IB 
Union Calendar No. 301 
116TH CONGRESS 
2D SESSION 
H. R. 1076 
[Report No. 116–380, Part I] 
To prohibit Federal agencies and Federal contractors from requesting that 
an applicant for employment disclose criminal history record information 
before the applicant has received a conditional offer, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 7, 2019 
Mr. CUMMINGS (for himself and Mr. COLLINS of Georgia) introduced the fol-
lowing bill; which was referred to the Committee on Oversight and Re-
form, and in addition to the Committees on House Administration, the 
Judiciary, Armed Services, and Education and Labor, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
JANUARY 24, 2020 
Additional sponsors: Mr. NADLER, Mr. RASKIN, Ms. NORTON, Mr. KHANNA, 
Ms. OCASIO-CORTEZ, Mr. CONNOLLY, Mrs. CAROLYN B. MALONEY of 
New York, Ms. PRESSLEY, Mr. TRONE, Mr. COHEN, Mr. BUDD, Mr. 
THOMPSON
of 
California, 
Mr. 
SARBANES, 
Mr. 
CISNEROS, 
Mr. 
DESAULNIER, Mr. RYAN, Ms. SCHAKOWSKY, Mr. LYNCH, Mr. HASTINGS, 
Mr. TAKANO, Mr. MORELLE, Mr. PAPPAS, Mr. SMITH of Washington, 
and Mr. PASCRELL 
JANUARY 24, 2020 
Reported from the Committee on Oversight and Reform with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
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JANUARY 24, 2020 
Committees on House Administration, the Judiciary, Armed Services, and 
Education and Labor discharged, committed to the Committee of the 
Whole House on the State of the Union, and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on February 7, 2019] 
A BILL 
To prohibit Federal agencies and Federal contractors from 
requesting that an applicant for employment disclose 
criminal history record information before the applicant 
has received a conditional offer, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fair Chance to Compete 
for Jobs Act of 2019’’ or the ‘‘Fair Chance Act’’. 
SEC. 2. PROHIBITION ON CRIMINAL HISTORY INQUIRIES 
PRIOR TO CONDITIONAL OFFER FOR FED-
ERAL 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 CRIMI-
NAL HISTORY INQUIRIES PRIOR TO 
CONDITIONAL OFFER 
‘‘Sec. 
‘‘9201. Definitions. 
‘‘9202. Limitations on requests for criminal history record information. 
‘‘9203. Agency policies; complaint procedures. 
‘‘9204. Adverse action. 
‘‘9205. Procedures. 
‘‘9206. Rules of construction. 
‘‘§ 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; 
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‘‘§ 9202. Limitations on requests for criminal history 
record information 
‘‘(a) INQUIRIES PRIOR TO CONDITIONAL OFFER.—Ex-
cept as provided in subsections (b) and (c), an employee 
of an agency may not request, in oral or written form (in-
cluding through the Declaration for Federal Employment 
(Office of Personnel Management Optional Form 306) or 
any similar successor form, the USAJOBS internet website, 
or any other electronic means) that an applicant for an 
appointment to a position in the civil service disclose crimi-
nal history record information regarding the applicant be-
fore the appointing authority extends a conditional offer to 
the applicant. 
‘‘(b) OTHERWISE REQUIRED BY LAW.—The prohibi-
tion under subsection (a) shall not apply with respect to 
an applicant for a position in the civil service if consider-
ation of criminal history record information prior to a con-
ditional offer with respect to the position is otherwise re-
quired by law. 
‘‘(c) EXCEPTION FOR CERTAIN POSITIONS.— 
‘‘(1) IN GENERAL.—The prohibition under sub-
section (a) shall not apply with respect to an appli-
cant for an appointment to a position— 
‘‘(A) that requires a determination of eligi-
bility described in clause (i), (ii), or (iii) of sec-
tion 9101(b)(1)(A); 
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‘‘(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 subpara-
graph (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 
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conducted in a manner consistent with rel-
evant Federal civil rights laws. 
‘‘§ 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 sec-
tion; 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 em-
ployee of an agency with section 9202. 
‘‘§ 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. 
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‘‘(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 em-
ployee 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. 
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‘‘§ 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. 
‘‘§ 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 de-
scribed under subparagraphs (B) and (C) of section 
9201(4); or 
‘‘(2) create a private right of action for any per-
son.’’. 
(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 regu-
lations as are necessary to carry out chapter 92 of 
title 5, United States Code (as added by this Act). 
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(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 en-
actment 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 
conditional offer ......................................................... 9201’’. 
(d) APPLICATION TO LEGISLATIVE BRANCH.— 
(1) IN GENERAL.—The Congressional Account-
ability Act of 1995 (2 U.S.C. 1301 et seq.) is amend-
ed— 
(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 CRIMI-
NAL HISTORY INQUIRIES. 
‘‘(a) DEFINITIONS.—In this section, the terms ‘agency’, 
‘criminal history record information’, and ‘suspension’ 
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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 INQUIR-
IES.— 
‘‘(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 em-
ployment 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 subpara-
graph (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 his-
tory 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). 
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‘‘(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 com-
mitted 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 com-
pensation provided for a covered employee who is tak-
ing unpaid leave under section 202. 
‘‘(2) PROCESS FOR OBTAINING RELIEF.—An ap-
plicant for employment as a covered employee who al-
leges a violation of subsection (b)(1) may rely on the 
provisions of title IV (other than section 407 or 408, 
or a provision of this title that permits a person to 
obtain a civil action or judicial review), 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 2019, the Board shall, pursu-
ant to section 304, issue regulations to implement this 
section. 
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‘‘(2) PARALLEL WITH AGENCY REGULATIONS.— 
The regulations issued under paragraph (1) shall be 
the same as substantive regulations issued by the Di-
rector of the Office of Personnel Management under 
section 2(b)(1) of the Fair Chance to Compete for Jobs 
Act of 2019 to implement the statutory provisions re-
ferred 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 effec-
tive for the implementation of the rights and protec-
tions under this section. 
‘‘(e) EFFECTIVE DATE.—Section 102(a)(12) and sub-
sections (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 AMENDMENTS.— 
(A) The table of contents in section 1(b) of 
the Congressional Accountability Act of 1995 
(Public Law 104–1; 109 Stat. 3) is amended— 
(i) by redesignating the item relating 
to section 207 as the item relating to section 
208; and 
(ii) by inserting after the item relating 
to section 206 the following new item: 
‘‘Sec. 207. Rights and protections relating to criminal history inquiries.’’. 
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(B) Section 62(e)(2) of the Internal Revenue 
Code of 1986 is amended by striking ‘‘or 207’’ 
and inserting ‘‘207, or 208’’. 
(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 INQUIR-
IES.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the terms ‘agency’ and ‘criminal his-
tory 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 enti-
tled 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. 
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‘‘(2) RESTRICTION.—A covered employee may 
not request that an applicant for employment as a 
covered employee disclose criminal history record in-
formation 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 cov-
ered employee who violates paragraph (2) as 
would be appropriate under section 9204 of title 
5 if the violation had been committed by an em-
ployee of an agency. 
‘‘(B) APPEALS.—The Director shall by rule 
establish procedures providing for an appeal 
from any adverse action taken under subpara-
graph (A) by not later than 30 days after the 
date of the action. 
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