II 

114TH CONGRESS 

1ST SESSION S. 2021 

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, and Mr. 

BROWN) introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

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. 

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 Com5 pete for Jobs Act of 2015’’ or the ‘‘Fair Chance Act’’. 


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1 SEC. 2. PROHIBITION ON CRIMINAL HISTORY INQUIRIES 

2 PRIOR TO CONDITIONAL OFFER FOR FED3 ERAL EMPLOYMENT. 

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

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

6 following: 

7 ‘‘CHAPTER 92—PROHIBITION ON CRIMI8 NAL HISTORY INQUIRIES PRIOR TO 

9 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. 

10 ‘‘§ 9201. Definitions 

11 ‘‘In this chapter— 

12 ‘‘(1) the term ‘agency’ means ‘Executive agen13 cy’ as such term is defined in section 105 and in14 cludes— 

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

16 the Postal Regulatory Commission; and 

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

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

19 employee in the executive branch of the Government 

20 of the United States that has authority to make ap21 pointments to positions in the civil service; 


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

2 of employment in a position in the civil service that 

3 is conditioned upon the results of a criminal history 

4 inquiry; 

5 ‘‘(4) the term ‘criminal history record informa6 tion’— 

7 ‘‘(A) except as provided in subparagraph 

8 (B), has the meaning given the term in section 

9 9101(a); 

10 ‘‘(B) includes any information described in 

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

12 been sealed or expunged pursuant to law; and 

13 ‘‘(C) includes information collected by a 

14 criminal justice agency, relating to an act or al15 leged act of juvenile delinquency, that is analo16 gous to criminal history record information (in17 cluding such information that has been sealed 

18 or expunged pursuant to law); and 

19 ‘‘(5) the term ‘suspension’ has the meaning 

20 given the term in section 7501. 

21 ‘‘§ 9202. Limitations on requests for criminal history 

22 record information 

23 ‘‘(a) INQUIRIES PRIOR TO CONDITIONAL OFFER.— 

24 Except as provided in subsections (b) and (c), an employee 

25 of an agency may not request, in oral or written form (inVerDate Sep 11 2014 03:37 Sep 11, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2021.IS S2021

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1 cluding through the Declaration for Federal Employment 

2 (OPM Optional Form 306), or any similar successor 

3 form), including through the USA Jobs Internet Web site 

4 or any other electronic means, that an applicant for an 

5 appointment to a position in the civil service disclose 

6 criminal history record information regarding the appli7 cant before the appointing authority extends a conditional 

8 offer to the applicant. 

9 ‘‘(b) OTHERWISE REQUIRED BY LAW.—The prohibi10 tion under subsection (a) shall not apply with respect to 

11 an applicant for a position in the civil service if consider12 ation of criminal history record information prior to a con13 ditional offer with respect to the position is otherwise re14 quired by law. 

15 ‘‘(c) EXCEPTION FOR SENSITIVE POSITIONS.—The 

16 prohibition under subsection (a) shall not apply with re17 spect to an applicant for an appointment to a position— 

18 ‘‘(1) that requires a determination of eligibility 

19 described in subparagraph (A), (B), or (C) of section 

20 9101(b)(1); or 

21 ‘‘(2) as a Federal law enforcement officer (as 

22 defined in section 115(c) of title 18). 


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1 ‘‘§ 9203. Agency policies; whistleblower complaint 

2 procedures 

3 ‘‘The Director of the Office of Personnel Manage4 ment shall— 

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

6 assist employees of agencies in complying with sec7 tion 9202 and the regulations issued pursuant to 

8 such section; and 

9 ‘‘(2) establish and publish procedures under 

10 which an applicant for an appointment to a position 

11 in the civil service may submit to the Office of Per12 sonnel Management a complaint, or any other infor13 mation, relating to compliance by an employee of an 

14 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 

20 shall— 

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

22 that includes a description of the violation and the 

23 additional penalties that may apply for subsequent 

24 violations; and 

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

26 personnel record file. 


