SEC. 14. LIMITATION OF ELIGIBILITY FOR FUNDS. 
Beginning in the first fiscal year that begins after 
the date that is one year after the date of enactment of 
this Act, a State or unit of local government may not re-
ceive funds under subpart 1 of part E of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (34 
U.S.C. 10151 et seq.) or the under section 1701 of title 
I of the Omnibus Crime Control and Safe Streets Act of 
1968 (34 U.S.C. 10381) for a fiscal year if, on the day 
before the first day of the fiscal year, the State or unit 
of local government has a law in effect that establishes 
criminal penalties for the possession of an amount of a 
controlled substance consistent with personal use. 
SEC. 15. 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. 
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‘‘§ 9201. Definitions 
‘‘In this chapter— 
‘‘(1) the term ‘agency’ means ‘Executive agen-
cy’ as such term is defined in section 105 and in-
cludes— 
‘‘(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 ap-
pointments 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 informa-
tion’— 
‘‘(A) except as provided in subparagraphs 
(B) and (C), 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 al-
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leged act of juvenile delinquency, that is analo-
gous to criminal history record information (in-
cluding 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. 
‘‘§ 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 (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 dis-
close criminal history record information regarding the ap-
plicant before the appointing authority extends a condi-
tional 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. 
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‘‘(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); 
‘‘(B) as a Federal law enforcement officer 
(as defined in section 115(c) of title 18); or 
‘‘(C) identified by the Director of the Of-
fice of Personnel Management in the regula-
tions issued under paragraph (2). 
‘‘(2) REGULATIONS.— 
‘‘(A) ISSUANCE.—The Director of the Of-
fice of Personnel Management shall issue regu-
lations identifying additional positions with re-
spect 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 fi-
nancial transactions. 
‘‘(B) COMPLIANCE
WITH
CIVIL
RIGHTS 
LAWS.—The regulations issued under subpara-
graph (A) shall— 
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‘‘(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 rel-
evant Federal civil rights laws. 
‘‘§ 9203. Agency policies; complaint procedures 
‘‘The Director of the Office of Personnel Manage-
ment shall— 
‘‘(1) develop, implement, and publish a policy to 
assist employees of agencies in complying with sec-
tion 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 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 
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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 no-
tice and an opportunity for a hearing on the record, that 
an employee that was subject to subsection (a) has com-
mitted 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 pe-
riod 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— 
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‘‘(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 
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 
conditional offer .................................................... 9201’’. 
(d) APPLICATION TO LEGISLATIVE BRANCH.— 
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(1) IN GENERAL.—The Congressional Account-
ability 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 CRIMI-
NAL HISTORY INQUIRIES. 
‘‘(a) DEFINITIONS.—In this section, the terms ‘agen-
cy’, ‘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 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 crimi-
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nal 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 
history inquiry. 
‘‘(2) RULES
OF
CONSTRUCTION.—The provi-
sions of section 9206 of title 5, United States Code, 
shall apply to employing offices, consistent with reg-
ulations 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 
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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 section 407 or 
408, or a provision of this title that permits a per-
son to obtain a civil action or judicial review), con-
sistent 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, pur-
suant 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 Com-
pete for Jobs Act of 2019 to implement the statu-
tory provisions referred to in subsections (a) through 
(c) except to the extent that the Board may deter-
mine, for good cause shown and stated together with 
the regulation, that a modification of such regula-
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tions 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, ap-
plies 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 sec-
tion 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.’’. 
(B) Section 62(e)(2) of the Internal Rev-
enue 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— 
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‘‘(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. 
‘‘(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, 
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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 ap-
peal from any adverse action taken under sub-
paragraph (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 ad-
verse action taken under subparagraph (A) (in-
cluding 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 2019, the 
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Director shall issue regulations to implement 
this subsection. 
‘‘(B) PARALLEL
WITH
AGENCY
REGULA-
TIONS.—The regulations issued under subpara-
graph (A) shall be the same as substantive reg-
ulations promulgated by the Director of the Of-
fice of Personnel Management under section 
2(b)(1) of the Fair Chance to Compete for Jobs 
Act of 2019 except to the extent that the Direc-
tor 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 agen-
cies.’’. 
SEC. 16. PROHIBITION ON CRIMINAL HISTORY INQUIRIES 
BY CONTRACTORS PRIOR TO CONDITIONAL 
OFFER. 
