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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2021 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 344
114th CONGRESS
  2d Session
                                S. 2021

                          [Report No. 114-200]

 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 SENATE OF THE UNITED STATES

                           September 10, 2015

  Mr. Booker (for himself, Mr. Johnson, Ms. Baldwin, Mrs. Ernst, Mr. 
 Brown, Mr. Peters, Mr. Portman, Mrs. Murray, Mr. Kaine, Mr. Franken, 
  Mr. Wyden, and Mr. Murphy) introduced the following bill; which was 
   read twice and referred to the Committee on Homeland Security and 
                          Governmental Affairs

                            January 12, 2016

               Reported by Mr. Johnson, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Fair Chance to Compete for 
Jobs Act of 2015'' or the ``Fair Chance Act''.</DELETED>

<DELETED>SEC. 2. PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO 
              CONDITIONAL OFFER FOR FEDERAL EMPLOYMENT.</DELETED>

<DELETED>    (a) In General.--Subpart H of part III of title 5, United 
States Code, is amended by adding at the end the following:</DELETED>

<DELETED>``CHAPTER 92--PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR 
                     TO CONDITIONAL OFFER</DELETED>

<DELETED>``Sec.
<DELETED>``9201. Definitions.
<DELETED>``9202. Limitations on requests for criminal history record 
                            information.
<DELETED>``9203. Agency policies; whistleblower complaint procedures.
<DELETED>``9204. Adverse action.
<DELETED>``9205. Procedures.
<DELETED>``9206. Rules of construction.
<DELETED>``Sec. 9201. Definitions</DELETED>
<DELETED>    ``In this chapter--</DELETED>
        <DELETED>    ``(1) the term `agency' means `Executive agency' 
        as such term is defined in section 105 and includes--</DELETED>
                <DELETED>    ``(A) the United States Postal Service and 
                the Postal Regulatory Commission; and</DELETED>
                <DELETED>    ``(B) the Executive Office of the 
                President;</DELETED>
        <DELETED>    ``(2) the term `appointing authority' means an 
        employee in the executive branch of the Government of the 
        United States that has authority to make appointments to 
        positions in the civil service;</DELETED>
        <DELETED>    ``(3) the term `conditional offer' means an offer 
        of employment in a position in the civil service that is 
        conditioned upon the results of a criminal history 
        inquiry;</DELETED>
        <DELETED>    ``(4) the term `criminal history record 
        information'--</DELETED>
                <DELETED>    ``(A) except as provided in subparagraph 
                (B), has the meaning given the term in section 
                9101(a);</DELETED>
                <DELETED>    ``(B) includes any information described 
                in the first sentence of section 9101(a)(2) that has 
                been sealed or expunged pursuant to law; and</DELETED>
                <DELETED>    ``(C) includes information collected by a 
                criminal justice agency, relating to an act or alleged 
                act of juvenile delinquency, that is analogous to 
                criminal history record information (including such 
                information that has been sealed or expunged pursuant 
                to law); and</DELETED>
        <DELETED>    ``(5) the term `suspension' has the meaning given 
        the term in section 7501.</DELETED>
<DELETED>``Sec. 9202. Limitations on requests for criminal history 
              record information</DELETED>
<DELETED>    ``(a) Inquiries Prior to Conditional Offer.--Except as 
provided in subsections (b) and (c), an employee of an agency may not 
request, in oral or written form (including through the Declaration for 
Federal Employment (OPM Optional Form 306), or any similar successor 
form), including through the USA Jobs Internet Web site or any other 
electronic means, that an applicant for an appointment to a position in 
the civil service disclose criminal history record information 
regarding the applicant before the appointing authority extends a 
conditional offer to the applicant.</DELETED>
<DELETED>    ``(b) Otherwise Required by Law.--The prohibition under 
subsection (a) shall not apply with respect to an applicant for a 
position in the civil service if consideration of criminal history 
record information prior to a conditional offer with respect to the 
position is otherwise required by law.</DELETED>
<DELETED>    ``(c) Exception for Sensitive Positions.--The prohibition 
under subsection (a) shall not apply with respect to an applicant for 
an appointment to a position--</DELETED>
        <DELETED>    ``(1) that requires a determination of eligibility 
        described in subparagraph (A), (B), or (C) of section 
        9101(b)(1); or</DELETED>
        <DELETED>    ``(2) as a Federal law enforcement officer (as 
        defined in section 115(c) of title 18).</DELETED>
<DELETED>``Sec. 9203. Agency policies; whistleblower complaint 
              procedures</DELETED>
<DELETED>    ``The Director of the Office of Personnel Management 
shall--</DELETED>
        <DELETED>    ``(1) develop, implement, and publish a policy to 
        assist employees of agencies in complying with section 9202 and 
        the regulations issued pursuant to such section; and</DELETED>
        <DELETED>    ``(2) establish and publish procedures under which 
        an applicant for an appointment to a position in the civil 
        service may submit to the Office of Personnel Management a 
        complaint, or any other information, relating to compliance by 
        an employee of an agency with section 9202.</DELETED>
<DELETED>``Sec. 9204. Adverse action</DELETED>
<DELETED>    ``(a) First Violation.--If the Director of the Office of 
Personnel Management determines, after notice and an opportunity for a 
hearing on the record, that an employee of an agency has violated 
section 9202, the Director shall--</DELETED>
        <DELETED>    ``(1) issue to the employee a written warning that 
        includes a description of the violation and the additional 
        penalties that may apply for subsequent violations; 
        and</DELETED>
        <DELETED>    ``(2) file such warning in the employee's official 
        personnel record file.</DELETED>
<DELETED>    ``(b) Subsequent Violations.--If the Director of the 
Office of Personnel Management determines, after notice and an 
opportunity for a hearing on the record, that an employee that was 
subject to subsection (a) has committed a subsequent violation of 
section 9202, the Director may take the following action:</DELETED>
        <DELETED>    ``(1) For a second violation, suspension of the 
        employee for a period of not more than 7 days.</DELETED>
        <DELETED>    ``(2) For a third violation, suspension of the 
        employee for a period of more than 7 days.</DELETED>
        <DELETED>    ``(3) For a fourth violation--</DELETED>
                <DELETED>    ``(A) suspension of the employee for a 
                period of more than 7 days; and</DELETED>
                <DELETED>    ``(B) a civil penalty against the employee 
                in an amount that is not more than $250.</DELETED>
        <DELETED>    ``(4) For a fifth violation--</DELETED>
                <DELETED>    ``(A) suspension of the employee for a 
                period of more than 7 days; and</DELETED>
                <DELETED>    ``(B) a civil penalty against the employee 
                in an amount that is not more than $500.</DELETED>
        <DELETED>    ``(5) For any subsequent violation--</DELETED>
                <DELETED>    ``(A) suspension of the employee for a 
                period of more than 7 days; and</DELETED>
                <DELETED>    ``(B) a civil penalty against the employee 
                in an amount that is not more than $1,000.</DELETED>
<DELETED>``Sec. 9205. Procedures</DELETED>
<DELETED>    ``(a) Appeals.--The Director of the Office of Personnel 
Management shall by rule establish procedures providing for an appeal 
from any adverse action taken under section 9204 by not later than 30 
days after the date of the action.</DELETED>
<DELETED>    ``(b) Applicability of Other Laws.--An adverse action 
taken under section 9204 (including a determination in an appeal from 
such an action under subsection (a) of this section) shall not be 
subject to--</DELETED>
        <DELETED>    ``(1) the procedures under chapter 75; 
        or</DELETED>
        <DELETED>    ``(2) except as provided in subsection (a) of this 
        section, appeal or judicial review.</DELETED>
<DELETED>``Sec. 9206. Rules of construction</DELETED>
<DELETED>    ``Nothing in this chapter may be construed to--</DELETED>
        <DELETED>    ``(1) authorize any officer or employee of an 
        agency to request the disclosure of information described under 
        subparagraphs (B) and (C) of section 9201(4); or</DELETED>
        <DELETED>    ``(2) create a private right of action for any 
        person.''.</DELETED>
<DELETED>    (b) Regulations; Effective Date.--</DELETED>
        <DELETED>    (1) Regulations.--Not later than 1 year after the 
        date of enactment of this Act, the Director of the Office of 
        Personnel Management shall issue such regulations as are 
        necessary to carry out chapter 92 of title 5, United States 
        Code (as added by this Act).</DELETED>
        <DELETED>    (2) Effective date.--Section 9202 of title 5, 
        United States Code (as added by this Act), shall take effect on 
        the date that is 2 years after the date of enactment of this 
        Act.</DELETED>
<DELETED>    (c) Technical and Conforming Amendment.--The table of 
chapters for part III of title 5, United States Code, is amended by 
inserting after the item relating to chapter 91 the 
following:</DELETED>