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

2 the Office of Personnel Management determines, after no3 tice and an opportunity for a hearing on the record, that 

4 an employee that was subject to subsection (a) has com5 mitted a subsequent violation of section 9202, the Director 

6 may 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 

10 employee for a period of more than 7 days. 

11 ‘‘(3) For a fourth violation— 

12 ‘‘(A) suspension of the employee for a pe13 riod of more than 7 days; and 

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

15 in an amount that is not more than $250. 

16 ‘‘(4) For a fifth violation— 

17 ‘‘(A) suspension of the employee for a pe18 riod of more than 7 days; and 

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

20 in an amount that is not more than $500. 

21 ‘‘(5) For any subsequent violation— 

22 ‘‘(A) suspension of the employee for a pe23 riod of more than 7 days; and 

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

25 in 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 Per3 sonnel Management shall by rule establish procedures pro4 viding for an appeal from any adverse action taken under 

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

6 the action. 

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

8 action taken under section 9204 (including a determina9 tion in an appeal from such an action under subsection 

10 (a) of this section) shall not be subject to— 

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

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

13 section, appeal or judicial review. 

14 ‘‘§ 9206. Rules of construction 

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

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

17 agency to request the disclosure of information de18 scribed under subparagraphs (B) and (C) of section 

19 9201(4); or 

20 ‘‘(2) create a private right of action for any 

21 person.’’. 

22 (b) REGULATIONS; EFFECTIVE DATE.— 

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

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

25 the Office of Personnel Management shall issue such 

26 regulations as are necessary to carry out chapter 92 


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1 of title 5, United States Code (as added by this 

2 Act). 

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

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

5 take effect on the date that is 2 years after the date 

6 of enactment of this Act. 

7 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

8 The table of chapters for part III of title 5, United States 

9 Code, is amended by inserting after the item relating to 

10 chapter 91 the following: 

‘‘92. Prohibition on criminal history inquiries prior to 

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

11 (d) APPLICATION TO LEGISLATIVE BRANCH.— 

12 (1) IN GENERAL.—Part A of title II of the Con13 gressional Accountability Act of 1995 (2 U.S.C. 

14 1311 et seq.) is amended— 

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

16 by adding at the end the following: 

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

18 Code.’’; 

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

20 1317) as section 208; and 

21 (C) by inserting after section 206 (2 

22 U.S.C. 1316) the following new section: 


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1 ‘‘SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMI2 NAL HISTORY INQUIRIES. 

3 ‘‘(a) DEFINITIONS.—In this section, the terms ‘agen4 cy’, ‘criminal history record information’, and ‘suspension’ 

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

6 5, United States Code, except as otherwise modified by 

7 this section. 

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

10 ‘‘(1) IN GENERAL.—An employee of an employ11 ing office may not request that an applicant for em12 ployment as a covered employee disclose criminal 

13 history record information if the request would be 

14 prohibited under section 9202 of title 5, United 

15 States Code, if made by an employee of an agency. 

16 ‘‘(2) RULES OF CONSTRUCTION.—The provi17 sions of section 9206 of title 5, United States Code, 

18 shall apply to employing offices, consistent with reg19 ulations issued under subsection (d). 

20 ‘‘(c) REMEDY.— 

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

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

23 be appropriate if awarded under section 9204 of title 

24 5, United States Code, if the violation had been 

25 committed by an employee of an agency, consistent 

26 with regulations issued under subsection (d), except 


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1 that the reference in that section to a suspension 

2 shall be considered to be a suspension with the level 

3 of compensation provided for a covered employee 

4 who is taking unpaid leave under section 202. 

5 ‘‘(2) PROCESS FOR OBTAINING RELIEF.—An 

6 applicant for employment as a covered employee who 

7 alleges a violation of subsection (b)(1) may rely on 

8 the provisions of title IV (other than sections 

9 404(2), 407, and 408), consistent with regulations 

10 issued under subsection (d). 

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

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

13 after the date of enactment of the Fair Chance to 

14 Compete for Jobs Act of 2015, the Board shall, pur15 suant to section 304, issue regulations to implement 

16 this section. 