(a) CIVILIAN AGENCY CONTRACTS.— 
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(1) IN
GENERAL.—Chapter 47 of title 41, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 4714. Prohibition on criminal history inquiries by 
contractors prior to conditional offer 
‘‘(a) LIMITATION ON CRIMINAL HISTORY INQUIR-
IES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (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 be-
fore determining the apparent awardee; and 
‘‘(B) shall require, as a condition of receiv-
ing 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 infor-
mation regarding an applicant for a position re-
lated to work under such contract before the 
contractor extends a conditional offer to the ap-
plicant. 
‘‘(2) OTHERWISE
REQUIRED
BY
LAW.—The 
prohibition under paragraph (1) does not apply with 
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respect to a contract if consideration of criminal his-
tory 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 indi-
vidual hired under the contract to access 
classified information or to have sensitive 
law enforcement or national security du-
ties; 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 
2019, the Administrator of General Serv-
ices, in consultation with the Secretary of 
Defense, shall issue regulations identifying 
additional positions with respect to which 
the prohibition under paragraph (1) shall 
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not apply, giving due consideration to posi-
tions that involve interaction with minors, 
access to sensitive information, or man-
aging 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 activi-
ties conducted pursuant to the regula-
tions are conducted in a manner con-
sistent 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). 
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‘‘(c) ACTION FOR VIOLATIONS OF PROHIBITION ON 
CRIMINAL HISTORY INQUIRIES.— 
‘‘(1) FIRST VIOLATION.—If the head of an exec-
utive agency determines that a contractor has vio-
lated subsection (a)(1)(B), such head shall— 
‘‘(A) notify the contractor; 
‘‘(B) provide 30 days after such notifica-
tion for the contractor to appeal the determina-
tion; and 
‘‘(C) issue a written warning to the con-
tractor that includes a description of the viola-
tion 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 ap-
peal the determination, and, in consultation with the 
relevant Federal agencies, may take actions, depend-
ing on the severity of the infraction and the contrac-
tor’s history of violations, including— 
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‘‘(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 con-
tract for which the applicant was being consid-
ered until the contractor demonstrates compli-
ance with this section. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) CONDITIONAL OFFER.—The term ‘condi-
tional offer’ means an offer of employment for a po-
sition related to work under a contract that is condi-
tioned upon the results of a criminal history inquiry. 
‘‘(2) CRIMINAL
HISTORY
RECORD
INFORMA-
TION.—The term ‘criminal history record informa-
tion’ has the meaning given that term in section 
9201 of title 5.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 47 of title 41, United States Code, 
is amended by adding at the end the following new 
item: 
‘‘4714. Prohibition on criminal history inquiries by contractors prior to condi-
tional offer.’’. 
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(3) EFFECTIVE DATE.—Section 4714 of title 
41, United States Code, as added by paragraph (1), 
shall apply with respect to contracts awarded pursu-
ant to solicitations issued after the effective date de-
scribed 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 inserting after 
section 2338 the following new section: 
‘‘§ 2339. Prohibition on criminal history inquiries by 
contractors prior to conditional offer 
‘‘(a) LIMITATION ON CRIMINAL HISTORY INQUIR-
IES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (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 be-
fore determining the apparent awardee; and 
‘‘(B) shall require as a condition of receiv-
ing 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 infor-
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mation regarding an applicant for a position re-
lated to work under such contract before such 
contractor extends a conditional offer to the ap-
plicant. 
‘‘(2) OTHERWISE
REQUIRED
BY
LAW.—The 
prohibition under paragraph (1) does not apply with 
respect to a contract if consideration of criminal his-
tory 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 indi-
vidual hired under the contract to access 
classified information or to have sensitive 
law enforcement or national security du-
ties; 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 
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2019, the Secretary of Defense, in con-
sultation with the Administrator of Gen-
eral Services, shall issue regulations identi-
fying additional positions with respect to 
which the prohibition under paragraph (1) 
shall not apply, giving due consideration to 
positions that involve interaction with mi-
nors, 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 activi-
ties conducted pursuant to the regula-
tions are conducted in a manner con-
sistent with relevant Federal civil 
rights laws. 
‘‘(b) COMPLAINT PROCEDURES.—The Secretary of 
Defense shall establish and publish procedures under 
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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 notifica-
tion for the contractor to appeal the determina-
tion; and 
‘‘(C) issue a written warning to the con-
tractor that includes a description of the viola-
tion and the additional remedies that may apply 
for subsequent violations. 