<DELETED>``92. Prohibition on criminal history inquiries        9201''.
                            prior to conditional offer.
<DELETED>    (d) Application to Legislative Branch.--</DELETED>
        <DELETED>    (1) In general.--Part A of title II of the 
        Congressional Accountability Act of 1995 (2 U.S.C. 1311 et 
        seq.) is amended--</DELETED>
                <DELETED>    (A) in section 102(a) (2 U.S.C. 1302(a)), 
                by adding at the end the following:</DELETED>
        <DELETED>    ``(12) Section 9202 of title 5, United States 
        Code.'';</DELETED>
                <DELETED>    (B) by redesignating section 207 (2 U.S.C. 
                1317) as section 208; and</DELETED>
                <DELETED>    (C) by inserting after section 206 (2 
                U.S.C. 1316) the following new section:</DELETED>

<DELETED>``SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMINAL 
              HISTORY INQUIRIES.</DELETED>

<DELETED>    ``(a) Definitions.--In this section, the terms `agency', 
`criminal history record information', and `suspension' have the 
meanings given the terms in section 9201 of title 5, United States 
Code, except as otherwise modified by this section.</DELETED>
<DELETED>    ``(b) Restrictions on Criminal History Inquiries.--
</DELETED>
        <DELETED>    ``(1) In general.--An employee of an employing 
        office may not request that an applicant for employment as a 
        covered employee disclose criminal history record information 
        if the request would be prohibited under section 9202 of title 
        5, United States Code, if made by an employee of an 
        agency.</DELETED>
        <DELETED>    ``(2) Rules of construction.--The provisions of 
        section 9206 of title 5, United States Code, shall apply to 
        employing offices, consistent with regulations issued under 
        subsection (d).</DELETED>
<DELETED>    ``(c) Remedy.--</DELETED>
        <DELETED>    ``(1) In general.--The remedy for a violation of 
        subsection (b)(1) shall be such remedy as would be appropriate 
        if awarded under section 9204 of title 5, United States Code, 
        if the violation had been committed by an employee of an 
        agency, consistent with regulations issued under subsection 
        (d), except that the reference in that section to a suspension 
        shall be considered to be a suspension with the level of 
        compensation provided for a covered employee who is taking 
        unpaid leave under section 202.</DELETED>
        <DELETED>    ``(2) Process for obtaining relief.--An applicant 
        for employment as a covered employee who alleges a violation of 
        subsection (b)(1) may rely on the provisions of title IV (other 
        than sections 404(2), 407, and 408), consistent with 
        regulations issued under subsection (d).</DELETED>
<DELETED>    ``(d) Regulations To Implement Section.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 18 months after 
        the date of enactment of the Fair Chance to Compete for Jobs 
        Act of 2015, the Board shall, pursuant to section 304, issue 
        regulations to implement this section.</DELETED>
        <DELETED>    ``(2) Parallel with agency regulations.--The 
        regulations issued under paragraph (1) shall be the same as 
        substantive regulations issued by the Director of the Office of 
        Personnel Management under section 2(b)(1) of the Fair Chance 
        to Compete for Jobs Act of 2015 to implement the statutory 
        provisions referred to in subsections (a) through (c) except to 
        the extent that the Board may determine, for good cause shown 
        and stated together with the regulation, that a modification of 
        such regulations would be more effective for the implementation 
        of the rights and protections under this section.</DELETED>
<DELETED>    ``(e) Effective Date.--Section 102(a)(12) and subsections 
(a) through (c) shall take effect on the date on which section 9202 of 
title 5, United States Code, applies with respect to 
agencies.''.</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of contents of 
        such Act is amended--</DELETED>
                <DELETED>    (A) by redesignating the item relating to 
                section 207 as the item relating to section 208; 
                and</DELETED>
                <DELETED>    (B) by inserting after the item relating 
                to section 206 the following new item:</DELETED>

