106 
any prohibition on employment of any person who is other-
wise authorized for employment in the United States. 
(g) ACCESS
TO SERVICES.—Notwithstanding any 
other provision of law, an alien with CRW status or status 
under subsection (a) shall be considered lawfully present 
in the United States for all purposes. Notwithstanding any 
other provision of law, individuals with CRW status or sta-
tus under subsection (a) shall be considered lawfully 
present for purposes of eligibility for Federal health care 
programs (as defined in section 1128B(f) of the Social Se-
curity Act (42 U.S.C. 1320a–7b(f))). 
(h) DEFINITIONS.—Terms used in this section have 
the meanings given such terms in section 101(a) of the 
Immigration and Nationality Act. 
SEC. 502. CRIMINAL JUSTICE BARRIERS. 
(a) BAN THE BOX.— 
(1) FEDERAL EMPLOYEES.— 
(A) PRE-OFFER.—Application for appoint-
ment in the civil service in any position that 
would be considered to be employment in a cli-
mate resilience sector if such position was with 
a private employer shall be subject to the provi-
sions of section 9202 of title 5, United States 
Code. 
VerDate Sep 11 2014 
17:38 Jan 28, 2022
Jkt 029200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H6492.IH
H6492
pamtmann on DSKBC07HB2PROD with BILLS
107 
(B) POST-OFFER.—If an offer of such an 
appointment in the civil service has been made 
to an applicant, any record of conviction of such 
applicant may not be taken into account there-
after for purposes of such an appointment, ex-
cept as provided in subparagraph (C). 
(C) EXCEPTION.—Subparagraph does not 
apply to the extent— 
(i) a record of conviction was entered 
not earlier than 5 years prior to the date 
of application; and 
(ii) the offense for which such record 
of conviction was entered would have a 
specific and particularized effect on the 
ability of the person to discharge the du-
ties of the position. 
(D) PROCEDURAL PROTECTIONS FOR POST 
OFFER.—In the case of an applicant whose 
offer is revoked pursuant to a determination 
that the exception set forth in subparagraph 
(C) applies the following shall apply: 
(i) The appointing authority shall pro-
vide the applicant a written copy of any 
background report, and shall identify each 
item in the report that the authority has 
VerDate Sep 11 2014 
17:38 Jan 28, 2022
Jkt 029200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H6492.IH
H6492
pamtmann on DSKBC07HB2PROD with BILLS
108 
determined pertains to the ability of the 
applicant to discharge the duties of the po-
sition sought, and a written justification of 
that determination. 
(ii) For a period of 60 days beginning 
on the date of the receipt of the materials 
under clause (i), an applicant may submit 
a written disputation of the accuracy of 
the criminal record and provide mitigating 
evidence or evidence of rehabilitation. 
(iii) If, after reviewing the submission 
under clause (ii), the authority determines 
that the record disqualifies the applicant, 
the authority shall send a letter notifying 
the applicant of that determination, and 
explaining the reasons for that determina-
tion. 
(2) FEDERAL CONTRACTORS.—Section 4714 of 
title 41, United States Code, is amended— 
(A) in subsection (a)(1)— 
(i) in subparagraph (A), by striking 
‘‘and’’; 
(ii) in subparagraph (B), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
VerDate Sep 11 2014 
17:38 Jan 28, 2022
Jkt 029200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H6492.IH
H6492
pamtmann on DSKBC07HB2PROD with BILLS
109 
(iii) by inserting after subparagraph 
(B) the following: 
‘‘(C) shall require, as a condition of receiv-
ing a Federal contract for work in a climate re-
silience sector (as such term is defined section 
7 of the Climate Resilience Workforce Act) and 
receiving payments under such contract that 
the contractor comply with the requirements of 
subsection (d).’’; 
(B) by redesignating subsection (d) as sub-
section (e); and 
(C) by inserting after subsection (c) the 
following: 
‘‘(d) CLIMATE RESILIENCE WORKERS.—The require-
ments under this subsection are as follows: 
‘‘(1) A contractor may not conduct any inquiry 
into the criminal history of an applicant prior to 
making a determination to make a conditional offer. 
‘‘(2) In the case of a contractor who determines 
to revoke a conditional offer to an applicant because 
of that applicant’s criminal record, the contractor 
shall submit a written justification of each such deci-
sion to the contractor monitor on a quarterly basis. 
VerDate Sep 11 2014 
17:38 Jan 28, 2022
Jkt 029200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H6492.IH
H6492
pamtmann on DSKBC07HB2PROD with BILLS
110 
‘‘(3) The contractor may not subsequently re-
voke the conditional offer solely on the basis of a 
conviction— 
‘‘(A) that is over 5 years old; and 
‘‘(B) that is for an offense that would not 
have a specific and particularized effect on the 
ability of the applicant to discharge the duties 
of the position. 
‘‘(4) Before a final decision on whether to ex-
tend an offer of employment, the contractor shall 
provide the applicant a written copy of any back-
ground report, and shall identify each item in the re-
port that the contractor has determined pertains to 
the ability of the applicant to discharge the duties 
of the position sought, and a written justification of 
that determination. 
‘‘(5) For a period of 60 days beginning on the 
date of the receipt of the materials under paragraph 
(4), an applicant may submit to the contractor a 
written disputation of the accuracy of the criminal 
record and provide mitigating evidence or evidence 
of rehabilitation. Such submission may also include 
any 
relevant 
legal 
or 
other 
information 
contextualizing or characterizing such criminal 
record. 
VerDate Sep 11 2014 
17:38 Jan 28, 2022
Jkt 029200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H6492.IH
H6492
pamtmann on DSKBC07HB2PROD with BILLS