‘‘(2) SUBSEQUENT
VIOLATIONS.—If the Sec-
retary of Defense determines that a contractor that 
was subject to paragraph (1) has committed a sub-
sequent violation of subsection (a)(1)(B), the Sec-
retary shall notify the contractor, shall provide 30 
days after such notification for the contractor to ap-
peal the determination, and, in consultation with the 
relevant Federal agencies, may take actions, depend-
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ing on the severity of the infraction and the contrac-
tor’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 con-
tract for which the applicant was being consid-
ered until the contractor demonstrates compli-
ance with this section. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) CONDITIONAL OFFER.—The term ‘condi-
tional offer’ means an offer of employment for a po-
sition related to work under a contract that is condi-
tioned upon the results of a criminal history inquiry. 
‘‘(2) CRIMINAL
HISTORY
RECORD
INFORMA-
TION.—The term ‘criminal history record informa-
tion’ has the meaning given that term in section 
9201 of title 5.’’. 
(2) EFFECTIVE DATE.—Section 2339(a) of title 
10, United States Code, as added by paragraph (1), 
shall apply with respect to contracts awarded pursu-
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ant to solicitations issued after the effective date de-
scribed in section 2(b)(2) of this Act. 
(3) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 137 of title 10, United States 
Code, is amended by inserting after the item relating 
to section 2338 the following new item: 
‘‘2339. Prohibition on criminal history inquiries by contractors prior to condi-
tional offer.’’. 
(c) REVISIONS TO FEDERAL ACQUISITION REGULA-
TION.— 
(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this Act, the Federal 
Acquisition Regulatory Council shall revise the Fed-
eral Acquisition Regulation to implement section 
4714 of title 41, United States Code, and section 
2339 of title 10, United States Code, as added by 
this section. 
(2) CONSISTENCY WITH OFFICE OF PERSONNEL 
MANAGEMENT REGULATIONS.—The Federal Acquisi-
tion Regulatory Council shall revise the Federal Ac-
quisition Regulation under paragraph (1) to be con-
sistent 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 
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Office of Personnel Management regulations, includ-
ing an explanation of how such modification will 
more effectively implement the rights and protec-
tions under this section. 
SEC. 17. REPORT ON EMPLOYMENT OF INDIVIDUALS FOR-
MERLY INCARCERATED IN FEDERAL PRIS-
ONS. 
(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 Fed-
eral 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 sec-
tion 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 180 days after the date of 
enactment of this Act, design and initiate a study on 
the employment of covered individuals after their re-
lease from Federal prison, including by collecting— 
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(A) demographic data on covered individ-
uals, 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 en-
actment 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 Re-
form of the House of Representatives; and 
(D) the Committee on Education and 
Labor of the House of Representatives. 
SEC. 18. DETERMINATION OF BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
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vided that such statement has been submitted prior to the 
vote on passage. 
SEC. 19. DEFINITIONS. 
In this Act: 
(1) CORRECTIONAL
INSTITUTION
OR
FACIL-
ITY.—The term ‘‘correctional institution or facility’’ 
means any prison, penitentiary, jail, or other institu-
tion or facility for the confinement of individuals 
convicted of criminal offenses, whether publicly or 
privately operated, except that such term does not 
include any residential community treatment center 
(or similar public or private facility). 
(2) CRIMINAL JUSTICE SENTENCE.—The term 
‘‘criminal justice sentence’’ means any requirement 
imposed pursuant to a sentence, including incarcer-
ation, supervised release, parole, or probation. 
(3) ELECTION.—The term ‘‘election’’ means— 
(A) a general, special, primary, or runoff 
election; 
(B) a convention or caucus of a political 
party held to nominate a candidate; 
(C) a primary election held for the selec-
tion of delegates to a national nominating con-
vention of a political party; or 
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(D) a primary election held for the expres-
sion of a preference for the nomination of per-
sons for election to the office of President. 
(4) ELIGIBLE OFFENSE.—The term ‘‘eligible of-
fense’’ means an offense for a controlled substances 
with respect to an amount that is lower than the 
benchmark determined by the Commission on Sub-
stance Use, Health, and Safety established under 
section 6 of this Act. 
(5) FEDERAL OFFICE.—The term ‘‘Federal of-
fice’’ means the office of President or Vice President 
of the United States, or of Senator or Representa-
tive in, or Delegate or Resident Commissioner to, 
the Congress of the United States. 
(6) INDIGENOUS
COMMUNITIES.—The term 
‘‘Indigenous communities’’ includes each of the Fed-
erally recognized Indian tribes. 
(7) PROBATION.—The term ‘‘probation’’ means 
probation, imposed by a Federal, State, or local 
court, with or without a condition on the individual 
involved concerning— 
(A) the individual’s freedom of movement; 
(B) the payment of damages by the indi-
vidual; 
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(C) periodic reporting by the individual to 
an officer of the court; or 
(D) supervision of the individual by an of-
ficer of the court. 
Æ 
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