<DELETED>``Sec. 207. Rights and protections relating to criminal 
                            history inquiries.''.
<DELETED>    (e) Application to Judicial Branch.--</DELETED>
        <DELETED>    (1) In general.--Section 604 of title 28, United 
        States Code, is amended by adding at the end the 
        following:</DELETED>
<DELETED>    ``(i) Restrictions on Criminal History Inquiries.--
</DELETED>
        <DELETED>    ``(1) Definitions.--In this subsection--</DELETED>
                <DELETED>    ``(A) the terms `agency' and `criminal 
                history record information' have the meanings given 
                those terms in section 9201 of title 5;</DELETED>
                <DELETED>    ``(B) the term `covered employee' means an 
                employee of the judicial branch of the United States 
                Government, other than--</DELETED>
                        <DELETED>    ``(i) any judge or justice who is 
                        entitled to hold office during good 
                        behavior;</DELETED>
                        <DELETED>    ``(ii) a United States magistrate 
                        judge; or</DELETED>
                        <DELETED>    ``(iii) a bankruptcy judge; 
                        and</DELETED>
                <DELETED>    ``(C) the term `employing office' means 
                any office or entity of the judicial branch of the 
                United States Government that employs covered 
                employees.</DELETED>
        <DELETED>    ``(2) Restriction.--A covered employee may not 
        request that an applicant for employment as a covered employee 
        disclose criminal history record information if the request 
        would be prohibited under section 9202 of title 5 if made by an 
        employee of an agency.</DELETED>
        <DELETED>    ``(3) Employing office policies; whistleblower 
        complaint procedure.--The provisions of sections 9203 and 9206 
        of title 5 shall apply to employing offices and to applicants 
        for employment as covered employees, consistent with 
        regulations issued by the Director to implement this 
        subsection.</DELETED>
        <DELETED>    ``(4) Adverse action.--</DELETED>
                <DELETED>    ``(A) Adverse action.--The Director may 
                take such adverse action with respect to a covered 
                employee who violates paragraph (2) as would be 
                appropriate under section 9204 of title 5 if the 
                violation had been committed by an employee of an 
                agency.</DELETED>
                <DELETED>    ``(B) Appeals.--The Director shall by rule 
                establish procedures providing for an appeal from any 
                adverse action taken under subparagraph (A) by not 
                later than 30 days after the date of the 
                action.</DELETED>
                <DELETED>    ``(C) Applicability of other laws.--Except 
                as provided in subparagraph (B), an adverse action 
                taken under subparagraph (A) (including a determination 
                in an appeal from such an action under subparagraph 
                (B)) shall not be subject to appeal or judicial 
                review.</DELETED>
        <DELETED>    ``(5) Regulations to be issued.--</DELETED>
                <DELETED>    ``(A) In general.--Not later than 18 
                months after the date of enactment of the Fair Chance 
                to Compete for Jobs Act of 2015, the Director shall 
                issue regulations to implement this 
                subsection.</DELETED>
                <DELETED>    ``(B) Parallel with agency regulations.--
                The regulations issued under subparagraph (A) shall be 
                the same as substantive regulations promulgated by the 
                Director of the Office of Personnel Management under 
                section 2(b)(1) of the Fair Chance to Compete for Jobs 
                Act of 2015 except to the extent that the Director of 
                the Administrative Office of the United States Courts 
                may determine, for good cause shown and stated together 
                with the regulation, that a modification of such 
                regulations would be more effective for the 
                implementation of the rights and protections under this 
                subsection.</DELETED>
        <DELETED>    ``(6) Effective date.--Paragraphs (1) through (4) 
        shall take effect on the date on which section 9202 of title 5 
        applies with respect to agencies.''.</DELETED>

<DELETED>SEC. 3. PROHIBITION ON CRIMINAL HISTORY INQUIRIES BY 
              CONTRACTORS PRIOR TO CONDITIONAL OFFER.</DELETED>

<DELETED>    (a) Civilian Agency Contracts.--</DELETED>
        <DELETED>    (1) In general.--Division C of subtitle I of title 
        41, United States Code, is amended by adding at the end the 
        following new section:</DELETED>
<DELETED>``Sec. 4713. Prohibition on criminal history inquiries by 
              contractors prior to conditional offer</DELETED>
<DELETED>    ``(a) Limitation on Criminal History Inquiries.--
</DELETED>
        <DELETED>    ``(1) In general.--Except as provided in 
        paragraphs (2) and (3), an executive agency--</DELETED>
                <DELETED>    ``(A) may not require that an individual 
                or sole proprietor who submits a bid for a contract to 
                disclose criminal history record information regarding 
                that individual or sole proprietor before determining 
                the apparent awardee; and</DELETED>
                <DELETED>    ``(B) shall require as a condition of 
                receiving a Federal contract and receiving payments 
                under such contract that the contractor may not 
                verbally or through written form request the disclosure 
                of criminal history record information regarding an 
                applicant for a position related to work under such 
                contract before the contractor extends a conditional 
                offer to the applicant.</DELETED>
        <DELETED>    ``(2) Otherwise required by law.--The prohibition 
        under paragraph (1) does not apply with respect to a contract 
        if consideration of criminal history record information prior 
        to a conditional offer with respect to the position is 
        otherwise required by law.</DELETED>
        <DELETED>    ``(3) Exception for sensitive positions.--The 
        prohibition under paragraph (1) does not apply with respect to 
        a contract that requires an individual hired under the contract 
        to access classified information or to have sensitive law 
        enforcement or national security duties.</DELETED>
<DELETED>    ``(b) Whistleblower Complaint Procedures.--The 
Administrator of General Services shall establish and publish 
procedures under which an applicant for a position with a Federal 
contractor may submit to the Administrator a complaint, or any other 
information, relating to compliance by the contractor with subsection 
(a)(1)(B).</DELETED>
<DELETED>    ``(c) Adverse Action for Violations of Prohibition on 
Criminal History Inquiries.--</DELETED>
        <DELETED>    ``(1) First violation.--If the head of an 
        executive agency determines that a contractor has violated 
        subsection (a)(1)(B), such head shall--</DELETED>
                <DELETED>    ``(A) notify the contractor;</DELETED>
                <DELETED>    ``(B) provide 30 days after such 
                notification for the contractor to appeal the 
                determination; and</DELETED>
                <DELETED>    ``(C) issue a written warning to the 
                contractor that includes a description of the violation 
                and the additional penalties that may apply for 
                subsequent violations.</DELETED>
        <DELETED>    ``(2) Subsequent violation.--If the head of an 
        executive agency determines that a contractor that was subject 
        to paragraph (1) has committed a subsequent violation of 
        subsection (a)(1)(B), such head shall notify the contractor, 
        shall provide 30 days after such notification for the 
        contractor to appeal the determination, and, in consultation 
        with the relevant Federal agencies, may take actions, depending 
        on the severity of the infraction and the contractor's history 
        of violations, including--</DELETED>
                <DELETED>    ``(A) providing written guidance to the 
                contractor that the contractor's eligibility for 
                contracts requires compliance with this 
                section;</DELETED>
                <DELETED>    ``(B) requiring that the contractor 
                respond within 30 days affirming that the contractor is 
                taking steps to comply with this section;</DELETED>
                <DELETED>    ``(C) suspending payment under the 
                contract for which the applicant was being 
                considered;</DELETED>
                <DELETED>    ``(D) terminating the contract under which 
                the applicant was being considered; and</DELETED>
                <DELETED>    ``(E) referring the contractor to the 
                suspension and debarment office of the agency for 
                consideration of actions pursuant to section 9.4 of the 
                Federal Acquisition Regulation.</DELETED>
<DELETED>    ``(d) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Conditional offer.--The term `conditional 
        offer' means an offer of employment for a position related to 
        work under a contract that is conditioned upon the results of a 
        criminal history inquiry.</DELETED>
        <DELETED>    ``(2) Criminal history record information.--The 
        term `criminal history record information' has the meaning 
        given that term in section 9201 of title 5.''.</DELETED>
        <DELETED>    (2) Clerical amendment.--The table of sections for 
        division C of subtitle I of title 41, United States Code, is 
        amended by inserting after the item relating to section 4712 
        the following new item:</DELETED>

