I 
115TH CONGRESS 
1ST SESSION H. R. 1905 
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 
APRIL 5, 2017 
Mr. CUMMINGS (for himself, Mr. ISSA, Ms. JACKSON LEE, Mr. SCOTT of Vir-
ginia, Mr. SMITH of Washington, Mr. CONYERS, Mrs. WATSON COLE-
MAN, Ms. NORTON, Mr. GRIJALVA, Mr. COHEN, Mr. FOSTER, Mr. 
PAYNE, Ms. BASS, and Mr. SEAN PATRICK MALONEY of New York) in-
troduced the following bill; which was referred to the Committee on Over-
sight 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 Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction 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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fair Chance to Com-
pete for Jobs Act of 2017’’ 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 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 
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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 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. 
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‘‘§ 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), including through the 
USAJOBS internet website 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 applicant 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 CERTAIN 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 clause (i), (ii), or (iii) of section 
9101(b)(1)(A); or 
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‘‘(2) as a Federal law enforcement officer (as 
defined in section 115(c) of title 18). 
‘‘§ 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 
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 
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‘‘(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— 
‘‘(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 $500. 
‘‘(5) For any subsequent violation— 
‘‘(A) suspension of the employee for a pe-
riod of more than 7 days; and 
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‘‘(B) a civil penalty against the employee 
in an amount that is not more than $1,000. 
‘‘§ 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.— 
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(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.— 
(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 
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(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-
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 section 9202 of title 5, United 
States Code, under subparagraph (A), a ref-
erence in such section to a conditional offer in 
such section shall be considered to be an offer 
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of employment to a covered employee that is 
conditioned upon the results of a criminal his-
tory 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 
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.— 
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‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of the Fair Chance to 
Compete for Jobs Act of 2017, 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 2017 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-
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— 
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(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; 
‘‘(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 
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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, 
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-
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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 2017, the 
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 2017 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 
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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: 
‘‘§ 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 
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‘‘(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. 
‘‘(3) EXCEPTION
FOR
CERTAIN
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) 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, 
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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 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; 
‘‘(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. 
‘‘(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.’’. 
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(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) of this Act. 
(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: 
‘‘§ 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 
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‘‘(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. 
‘‘(3) EXCEPTION
FOR
CERTAIN
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) COMPLAINT PROCEDURES.—The Secretary of 
Defense shall establish and publish procedures under 
which an applicant for a position with a Department of 
Defense contractor may submit a complaint, or any other 
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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 penalties 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-
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; 
‘‘(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. 
‘‘(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.’’. 
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(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) 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 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 
4713 of title 41, United States Code, and section 
2338 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 
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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 
(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 6 months after the date of 
enactment of this Act, design and initiate a study on 
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the employment of covered individuals after their re-
lease from Federal prison, including by collecting— 
(A) demographic data on covered individ-
uals, including race, age, and sex; and 
(B) data on employment and earnings of 
covered individuals who have been denied em-
ployment, 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 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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