Fair Chance Act

Bill: 114-s-2021
Sponsor: Sen. Booker, Cory A. [D-NJ]
Introduced: 2015-09-10 in the Senate
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Administrative remedies
Congressional oversight
Correctional facilities and imprisonment
Criminal justice information and records
Department of Defense
Employee hiring
Employee performance
Employment discrimination and employee rights
Government employee pay, benefits, personnel management
Government studies and investigations
Military procurement, research, weapons development
Office of Management and Budget (OMB)
Office of Personnel Management (OPM)
Public contracts and procurement

Summary:
action_date: 2015-09-10
text: 

Fair Chance to Compete for Jobs Act of 2015 or the Fair Chance Act

 
This bill prohibits federal agencies and federal contractors from requesting that applicants for employment disclose criminal history record information before receiving a conditional offer (an offer of employment conditioned upon the results of a criminal history inquiry). The bill sets forth positions to which such prohibition shall not apply, such as positions for which prior consideration of criminal history record information is otherwise required by law, positions with law enforcement and national security duties, and positions requiring access to classified information.
 
The bill prohibits agencies from requiring an individual or sole proprietor who submits a bid for a contract to disclose criminal history record information regarding that individual or sole proprietor before determining the apparent awardee.
 
The Director of the Office of Personnel Management, the Board of Directors of the Office of Compliance, the Director of the Administrative Office of the United States Courts, the Administrator of General Services, and the Secretary of Defense must: (1) establish procedures for submitting complaints about, and taking adverse actions against, agency employees and contractors for violating such prohibitions and for appealing such an adverse action; and (2) issue regulations to implement this Act. The Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation to implement the requirements of this Act.
 
The Department of Labor, in coordination with the Bureau of the Census and the Bureau of Justice Statistics, must study and report every five years on the employment of individuals who are released from federal prison after completing a term of imprisonment for a federal criminal offense.

action_date: 2016-01-12
text: 

Fair Chance to Compete for Jobs Act of 2015 or the Fair Chance Act 

 
 (Sec. 2) This bill prohibits an executive agency, including the U.S. Postal Service, the Postal Regulatory Commission, and the Executive Office of the President, from requesting an applicant for federal employment to disclose criminal history record information before a conditional offer of employment is made to the applicant. Exceptions to this prohibition are allowed for positions that, by law, require consideration of criminal history, that involve sensitive or classified information, that are law enforcement positions, or that are positions identified in regulations by the Office of Personnel Management (OPM) as requiring consideration of criminal history information. The OPM regulations must be consistent with the Civil Rights Act of 1964 and other relevant federal civil rights laws. 
 
OPM must develop, implement, and publish a policy to assist agency employees in complying with the disclosure prohibition and a complaint process for employment applicants who are improperly asked to disclose their criminal history information. OPM shall take adverse action against any agency employee who violates the disclosure prohibition. 
 
The bill amends the Congressional Accountability Act of 1995 and the federal judicial code to apply the disclosure prohibition to the legislative and judicial branches, respectively.
 
 (Sec. 3) The bill: (1) prohibits an executive agency from requiring an individual or sole proprietor who submits a bid for a civilian agency or defense contract to disclose criminal history record information before a conditional offer is made with respect to such contract; and (2) requires, as a condition of receiving a contract and payments, that a contractor may not request the disclosure of criminal history record information about an applicant for a position related to work under such contract before the contractor extends a conditional offer to the applicant. Exceptions to the prohibition include sensitive positions, positions that, by law, require consideration of criminal history, and other positions identified in General Services Administration regulations as requiring consideration of criminal history information. 
 
(Sec. 4) The Bureau of Justice Statistics in the Office of Justice Programs of the Department of Justice, in coordination with the Bureau of the Census, must design and initiate a study on the employment of individuals (not including aliens who have been or will be removed from the United States for a violation of the immigration laws) who have completed a prison term for a federal criminal offense. The study must use demographic data and data on employment and earnings of such individuals who are denied employment, including the reasons for denial. The Bureau must report on such study to specified congressional committees not later than two years after the enactment of this Act and every five years thereafter. Such report may not include any personally identifiable information. 


Legislative actions:
action_date: 2016-01-12
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 344.
action_date: 2016-01-12
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 114-200.
action_date: 2016-01-12
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 114-200.
action_date: 2015-10-07
text: Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2015-09-10
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (Sponsor introductory remarks on measure: CR S6606-6608)
action_date: 2015-09-10
text: Introduced in Senate