<DELETED>``4713. Prohibition on criminal history inquiries by 
                            contractors prior to conditional offer.''.
        <DELETED>    (3) Effective date.--Section 4713(a) of title 41, 
        United States Code, as added by paragraph (1), shall apply with 
        respect to contracts awarded pursuant to solicitations issued 
        after the effective date described in section 
        2(b)(2).</DELETED>
<DELETED>    (b) Defense Contracts.--</DELETED>
        <DELETED>    (1) In general.--Chapter 137 of title 10, United 
        States Code, is amended by adding at the end the following new 
        section:</DELETED>
<DELETED>``Sec. 2338. Prohibition on criminal history inquiries by 
              contractors prior to conditional offer</DELETED>
<DELETED>    ``(a) Limitation on Criminal History Inquiries.--
</DELETED>
        <DELETED>    ``(1) In general.--Except as provided in 
        paragraphs (2) and (3), the head of an agency--</DELETED>
                <DELETED>    ``(A) may not require that an individual 
                or sole proprietor who submits a bid for a contract to 
                disclose criminal history record information regarding 
                that individual or sole proprietor before determining 
                the apparent awardee; and</DELETED>
                <DELETED>    ``(B) shall require as a condition of 
                receiving a Federal contract and receiving payments 
                under such contract that the contractor may not 
                verbally or through written form request the disclosure 
                of criminal history record information regarding an 
                applicant for a position related to work under such 
                contract before such contractor extends a conditional 
                offer to the applicant.</DELETED>
        <DELETED>    ``(2) Otherwise required by law.--The prohibition 
        under paragraph (1) does not apply with respect to a contract 
        if consideration of criminal history record information prior 
        to a conditional offer with respect to the position is 
        otherwise required by law.</DELETED>
        <DELETED>    ``(3) Exception for sensitive positions.--The 
        prohibition under paragraph (1) does not apply with respect to 
        a contract that requires an individual hired under the contract 
        to access classified information or to have sensitive law 
        enforcement or national security duties.</DELETED>
<DELETED>    ``(b) Whistleblower Complaint Procedures.--The Secretary 
of Defense shall establish and publish procedures under which an 
applicant for a position with a Department of Defense contractor may 
submit a complaint, or any other information, relating to compliance by 
the contractor with subsection (a)(1)(B).</DELETED>
<DELETED>    ``(c) Adverse Action for Violations of Prohibition on 
Criminal History Inquiries.--</DELETED>
        <DELETED>    ``(1) First violation.--If the Secretary of 
        Defense determines that a contractor has violated subsection 
        (a)(1)(B), the Secretary shall--</DELETED>
                <DELETED>    ``(A) notify the contractor;</DELETED>
                <DELETED>    ``(B) provide 30 days after such 
                notification for the contractor to appeal the 
                determination; and</DELETED>
                <DELETED>    ``(C) issue a written warning to the 
                contractor that includes a description of the violation 
                and the additional penalties that may apply for 
                subsequent violations.</DELETED>
        <DELETED>    ``(2) Subsequent violations.--If the Secretary of 
        Defense determines that a contractor that was subject to 
        paragraph (1) has committed a subsequent violation of 
        subsection (a)(1)(B), the Secretary shall notify the 
        contractor, shall provide 30 days after such notification for 
        the contractor to appeal the determination, and, in 
        consultation with the relevant Federal agencies, may take 
        actions, depending on the severity of the infraction and the 
        contractor's history of violations, including--</DELETED>
                <DELETED>    ``(A) providing written guidance to the 
                contractor that the contractor's eligibility for 
                contracts requires compliance with this 
                section;</DELETED>
                <DELETED>    ``(B) requiring that the contractor 
                respond within 30 days affirming that the contractor is 
                taking steps to comply with this section;</DELETED>
                <DELETED>    ``(C) suspending payment under the 
                contract for which the applicant was being 
                considered;</DELETED>
                <DELETED>    ``(D) terminating the contract under which 
                the applicant was being considered; and</DELETED>
                <DELETED>    ``(E) referring the contractor to the 
                suspension and debarment office of the agency for 
                consideration of actions pursuant to section 9.4 of the 
                Federal Acquisition Regulation.</DELETED>
<DELETED>    ``(d) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Conditional offer.--The term `conditional 
        offer' means an offer of employment for a position related to 
        work under a contract that is conditioned upon the results of a 
        criminal history inquiry.</DELETED>
        <DELETED>    ``(2) Criminal history record information.--The 
        term `criminal history record information' has the meaning 
        given that term in section 9201 of title 5.''.</DELETED>
        <DELETED>    (2) Effective date.--Section 2338(a) of title 10, 
        United States Code, as added by paragraph (1), shall apply with 
        respect to contracts awarded pursuant to solicitations issued 
        after the effective date described in section 
        2(b)(2).</DELETED>
        <DELETED>    (3) Clerical amendment.--The table of sections for 
        chapter 137 of title 10, United States Code, is amended by 
        inserting after the item relating to section 2337 the following 
        new item:</DELETED>

<DELETED>``2338. Prohibition on criminal history inquiries by 
                            contractors prior to conditional offer.''.
<DELETED>    (c) Revisions to Federal Acquisition Regulation.--
</DELETED>
        <DELETED>    (1) In general.--Not later than 18 months after 
        the date of enactment of this Act, the Federal Acquisition 
        Regulatory Council shall revise the Federal Acquisition 
        Regulation to implement section 4713 of title 41, United States 
        Code, and section 2338 of title 10, United States Code, as 
        added by this section.</DELETED>
        <DELETED>    (2) Conformity with office of personnel management 
        regulations.--The Federal Acquisition Regulatory Council shall 
        revise the Federal Acquisition Regulation under paragraph (1) 
        in conformity with the regulations issued by the Director of 
        the Office of Personnel Management under section 2(b)(1) to the 
        maximum extent practicable. The Council shall include together 
        with such revision an explanation of any substantive 
        modification of the Office of Personnel Management regulations, 
        including an explanation of how such modification will more 
        effectively implement the rights and protections under this 
        section.</DELETED>

