

25 Chairman of the House Budget Committee, provided that 


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1 such statement has been submitted prior to the vote on pas2 sage. 


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Union Calendar No. 301 

116TH CONGRESS 

2D SESSION H. R. 1076 

[Report No. 116–380, Part I] 

A BILL 

To prohibit Federal agencies and Federal contractional offer, and for other purposes. mation before the applicant has received a condi- ployment disclose criminal history record infor- tors from requesting that an applicant for emJANUARY 24, 2020 

Reported from the Committee on Oversight and Reform 

J

with an amendment 

ANUARY 24, 2020 

Committees on House Administration, the Judiciary, 

the State of the Union, and ordered to be printed committed to the Committee of the Whole House on Armed Services, and Education and Labor discharged, 


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