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

18 The regulations issued under paragraph (1) shall be 

19 the same as substantive regulations issued by the 

20 Director of the Office of Personnel Management 

21 under section 2(b)(1) of the Fair Chance to Com22 pete for Jobs Act of 2015 to implement the statu23 tory provisions referred to in subsections (a) through 

24 (c) except to the extent that the Board may deter25 mine, for good cause shown and stated together with 


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1 the regulation, that a modification of such regula2 tions would be more effective for the implementation 

3 of the rights and protections under this section. 

4 ‘‘(e) EFFECTIVE DATE.—Section 102(a)(12) and 

5 subsections (a) through (c) shall take effect on the date 

6 on which section 9202 of title 5, United States Code, ap7 plies with respect to agencies.’’. 

8 (2) CLERICAL AMENDMENT.—The table of con9 tents of such Act is amended— 

10 (A) by redesignating the item relating to 

11 section 207 as the item relating to section 208; 

12 and 

13 (B) by inserting after the item relating to 

14 section 206 the following new item: 

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

15 (e) APPLICATION TO JUDICIAL BRANCH.— 

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

17 United States Code, is amended by adding at the 

18 end the following: 

19 ‘‘(i) RESTRICTIONS ON CRIMINAL HISTORY INQUIR20 IES.— 

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

22 ‘‘(A) the terms ‘agency’ and ‘criminal his23 tory record information’ have the meanings 

24 given those terms in section 9201 of title 5; 


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

2 employee of the judicial branch of the United 

3 States Government, other than— 

4 ‘‘(i) any judge or justice who is enti5 tled to hold office during good behavior; 

6 ‘‘(ii) a United States magistrate 

7 judge; or 

8 ‘‘(iii) a bankruptcy judge; and 

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

10 office or entity of the judicial branch of the 

11 United States Government that employs covered 

12 employees. 

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

14 not request that an applicant for employment as a 

15 covered employee disclose criminal history record in16 formation if the request would be prohibited under 

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

18 agency. 

19 ‘‘(3) EMPLOYING OFFICE POLICIES; WHISTLE20 BLOWER COMPLAINT PROCEDURE.—The provisions 

21 of sections 9203 and 9206 of title 5 shall apply to 

22 employing offices and to applicants for employment 

23 as covered employees, consistent with regulations 

24 issued by the Director to implement this subsection. 

25 ‘‘(4) ADVERSE ACTION.— 


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1 ‘‘(A) ADVERSE ACTION.—The Director 

2 may take such adverse action with respect to a 

3 covered employee who violates paragraph (2) as 

4 would be appropriate under section 9204 of 

5 title 5 if the violation had been committed by 

6 an employee of an agency. 

7 ‘‘(B) APPEALS.—The Director shall by 

8 rule establish procedures providing for an ap9 peal from any adverse action taken under sub10 paragraph (A) by not later than 30 days after 

11 the date of the action. 

12 ‘‘(C) APPLICABILITY OF OTHER LAWS.— 

13 Except as provided in subparagraph (B), an ad14 verse action taken under subparagraph (A) (in15 cluding a determination in an appeal from such 

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

17 subject to appeal or judicial review. 

18 ‘‘(5) REGULATIONS TO BE ISSUED.— 

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

20 months after the date of enactment of the Fair 

21 Chance to Compete for Jobs Act of 2015, the 

22 Director shall issue regulations to implement 

23 this subsection. 

24 ‘‘(B) PARALLEL WITH AGENCY REGULA25 TIONS.—The regulations issued under subparaVerDate Sep 11 2014 03:37 Sep 11, 2015 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2021.IS S2021

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1 graph (A) shall be the same as substantive reg2 ulations promulgated by the Director of the Of3 fice of Personnel Management under section 

4 2(b)(1) of the Fair Chance to Compete for Jobs 

5 Act of 2015 except to the extent that the Direc6 tor of the Administrative Office of the United 

7 States Courts may determine, for good cause 

8 shown and stated together with the regulation, 

9 that a modification of such regulations would be 

10 more effective for the implementation of the 

11 rights and protections under this subsection. 