<DELETED>SEC. 4. REPORT ON EMPLOYMENT OF INDIVIDUALS FORMERLY 
              INCARCERATED IN FEDERAL PRISONS.</DELETED>

<DELETED>    (a) Definition.--In this section, the term ``covered 
individual''--</DELETED>
        <DELETED>    (1) means an individual who has completed a term 
        of imprisonment in a Federal prison for a Federal criminal 
        offense; and</DELETED>
        <DELETED>    (2) does not include an alien who is or will be 
        removed from the United States for a violation of the 
        immigration laws (as such term is defined in section 101 of the 
        Immigration and Nationality Act (8 U.S.C. 1101)).</DELETED>
<DELETED>    (b) Study and Report Required.--Not later than 6 months 
after the date of enactment of this Act, and every 5 years thereafter, 
the Secretary of Labor, in coordination with the Director of the Bureau 
of the Census and the Director of the Bureau of Justice Statistics, 
shall--</DELETED>
        <DELETED>    (1) conduct a study on the employment of covered 
        individuals after their release from Federal prison, including 
        by collecting--</DELETED>
                <DELETED>    (A) demographic data on covered 
                individuals, including race, age, and sex; 
                and</DELETED>
                <DELETED>    (B) data on covered individuals who are 
                denied employment, including the reasons for the 
                denials; and</DELETED>
        <DELETED>    (2) submit a report that does not include any 
        personally identifiable information on the study conducted 
        under paragraph (1) to--</DELETED>
                <DELETED>    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;</DELETED>
                <DELETED>    (B) the Committee on Health, Education, 
                Labor, and Pensions of the Senate;</DELETED>
                <DELETED>    (C) the Committee on Oversight and 
                Government Reform of the House of Representatives; 
                and</DELETED>
                <DELETED>    (D) the Committee on Education and the 
                Workforce of the House of Representatives.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Chance to Compete for Jobs Act 
of 2015'' or the ``Fair Chance Act''.

SEC. 2. PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO CONDITIONAL 
              OFFER FOR FEDERAL EMPLOYMENT.

    (a) In General.--Subpart H of part III of title 5, United States 
Code, is amended by adding at the end the following:

   ``CHAPTER 92--PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO 
                           CONDITIONAL OFFER

``Sec.
``9201. Definitions.
``9202. Limitations on requests for criminal history record 
                            information.
``9203. Agency policies; whistleblower complaint procedures.
``9204. Adverse action.
``9205. Procedures.
``9206. Rules of construction.
``Sec. 9201. Definitions
    ``In this chapter--
            ``(1) the term `agency' means `Executive agency' as such 
        term is defined in section 105 and includes--
                    ``(A) the United States Postal Service and the 
                Postal Regulatory Commission; and
                    ``(B) the Executive Office of the President;
            ``(2) the term `appointing authority' means an employee in 
        the executive branch of the Government of the United States 
        that has authority to make appointments to positions in the 
        civil service;
            ``(3) the term `conditional offer' means an offer of 
        employment in a position in the civil service that is 
        conditioned upon the results of a criminal history inquiry;
            ``(4) the term `criminal history record information'--
                    ``(A) except as provided in subparagraph (B), has 
                the meaning given the term in section 9101(a);
                    ``(B) includes any information described in the 
                first sentence of section 9101(a)(2) that has been 
                sealed or expunged pursuant to law; and
                    ``(C) includes information collected by a criminal 
                justice agency, relating to an act or alleged act of 
                juvenile delinquency, that is analogous to criminal 
                history record information (including such information 
                that has been sealed or expunged pursuant to law); and
            ``(5) the term `suspension' has the meaning given the term 
        in section 7501.
``Sec. 9202. Limitations on requests for criminal history record 
              information
    ``(a) Inquiries Prior to Conditional Offer.--Except as provided in 
subsections (b) and (c), an employee of an agency may not request, in 
oral or written form (including through the Declaration for Federal 
Employment (Office of Personnel Management Optional Form 306), or any 
similar successor form), including through the USAJOBS Internet Web 
site or any other electronic means, that an applicant for an 
appointment to a position in the civil service disclose criminal 
history record information regarding the applicant before the 
appointing authority extends a conditional offer to the applicant.
    ``(b) Otherwise Required by Law.--The prohibition under subsection 
(a) shall not apply with respect to an applicant for a position in the 
civil service if consideration of criminal history record information 
prior to a conditional offer with respect to the position is otherwise 
required by law.
    ``(c) Exception for Certain Positions.--
            ``(1) In general.--The prohibition under subsection (a) 
        shall not apply with respect to an applicant for an appointment 
        to a position--
                    ``(A) that requires a determination of eligibility 
                described in subparagraph (A), (B), or (C) of section 
                9101(b)(1);
                    ``(B) as a Federal law enforcement officer (as 
                defined in section 115(c) of title 18); or
                    ``(C) identified by the Director of the Office of 
                Personnel Management in the regulations issued under 
                paragraph (2).
            ``(2) Regulations.--
                    ``(A) Issuance.--The Director of the Office of 
                Personnel Management shall issue regulations 
                identifying additional positions with respect to which 
                the prohibition under subsection (a) shall not apply, 
                giving due consideration to positions that involve 
                interaction with minors, access to sensitive 
                information, or managing financial transactions.
                    ``(B) Compliance with civil rights laws.--The 
                regulations issued under subparagraph (A) shall--
                            ``(i) be consistent with, and in no way 
                        supersede, restrict, or limit the application 
                        of title VII of the Civil Rights Act of 1964 
                        (42 U.S.C. 2000e et seq.) or other relevant 
                        Federal civil rights laws; and
                            ``(ii) ensure that all hiring activities 
                        conducted pursuant to the regulations are 
                        conducted in a manner consistent with relevant 
                        Federal civil rights laws.
``Sec. 9203. Agency policies; complaint procedures
    ``The Director of the Office of Personnel Management shall--
            ``(1) develop, implement, and publish a policy to assist 
        employees of agencies in complying with section 9202 and the 
        regulations issued pursuant to such section; and
            ``(2) establish and publish procedures under which an 
        applicant for an appointment to a position in the civil service 
        may submit a complaint, or any other information, relating to 
        compliance by an employee of an agency with section 9202.
``Sec. 9204. Adverse action
    ``(a) First Violation.--If the Director of the Office of Personnel 
Management determines, after notice and an opportunity for a hearing on 
the record, that an employee of an agency has violated section 9202, 
the Director shall--
            ``(1) issue to the employee a written warning that includes 
        a description of the violation and the additional penalties 
        that may apply for subsequent violations; and
            ``(2) file such warning in the employee's official 
        personnel record file.
    ``(b) Subsequent Violations.--If the Director of the Office of 
Personnel Management determines, after notice and an opportunity for a 
hearing on the record, that an employee that was subject to subsection 
(a) has committed a subsequent violation of section 9202, the Director 
may take the following action:
            ``(1) For a second violation, suspension of the employee 
        for a period of not more than 7 days.
            ``(2) For a third violation, suspension of the employee for 
        a period of more than 7 days.
            ``(3) For a fourth violation--
                    ``(A) suspension of the employee for a period of 
                more than 7 days; and
                    ``(B) a civil penalty against the employee in an 
                amount that is not more than $250.
            ``(4) For a fifth violation--
                    ``(A) suspension of the employee for a period of 
                more than 7 days; and
                    ``(B) a civil penalty against the employee in an 
                amount that is not more than $500.
            ``(5) For any subsequent violation--
                    ``(A) suspension of the employee for a period of 
                more than 7 days; and
                    ``(B) a civil penalty against the employee in an 
                amount that is not more than $1,000.
``Sec. 9205. Procedures
    ``(a) Appeals.--The Director of the Office of Personnel Management 
shall by rule establish procedures providing for an appeal from any 
adverse action taken under section 9204 by not later than 30 days after 
the date of the action.
    ``(b) Applicability of Other Laws.--An adverse action taken under 
section 9204 (including a determination in an appeal from such an 
action under subsection (a) of this section) shall not be subject to--
            ``(1) the procedures under chapter 75; or
            ``(2) except as provided in subsection (a) of this section, 
        appeal or judicial review.
``Sec. 9206. Rules of construction
    ``Nothing in this chapter may be construed to--
            ``(1) authorize any officer or employee of an agency to 
        request the disclosure of information described under 
        subparagraphs (B) and (C) of section 9201(4); or
            ``(2) create a private right of action for any person.''.
    (b) Regulations; Effective Date.--
            (1) Regulations.--Not later than 1 year after the date of 
        enactment of this Act, the Director of the Office of Personnel 
        Management shall issue such regulations as are necessary to 
        carry out chapter 92 of title 5, United States Code (as added 
        by this Act).
            (2) Effective date.--Section 9202 of title 5, United States 
        Code (as added by this Act), shall take effect on the date that 
        is 2 years after the date of enactment of this Act.
    (c) Technical and Conforming Amendment.--The table of chapters for 
part III of title 5, United States Code, is amended by inserting after 
the item relating to chapter 91 the following:

