I 
114TH CONGRESS 
1ST SESSION H. R. 3470 
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 
SEPTEMBER 10, 2015 
Mr. CUMMINGS (for himself, Mr. ISSA, Ms. JACKSON LEE, Mr. BLUMENAUER, 
Mrs. WATSON COLEMAN, Mr. RICHMOND, Mr. CONYERS, and Mr. SCOTT 
of Virginia) introduced the following bill; which was referred to the Com-
mittee on Oversight and Government Reform, and in addition to the 
Committees on House Administration, the Judiciary, Armed Services, and 
Education and the Workforce, 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 concerned 
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 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 Com-
pete for Jobs Act of 2015’’ or the ‘‘Fair Chance Act’’. 
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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; whistleblower complaint procedures. 
‘‘9204. Adverse action. 
‘‘9205. Procedures. 
‘‘9206. Rules of construction. 
‘‘§ 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; 
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‘‘(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 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 al-
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-
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cluding 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 appli-
cant before 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 SENSITIVE POSITIONS.—The 
prohibition under subsection (a) shall not apply with re-
spect to an applicant for an appointment to a position— 
‘‘(1) that requires a determination of eligibility 
described in subparagraph (A), (B), or (C) of section 
9101(b)(1); or 
‘‘(2) as a Federal law enforcement officer (as 
defined in section 115(c) of title 18). 
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‘‘§ 9205. Procedures 
‘‘(a) APPEALS.—The Director of the Office of Per-
sonnel Management shall by rule establish procedures pro-
viding 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 determina-
tion 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 
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 
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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.— 
(1) IN GENERAL.—Part A of title II of the Con-
gressional Accountability Act of 1995 (2 U.S.C. 
1311 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: 
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‘‘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.—An employee of an employ-
ing 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. 
‘‘(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 
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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, 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 2015 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 
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the regulation, that a modification of such regula-
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 AMENDMENT.—The table of con-
tents 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 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; 
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‘‘(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; WHISTLE-
BLOWER
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.— 
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‘‘(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 2015, the 
Director shall issue regulations to implement 
this subsection. 
‘‘(B) PARALLEL
WITH
AGENCY
REGULA-
TIONS.—The regulations issued under subpara-
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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 2015 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. 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: 
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‘‘§ 4713. 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 
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. 
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‘‘(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 informa-
tion or to have sensitive law enforcement or national 
security duties. 
‘‘(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 Adminis-
trator a complaint, or any other information, relating to 
compliance by the contractor with subsection (a)(1)(B). 
‘‘(c) ADVERSE ACTION FOR VIOLATIONS OF PROHIBI-
TION 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 penalties that may apply 
for subsequent violations. 
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‘‘(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— 
‘‘(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; 
‘‘(C) suspending payment under the con-
tract for which the applicant was being consid-
ered; 
‘‘(D) terminating the contract under which 
the applicant was being considered; and 
‘‘(E) referring the contractor to the sus-
pension and debarment office of the agency for 
consideration of actions pursuant to section 9.4 
of the Federal Acquisition Regulation. 
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‘‘(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 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 condi-
tional 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 pursu-
ant to solicitations issued after the effective date de-
scribed in section 2(b)(2). 
(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: 
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‘‘§ 2338. 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-
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. 
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‘‘(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 informa-
tion or to have sensitive law enforcement or national 
security duties. 
‘‘(b) WHISTLEBLOWER COMPLAINT PROCEDURES.— 
The Secretary of Defense shall establish and publish pro-
cedures under which an applicant for a position with a 
Department of Defense contractor may submit a com-
plaint, or any other information, relating to compliance 
by the contractor with subsection (a)(1)(B). 
‘‘(c) ADVERSE ACTION FOR VIOLATIONS OF PROHIBI-
TION 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 penalties that may apply 
for subsequent violations. 
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‘‘(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-
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; 
‘‘(C) suspending payment under the con-
tract for which the applicant was being consid-
ered; 
‘‘(D) terminating the contract under which 
the applicant was being considered; and 
‘‘(E) referring the contractor to the sus-
pension and debarment office of the agency for 
consideration of actions pursuant to section 9.4 
of the Federal Acquisition Regulation. 
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‘‘(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 2338(a) of title 
10, 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). 
(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 2337 the following new item: 
‘‘2338. 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 
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4713 of title 41, United States Code, and section 
2338 of title 10, United States Code, as added by 
this section. 
(2) CONFORMITY WITH OFFICE OF PERSONNEL 
MANAGEMENT REGULATIONS.—The Federal Acquisi-
tion Regulatory Council shall revise the Federal Ac-
quisition Regulation under paragraph (1) in con-
formity with the regulations issued by the Director 
of the Office of Personnel Management under sec-
tion 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, includ-
ing an explanation of how such modification will 
more effectively implement the rights and protec-
tions under this section. 
SEC. 4. 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 
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(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.—Not later than 
6 months after the date of enactment of this Act, and 
every 5 years thereafter, the Secretary of Labor, in coordi-
nation with the Director of the Bureau of the Census and 
the Director of the Bureau of Justice Statistics, shall— 
(1) conduct a study on the employment of cov-
ered individuals after their release from Federal 
prison, including by collecting— 
(A) demographic data on covered individ-
uals, including race, age, and sex; and 
(B) data on covered individuals who are 
denied employment, including the reasons for 
the denials; and 
(2) submit a report that does not include any 
personally identifiable information on the study con-
ducted 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; 
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(C) the Committee on Oversight and Gov-
ernment Reform of the House of Representa-
tives; and 
(D) the Committee on Education and the 
Workforce of the House of Representatives. 
Æ 
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