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

13 through (4) shall take effect on the date on which 

14 section 9202 of title 5 applies with respect to agen15 cies.’’. 

16 SEC. 3. PROHIBITION ON CRIMINAL HISTORY INQUIRIES BY 

17 CONTRACTORS PRIOR TO CONDITIONAL 

18 OFFER. 

19 (a) CIVILIAN AGENCY CONTRACTS.— 

20 (1) IN GENERAL.—Division C of subtitle I of 

21 title 41, United States Code, is amended by adding 

22 at the end the following new section: 


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1 ‘‘§ 4713. Prohibition on criminal history inquiries by 

2 contractors prior to conditional offer 

3 ‘‘(a) LIMITATION ON CRIMINAL HISTORY INQUIR4 IES.— 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graphs (2) and (3), an executive agency— 

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

8 sole proprietor who submits a bid for a contract 

9 to disclose criminal history record information 

10 regarding that individual or sole proprietor be11 fore determining the apparent awardee; and 

12 ‘‘(B) shall require as a condition of receiv13 ing a Federal contract and receiving payments 

14 under such contract that the contractor may 

15 not verbally or through written form request 

16 the disclosure of criminal history record infor17 mation regarding an applicant for a position re18 lated to work under such contract before the 

19 contractor extends a conditional offer to the ap20 plicant. 

21 ‘‘(2) OTHERWISE REQUIRED BY LAW.—The 

22 prohibition under paragraph (1) does not apply with 

23 respect to a contract if consideration of criminal his24 tory record information prior to a conditional offer 

25 with respect to the position is otherwise required by 

26 law. 


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1 ‘‘(3) EXCEPTION FOR SENSITIVE POSITIONS.— 

2 The prohibition under paragraph (1) does not apply 

3 with respect to a contract that requires an individual 

4 hired under the contract to access classified informa5 tion or to have sensitive law enforcement or national 

6 security duties. 

7 ‘‘(b) WHISTLEBLOWER COMPLAINT PROCEDURES.— 

8 The Administrator of General Services shall establish and 

9 publish procedures under which an applicant for a position 

10 with a Federal contractor may submit to the Adminis11 trator a complaint, or any other information, relating to 

12 compliance by the contractor with subsection (a)(1)(B). 

13 ‘‘(c) ADVERSE ACTION FOR VIOLATIONS OF PROHIBI14 TION ON CRIMINAL HISTORY INQUIRIES.— 

15 ‘‘(1) FIRST VIOLATION.—If the head of an exec16 utive agency determines that a contractor has vio17 lated subsection (a)(1)(B), such head shall— 

18 ‘‘(A) notify the contractor; 

19 ‘‘(B) provide 30 days after such notifica20 tion for the contractor to appeal the determina21 tion; and 

22 ‘‘(C) issue a written warning to the con23 tractor that includes a description of the viola24 tion and the additional penalties that may apply 

25 for subsequent violations. 


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

2 an executive agency determines that a contractor 

3 that was subject to paragraph (1) has committed a 

4 subsequent violation of subsection (a)(1)(B), such 

5 head shall notify the contractor, shall provide 30 

6 days after such notification for the contractor to ap7 peal the determination, and, in consultation with the 

8 relevant Federal agencies, may take actions, depend9 ing on the severity of the infraction and the contrac10 tor’s history of violations, including— 

11 ‘‘(A) providing written guidance to the 

12 contractor that the contractor’s eligibility for 

13 contracts requires compliance with this section; 

14 ‘‘(B) requiring that the contractor respond 

15 within 30 days affirming that the contractor is 

16 taking steps to comply with this section; 

17 ‘‘(C) suspending payment under the con18 tract for which the applicant was being consid19 ered; 

20 ‘‘(D) terminating the contract under which 

21 the applicant was being considered; and 

22 ‘‘(E) referring the contractor to the sus23 pension and debarment office of the agency for 

24 consideration of actions pursuant to section 9.4 

25 of the Federal Acquisition Regulation. 