``92. Prohibition on criminal history inquiries prior to        9201''.
                            conditional offer.
    (d) Application to Legislative Branch.--
            (1) In general.--The Congressional Accountability Act of 
        1995 (2 U.S.C. 1301 et seq.) is amended--
                    (A) in section 102(a) (2 U.S.C. 1302(a)), by adding 
                at the end the following:
            ``(12) Section 9202 of title 5, United States Code.'';
                    (B) by redesignating section 207 (2 U.S.C. 1317) as 
                section 208; and
                    (C) by inserting after section 206 (2 U.S.C. 1316) 
                the following new section:

``SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMINAL HISTORY 
              INQUIRIES.

    ``(a) Definitions.--In this section, the terms `agency', `criminal 
history record information', and `suspension' have the meanings given 
the terms in section 9201 of title 5, United States Code, except as 
otherwise modified by this section.
    ``(b) Restrictions on Criminal History Inquiries.--
            ``(1) In general.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an employee of an employing office 
                may not request that an applicant for employment as a 
                covered employee disclose criminal history record 
                information if the request would be prohibited under 
                section 9202 of title 5, United States Code, if made by 
                an employee of an agency.
                    ``(B) Conditional offer.--For purposes of applying 
                that section 9202 under subparagraph (A), a reference 
                in that section 9202 to a conditional offer shall be 
                considered to be an offer of employment as a covered 
                employee that is conditioned upon the results of a 
                criminal history inquiry.
            ``(2) Rules of construction.--The provisions of section 
        9206 of title 5, United States Code, shall apply to employing 
        offices, consistent with regulations issued under subsection 
        (d).
    ``(c) Remedy.--
            ``(1) In general.--The remedy for a violation of subsection 
        (b)(1) shall be such remedy as would be appropriate if awarded 
        under section 9204 of title 5, United States Code, if the 
        violation had been committed by an employee of an agency, 
        consistent with regulations issued under subsection (d), except 
        that the reference in that section to a suspension shall be 
        considered to be a suspension with the level of compensation 
        provided for a covered employee who is taking unpaid leave 
        under section 202.
            ``(2) Process for obtaining relief.--An applicant for 
        employment as a covered employee who alleges a violation of 
        subsection (b)(1) may rely on the provisions of title IV (other 
        than sections 404(2), 407, and 408), consistent with 
        regulations issued under subsection (d).
    ``(d) Regulations To Implement Section.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of the Fair Chance to Compete for Jobs Act of 
        2015, the Board shall, pursuant to section 304, issue 
        regulations to implement this section.
            ``(2) Parallel with agency regulations.--The regulations 
        issued under paragraph (1) shall be the same as substantive 
        regulations issued by the Director of the Office of Personnel 
        Management under section 2(b)(1) of the Fair Chance to Compete 
        for Jobs Act of 2015 to implement the statutory provisions 
        referred to in subsections (a) through (c) except to the extent 
        that the Board may determine, for good cause shown and stated 
        together with the regulation, that a modification of such 
        regulations would be more effective for the implementation of 
        the rights and protections under this section.
    ``(e) Effective Date.--Section 102(a)(12) and subsections (a) 
through (c) shall take effect on the date on which section 9202 of 
title 5, United States Code, applies with respect to agencies.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended--
                    (A) by redesignating the item relating to section 
                207 as the item relating to section 208; and
                    (B) by inserting after the item relating to section 
                206 the following new item:

``Sec. 207. Rights and protections relating to criminal history 
                            inquiries.''.
    (e) Application to Judicial Branch.--
            (1) In general.--Section 604 of title 28, United States 
        Code, is amended by adding at the end the following:
    ``(i) Restrictions on Criminal History Inquiries.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the terms `agency' and `criminal history 
                record information' have the meanings given those terms 
                in section 9201 of title 5;
                    ``(B) the term `covered employee' means an employee 
                of the judicial branch of the United States Government, 
                other than--
                            ``(i) any judge or justice who is entitled 
                        to hold office during good behavior;
                            ``(ii) a United States magistrate judge; or
                            ``(iii) a bankruptcy judge; and
                    ``(C) the term `employing office' means any office 
                or entity of the judicial branch of the United States 
                Government that employs covered employees.
            ``(2) Restriction.--A covered employee may not request that 
        an applicant for employment as a covered employee disclose 
        criminal history record information if the request would be 
        prohibited under section 9202 of title 5 if made by an employee 
        of an agency.
            ``(3) Employing office policies; complaint procedure.--The 
        provisions of sections 9203 and 9206 of title 5 shall apply to 
        employing offices and to applicants for employment as covered 
        employees, consistent with regulations issued by the Director 
        to implement this subsection.
            ``(4) Adverse action.--
                    ``(A) Adverse action.--The Director may take such 
                adverse action with respect to a covered employee who 
                violates paragraph (2) as would be appropriate under 
                section 9204 of title 5 if the violation had been 
                committed by an employee of an agency.
                    ``(B) Appeals.--The Director shall by rule 
                establish procedures providing for an appeal from any 
                adverse action taken under subparagraph (A) by not 
                later than 30 days after the date of the action.
                    ``(C) Applicability of other laws.--Except as 
                provided in subparagraph (B), an adverse action taken 
                under subparagraph (A) (including a determination in an 
                appeal from such an action under subparagraph (B)) 
                shall not be subject to appeal or judicial review.
            ``(5) Regulations to be issued.--
                    ``(A) In general.--Not later than 18 months after 
                the date of enactment of the Fair Chance to Compete for 
                Jobs Act of 2015, the Director shall issue regulations 
                to implement this subsection.
                    ``(B) Parallel with agency regulations.--The 
                regulations issued under subparagraph (A) shall be the 
                same as substantive regulations promulgated by the 
                Director of the Office of Personnel Management under 
                section 2(b)(1) of the Fair Chance to Compete for Jobs 
                Act of 2015 except to the extent that the Director of 
                the Administrative Office of the United States Courts 
                may determine, for good cause shown and stated together 
                with the regulation, that a modification of such 
                regulations would be more effective for the 
                implementation of the rights and protections under this 
                subsection.
            ``(6) Effective date.--Paragraphs (1) through (4) shall 
        take effect on the date on which section 9202 of title 5 
        applies with respect to agencies.''.

SEC. 3. PROHIBITION ON CRIMINAL HISTORY INQUIRIES BY CONTRACTORS PRIOR 
              TO CONDITIONAL OFFER.

    (a) Civilian Agency Contracts.--
            (1) In general.--Division C of subtitle I of title 41, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 4713. Prohibition on criminal history inquiries by contractors 
              prior to conditional offer
    ``(a) Limitation on Criminal History Inquiries.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), an executive agency--
                    ``(A) may not require that an individual or sole 
                proprietor who submits a bid for a contract to disclose 
                criminal history record information regarding that 
                individual or sole proprietor before determining the 
                apparent awardee; and
                    ``(B) shall require, as a condition of receiving a 
                Federal contract and receiving payments under such 
                contract that the contractor may not verbally, or 
                through written form, request the disclosure of 
                criminal history record information regarding an 
                applicant for a position related to work under such 
                contract before the contractor extends a conditional 
                offer to the applicant.
            ``(2) Otherwise required by law.--The prohibition under 
        paragraph (1) does not apply with respect to a contract if 
        consideration of criminal history record information prior to a 
        conditional offer with respect to the position is otherwise 
        required by law.
            ``(3) Exception for certain positions.--
                    ``(A) In general.--The prohibition under paragraph 
                (1) does not apply with respect to--
                            ``(i) a contract that requires an 
                        individual hired under the contract to access 
                        classified information or to have sensitive law 
                        enforcement or national security duties; or
                            ``(ii) a position that the Administrator of 
                        General Services identifies under the 
                        regulations issued under subparagraph (B).
                    ``(B) Regulations.--
                            ``(i) Issuance.--Not later than 16 months 
                        after the date of enactment of the Fair Chance 
                        to Compete for Jobs Act of 2015, the 
                        Administrator of General Services, in 
                        consultation with the Secretary of Defense, 
                        shall issue regulations identifying additional 
                        positions with respect to which the prohibition 
                        under paragraph (1) shall not apply, giving due 
                        consideration to positions that involve 
                        interaction with minors, access to sensitive 
                        information, or managing financial 
                        transactions.
                            ``(ii) Compliance with civil rights laws.--
                        The regulations issued under clause (i) shall--
                                    ``(I) be consistent with, and in no 
                                way supersede, restrict, or limit the 
                                application of title VII of the Civil 
                                Rights Act of 1964 (42 U.S.C. 2000e et 
                                seq.) or other relevant Federal civil 
                                rights laws; and
                                    ``(II) ensure that all hiring 
                                activities conducted pursuant to the 
                                regulations are conducted in a manner 
                                consistent with relevant Federal civil 
                                rights laws.
    ``(b) Complaint Procedures.--The Administrator of General Services 
shall establish and publish procedures under which an applicant for a 
position with a Federal contractor may submit to the Administrator a 
complaint, or any other information, relating to compliance by the 
contractor with subsection (a)(1)(B).
    ``(c) Action for Violations of Prohibition on Criminal History 
Inquiries.--
            ``(1) First violation.--If the head of an executive agency 
        determines that a contractor has violated subsection (a)(1)(B), 
        such head shall--
                    ``(A) notify the contractor;
                    ``(B) provide 30 days after such notification for 
                the contractor to appeal the determination; and
                    ``(C) issue a written warning to the contractor 
                that includes a description of the violation and the 
                additional remedies that may apply for subsequent 
                violations.
            ``(2) Subsequent violation.--If the head of an executive 
        agency determines that a contractor that was subject to 
        paragraph (1) has committed a subsequent violation of 
        subsection (a)(1)(B), such head shall notify the contractor, 
        shall provide 30 days after such notification for the 
        contractor to appeal the determination, and, in consultation 
        with the relevant Federal agencies, may take actions, depending 
        on the severity of the infraction and the contractor's history 
        of violations, including--
                    ``(A) providing written guidance to the contractor 
                that the contractor's eligibility for contracts 
                requires compliance with this section;
                    ``(B) requiring that the contractor respond within 
                30 days affirming that the contractor is taking steps 
                to comply with this section; and
                    ``(C) suspending payment under the contract for 
                which the applicant was being considered until the 
                contractor demonstrates compliance with this section.
    ``(d) Definitions.--In this section:
            ``(1) Conditional offer.--The term `conditional offer' 
        means an offer of employment for a position related to work 
        under a contract that is conditioned upon the results of a 
        criminal history inquiry.
            ``(2) Criminal history record information.--The term 
        `criminal history record information' has the meaning given 
        that term in section 9201 of title 5.''.
            (2) Clerical amendment.--The table of sections for division 
        C of subtitle I of title 41, United States Code, is amended by 
        inserting after the item relating to section 4712 the following 
        new item:

``4713. Prohibition on criminal history inquiries by contractors prior 
                            to conditional offer.''.
            (3) Effective date.--Section 4713(a) of title 41, United 
        States Code, as added by paragraph (1), shall apply with 
        respect to contracts awarded pursuant to solicitations issued 
        after the effective date described in section 2(b)(2) of this 
        Act.
    (b) Defense Contracts.--
            (1) In general.--Chapter 137 of title 10, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 2338. Prohibition on criminal history inquiries by contractors 
              prior to conditional offer
    ``(a) Limitation on Criminal History Inquiries.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), the head of an agency--
                    ``(A) may not require that an individual or sole 
                proprietor who submits a bid for a contract to disclose 
                criminal history record information regarding that 
                individual or sole proprietor before determining the 
                apparent awardee; and
                    ``(B) shall require as a condition of receiving a 
                Federal contract and receiving payments under such 
                contract that the contractor may not verbally or 
                through written form request the disclosure of criminal 
                history record information regarding an applicant for a 
                position related to work under such contract before 
                such contractor extends a conditional offer to the 
                applicant.
            ``(2) Otherwise required by law.--The prohibition under 
        paragraph (1) does not apply with respect to a contract if 
        consideration of criminal history record information prior to a 
        conditional offer with respect to the position is otherwise 
        required by law.
            ``(3) Exception for certain positions.--
                    ``(A) In general.--The prohibition under paragraph 
                (1) does not apply with respect to--
                            ``(i) a contract that requires an 
                        individual hired under the contract to access 
                        classified information or to have sensitive law 
                        enforcement or national security duties; or
                            ``(ii) a position that the Secretary of 
                        Defense identifies under the regulations issued 
                        under subparagraph (B).
                    ``(B) Regulations.--
                            ``(i) Issuance.--Not later than 16 months 
                        after the date of enactment of the Fair Chance 
                        to Compete for Jobs Act of 2015, the Secretary 
                        of Defense, in consultation with the 
                        Administrator of General Services, shall issue 
                        regulations identifying additional positions 
                        with respect to which the prohibition under 
                        paragraph (1) shall not apply, giving due 
                        consideration to positions that involve 
                        interaction with minors, access to sensitive 
                        information, or managing financial 
                        transactions.
                            ``(ii) Compliance with civil rights laws.--
                        The regulations issued under clause (i) shall--
                                    ``(I) be consistent with, and in no 
                                way supersede, restrict, or limit the 
                                application of title VII of the Civil 
                                Rights Act of 1964 (42 U.S.C. 2000e et 
                                seq.) or other relevant Federal civil 
                                rights laws; and
                                    ``(II) ensure that all hiring 
                                activities conducted pursuant to the 
                                regulations are conducted in a manner 
                                consistent with relevant Federal civil 
                                rights laws.
    ``(b) Complaint Procedures.--The Secretary of Defense shall 
establish and publish procedures under which an applicant for a 
position with a Department of Defense contractor may submit a 
complaint, or any other information, relating to compliance by the 
contractor with subsection (a)(1)(B).
    ``(c) Action for Violations of Prohibition on Criminal History 
Inquiries.--
            ``(1) First violation.--If the Secretary of Defense 
        determines that a contractor has violated subsection (a)(1)(B), 
        the Secretary shall--
                    ``(A) notify the contractor;
                    ``(B) provide 30 days after such notification for 
                the contractor to appeal the determination; and
                    ``(C) issue a written warning to the contractor 
                that includes a description of the violation and the 
                additional remedies that may apply for subsequent 
                violations.
            ``(2) Subsequent violations.--If the Secretary of Defense 
        determines that a contractor that was subject to paragraph (1) 
        has committed a subsequent violation of subsection (a)(1)(B), 
        the Secretary shall notify the contractor, shall provide 30 
        days after such notification for the contractor to appeal the 
        determination, and, in consultation with the relevant Federal 
        agencies, may take actions, depending on the severity of the 
        infraction and the contractor's history of violations, 
        including--
                    ``(A) providing written guidance to the contractor 
                that the contractor's eligibility for contracts 
                requires compliance with this section;
                    ``(B) requiring that the contractor respond within 
                30 days affirming that the contractor is taking steps 
                to comply with this section; and
                    ``(C) suspending payment under the contract for 
                which the applicant was being considered until the 
                contractor demonstrates compliance with this section.
    ``(d) Definitions.--In this section:
            ``(1) Conditional offer.--The term `conditional offer' 
        means an offer of employment for a position related to work 
        under a contract that is conditioned upon the results of a 
        criminal history inquiry.
            ``(2) Criminal history record information.--The term 
        `criminal history record information' has the meaning given 
        that term in section 9201 of title 5.''.
            (2) Effective date.--Section 2338(a) of title 10, United 
        States Code, as added by paragraph (1), shall apply with 
        respect to contracts awarded pursuant to solicitations issued 
        after the effective date described in section 2(b)(2) of this 
        Act.
            (3) Clerical amendment.--The table of sections for chapter 
        137 of title 10, United States Code, is amended by inserting 
        after the item relating to section 2337 the following new item:

``2338. Prohibition on criminal history inquiries by contractors prior 
                            to conditional offer.''.
    (c) Revisions to Federal Acquisition Regulation.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Federal Acquisition Regulatory 
        Council shall revise the Federal Acquisition Regulation to 
        implement section 4713 of title 41, United States Code, and 
        section 2338 of title 10, United States Code, as added by this 
        section.
            (2) Consistency with office of personnel management 
        regulations.--The Federal Acquisition Regulatory Council shall 
        revise the Federal Acquisition Regulation under paragraph (1) 
        to be consistent with the regulations issued by the Director of 
        the Office of Personnel Management under section 2(b)(1) to the 
        maximum extent practicable. The Council shall include together 
        with such revision an explanation of any substantive 
        modification of the Office of Personnel Management regulations, 
        including an explanation of how such modification will more 
        effectively implement the rights and protections under this 
        section.

SEC. 4. REPORT ON EMPLOYMENT OF INDIVIDUALS FORMERLY INCARCERATED IN 
              FEDERAL PRISONS.

    (a) Definition.--In this section, the term ``covered individual''--
            (1) means an individual who has completed a term of 
        imprisonment in a Federal prison for a Federal criminal 
        offense; and
            (2) does not include an alien who is or will be removed 
        from the United States for a violation of the immigration laws 
        (as such term is defined in section 101 of the Immigration and 
        Nationality Act (8 U.S.C. 1101)).
    (b) Study and Report Required.--The Director of the Bureau of 
Justice Statistics, in coordination with the Director of the Bureau of 
the Census, shall--
            (1) not later than 6 months after the date of enactment of 
        this Act, design and initiate a study on the employment of 
        covered individuals after their release from Federal prison, 
        including by collecting--
                    (A) demographic data on covered individuals, 
                including race, age, and sex; and
                    (B) data on employment and earnings of covered 
                individuals who are denied employment, including the 
                reasons for the denials; and
            (2) not later than 2 years after the date of enactment of 
        this Act, and every 5 years thereafter, submit a report that 
        does not include any personally identifiable information on the 
        study conducted under paragraph (1) to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (B) the Committee on Health, Education, Labor, and 
                Pensions of the Senate;
                    (C) the Committee on Oversight and Government 
                Reform of the House of Representatives; and
                    (D) the Committee on Education and the Workforce of 
                the House of Representatives.
                                                       Calendar No. 344

114th CONGRESS

  2d Session

                                S. 2021

                          [Report No. 114-200]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            January 12, 2016

                       Reported with an amendment
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