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

2 ‘‘(1) CONDITIONAL OFFER.—The term ‘condi3 tional offer’ means an offer of employment for a po4 sition related to work under a contract that is condi5 tioned upon the results of a criminal history inquiry. 

6 ‘‘(2) CRIMINAL HISTORY RECORD INFORMA7 TION.—The term ‘criminal history record informa8 tion’ has the meaning given that term in section 

9 9201 of title 5.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions for division C of subtitle I of title 41, United 

12 States Code, is amended by inserting after the item 

13 relating to section 4712 the following new item: 

‘‘4713. Prohibition on criminal history inquiries by contractors prior to conditional offer.’’. 

14 (3) EFFECTIVE DATE.—Section 4713(a) of title 

15 41, United States Code, as added by paragraph (1), 

16 shall apply with respect to contracts awarded pursu17 ant to solicitations issued after the effective date de18 scribed in section 2(b)(2). 

19 (b) DEFENSE CONTRACTS.— 

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

21 United States Code, is amended by adding at the 

22 end the following new section: 


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1 ‘‘§ 2338. Prohibition on criminal history inquiries by 

2 contractors prior to conditional offer 

3 ‘‘(a) LIMITATION ON CRIMINAL HISTORY INQUIR4 IES.— 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graphs (2) and (3), the head of an agency— 

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

8 sole proprietor who submits a bid for a contract 

9 to disclose criminal history record information 

10 regarding that individual or sole proprietor be11 fore determining the apparent awardee; and 

12 ‘‘(B) shall require as a condition of receiv13 ing a Federal contract and receiving payments 

14 under such contract that the contractor may 

15 not verbally or through written form request 

16 the disclosure of criminal history record infor17 mation regarding an applicant for a position re18 lated to work under such contract before such 

19 contractor extends a conditional offer to the ap20 plicant. 

21 ‘‘(2) OTHERWISE REQUIRED BY LAW.—The 

22 prohibition under paragraph (1) does not apply with 

23 respect to a contract if consideration of criminal his24 tory record information prior to a conditional offer 

25 with respect to the position is otherwise required by 

26 law. 


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1 ‘‘(3) EXCEPTION FOR SENSITIVE POSITIONS.— 

2 The prohibition under paragraph (1) does not apply 

3 with respect to a contract that requires an individual 

4 hired under the contract to access classified informa5 tion or to have sensitive law enforcement or national 

6 security duties. 

7 ‘‘(b) WHISTLEBLOWER COMPLAINT PROCEDURES.— 

8 The Secretary of Defense shall establish and publish pro9 cedures under which an applicant for a position with a 

10 Department of Defense contractor may submit a com11 plaint, or any other information, relating to compliance 

12 by the contractor with subsection (a)(1)(B). 

13 ‘‘(c) ADVERSE ACTION FOR VIOLATIONS OF PROHIBI14 TION ON CRIMINAL HISTORY INQUIRIES.— 

15 ‘‘(1) FIRST VIOLATION.—If the Secretary of 

16 Defense determines that a contractor has violated 

17 subsection (a)(1)(B), the Secretary shall— 

18 ‘‘(A) notify the contractor; 

19 ‘‘(B) provide 30 days after such notifica20 tion for the contractor to appeal the determina21 tion; and 

22 ‘‘(C) issue a written warning to the con23 tractor that includes a description of the viola24 tion and the additional penalties that may apply 

25 for subsequent violations. 


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1 ‘‘(2) SUBSEQUENT VIOLATIONS.—If the Sec2 retary of Defense determines that a contractor that 

3 was subject to paragraph (1) has committed a sub4 sequent violation of subsection (a)(1)(B), the Sec5 retary shall notify the contractor, shall provide 30 

6 days after such notification for the contractor to ap7 peal the determination, and, in consultation with the 

8 relevant Federal agencies, may take actions, depend9 ing on the severity of the infraction and the contrac10 tor’s history of violations, including— 

11 ‘‘(A) providing written guidance to the 

12 contractor that the contractor’s eligibility for 

13 contracts requires compliance with this section; 

14 ‘‘(B) requiring that the contractor respond 

15 within 30 days affirming that the contractor is 

16 taking steps to comply with this section; 

17 ‘‘(C) suspending payment under the con18 tract for which the applicant was being consid19 ered; 

20 ‘‘(D) terminating the contract under which 

21 the applicant was being considered; and 

22 ‘‘(E) referring the contractor to the sus23 pension and debarment office of the agency for 

24 consideration of actions pursuant to section 9.4 

25 of the Federal Acquisition Regulation. 


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

2 ‘‘(1) CONDITIONAL OFFER.—The term ‘condi3 tional offer’ means an offer of employment for a po4 sition related to work under a contract that is condi5 tioned upon the results of a criminal history inquiry. 

6 ‘‘(2) CRIMINAL HISTORY RECORD INFORMA7 TION.—The term ‘criminal history record informa8 tion’ has the meaning given that term in section 

9 9201 of title 5.’’. 

10 (2) EFFECTIVE DATE.—Section 2338(a) of title 

11 10, United States Code, as added by paragraph (1), 

12 shall apply with respect to contracts awarded pursu13 ant to solicitations issued after the effective date de14 scribed in section 2(b)(2). 

15 (3) CLERICAL AMENDMENT.—The table of sec16 tions for chapter 137 of title 10, United States 

17 Code, is amended by inserting after the item relating 

18 to section 2337 the following new item: 

‘‘2338. Prohibition on criminal history inquiries by contractors prior to conditional offer.’’. 

19 (c) REVISIONS TO FEDERAL ACQUISITION REGULA20 TION.— 

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

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

23 Acquisition Regulatory Council shall revise the Fed24 eral Acquisition Regulation to implement section 


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1 4713 of title 41, United States Code, and section 

2 2338 of title 10, United States Code, as added by 

3 this section. 

4 (2) CONFORMITY WITH OFFICE OF PERSONNEL

5 MANAGEMENT REGULATIONS.—The Federal Acquisi6 tion Regulatory Council shall revise the Federal Ac7 quisition Regulation under paragraph (1) in con8 formity with the regulations issued by the Director 

9 of the Office of Personnel Management under sec10 tion 2(b)(1) to the maximum extent practicable. The 

11 Council shall include together with such revision an 

12 explanation of any substantive modification of the 

13 Office of Personnel Management regulations, includ14 ing an explanation of how such modification will 

15 more effectively implement the rights and protec16 tions under this section. 

17 SEC. 4. REPORT ON EMPLOYMENT OF INDIVIDUALS FOR18 MERLY INCARCERATED IN FEDERAL PRIS19 ONS. 

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

21 individual’’— 

22 (1) means an individual who has completed a 

23 term of imprisonment in a Federal prison for a Fed24 eral criminal offense; and 


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

2 removed from the United States for a violation of 

3 the immigration laws (as such term is defined in sec4 tion 101 of the Immigration and Nationality Act (8 

5 U.S.C. 1101)). 

6 (b) STUDY AND REPORT REQUIRED.—Not later than 

7 6 months after the date of enactment of this Act, and 

8 every 5 years thereafter, the Secretary of Labor, in coordi9 nation with the Director of the Bureau of the Census and 

10 the Director of the Bureau of Justice Statistics, shall— 

11 (1) conduct a study on the employment of cov12 ered individuals after their release from Federal 

13 prison, including by collecting— 

14 (A) demographic data on covered individ15 uals, including race, age, and sex; and 

16 (B) data on covered individuals who are 

17 denied employment, including the reasons for 

18 the denials; and 

19 (2) submit a report that does not include any 

20 personally identifiable information on the study con21 ducted under paragraph (1) to— 

22 (A) the Committee on Homeland Security 

23 and Governmental Affairs of the Senate; 

24 (B) the Committee on Health, Education, 

25 Labor, and Pensions of the Senate; 


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25 

•S 2021 IS

1 (C) the Committee on Oversight and Gov2 ernment Reform of the House of Representa3 tives; and 

4 (D) the Committee on Education and the 

5 Workforce of the House of Representatives. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS