,,ii ,calendar ,no4 #cdd #aadth ,,congress #b;d ,session ,s4 #bjba ,report ,no4 #aad-bjj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #aj1 #bjae,mr4 ,booker 7for himself1 ,mr4 ,johnson1 ,ms4 ,baldwin1 ,mrs4 ,ernst1 ,mr4 ,brown1 ,mr4 ,peters1 ,mr4 ,portman1 ,mrs4 ,murray1 ,mr4 ,kaine1 ,mr4 ,franken1 ,mr4 ,wyden1 and ,mr4 ,murphy7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,january #ab1 #bjaf,reported by ,mr4 ,johnson1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,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 offer1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fair ,chance to ,compete for ,jobs ,act of #bjae or the ,fair ,chance ,act4 #b4 ,prohibition on criminal history inquiries prior to conditional offer for ,federal employment 7a7 ,in general ,subpart ,h of part ,,iii of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #ib ,prohibition on criminal history inquiries prior to conditional offer ,sec4 #ibja4 ,definitions4#ibjb4 ,limitations on requests for criminal history record information4#ibjc4 ,agency policies2 whistleblower complaint procedures4#ibjd4 ,adverse action4#ibje4 ,procedures4#ibjf4 ,rules of construction4 #ibja4 ,definitions ,in this chapter-- 7#a7 the term agency means ,executive agency as such term is defined in section #aje and includes-- 7,a7 the ,united ,states ,postal ,service and the ,postal ,regulatory ,commission2 and 7,b7 the ,executive ,office of the ,president2 7#b7 the term appointing authority means an employee in the executive branch of the ,government of the ,united ,states that has authority to make appointments to positions in the civil service2 7#c7 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 inquiry2 7#d7 the term criminal history record information-- 7,a7 except as provided in subparagraph 7,b71 has the meaning given the term in section #iaja7;a72 7,b7 includes any information described in the first sentence of section #iaja7;a77#b7 that has been sealed or expunged pursuant to law2 and 7,c7 includes information collected by a criminal justice agency1 relating to an act or alleged act of juvenile delinquency1 that is analogous to criminal history record information 7including such information that has been sealed or expunged pursuant to law72 and 7#e7 the term suspension has the meaning given the term in section #geja4 #ibjb4 ,limitations on requests for criminal history record information 7a7 ,inquiries prior to conditional offer ,except as provided in subsections 7b7 and 7c71 an employee of an agency may not request1 in oral or written form 7including through the ,declaration for ,federal ,employment 7,,opm ,optional ,form #cjf71 or any similar successor form71 including through the ,,usa ,jobs ,internet ,web site or any other electronic means1 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 applicant4 7b7 ,otherwise required by law ,the prohibition under subsection 7a7 shall not apply with respect to an applicant for a position in the civil service if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law4 7c7 ,exception for sensitive positions ,the prohibition under subsection 7a7 shall not apply with respect to an applicant for an appointment to a position-- 7#a7 that requires a determination of eligibility described in subparagraph 7,a71 7,b71 or 7,c7 of section #iaja7;b77#a72 or 7#b7 as a ,federal law enforcement officer 7as defined in section #aae7;c7 of title #ah74 #ibjc4 ,agency policies2 whistleblower complaint procedures ,the ,director of the ,office of ,personnel ,management shall-- 7#a7 develop1 implement1 and publish a policy to assist employees of agencies in complying with section #ibjb and the regulations issued pursuant to such section2 and 7#b7 establish and publish procedures under which an applicant for an appointment to a position in the civil service may submit to the ,office of ,personnel ,management a complaint1 or any other information1 relating to compliance by an employee of an agency with section #ibjb4 #ibjd4 ,adverse action 7a7 ,first violation ,if the ,director of the ,office of ,personnel ,management determines1 after notice and an opportunity for a hearing on the record1 that an employee of an agency has violated section #ibjb1 the ,director shall-- 7#a7 issue to the employee a written warning that includes a description of the violation and the additional penalties that may apply for subsequent violations2 and 7#b7 file such warning in the employee's official personnel record file4 7b7 ,subsequent violations ,if the ,director of the ,office of ,personnel ,management determines1 after notice and an opportunity for a hearing on the record1 that an employee that was subject to subsection 7a7 has committed a subsequent violation of section #ibjb1 the ,director may take the following action3 7#a7 ,for a second violation1 suspension of the employee for a period of not more than #g days4 7#b7 ,for a third violation1 suspension of the employee for a period of more than #g days4 7#c7 ,for a fourth violation-- 7,a7 suspension of the employee for a period of more than #g days2 and 7,b7 a civil penalty against the employee in an amount that is not more than #bej4 7#d7 ,for a fifth violation-- 7,a7 suspension of the employee for a period of more than #g days2 and 7,b7 a civil penalty against the employee in an amount that is not more than #ejj4 7#e7 ,for any subsequent violation-- 7,a7 suspension of the employee for a period of more than #g days2 and 7,b7 a civil penalty against the employee in an amount that is not more than #a1jjj4 #ibje4 ,procedures 7a7 ,appeals ,the ,director of the ,office of ,personnel ,management shall by rule establish procedures providing for an appeal from any adverse action taken under section #ibjd by not later than #cj days after the date of the action4 7b7 ,applicability of other laws ,an adverse action taken under section #ibjd 7including a determination in an appeal from such an action under subsection 7a7 of this section7 shall not be subject to-- 7#a7 the procedures under chapter #ge2 or 7#b7 except as provided in subsection 7a7 of this section1 appeal or judicial review4 #ibjf4 ,rules of construction ,nothing in this chapter may be construed to-- 7#a7 authorize any officer or employee of an agency to request the disclosure of information described under subparagraphs 7,b7 and 7,c7 of section #ibja7d72 or 7#b7 create a private right of action for any person4 4 7b7 ,regulations2 effective date 7#a7 ,regulations ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,office of ,personnel ,management shall issue such regulations as are necessary to carry out chapter #ib of title #e1 ,united ,states ,code 7as added by this ,act74 7#b7 ,effective date ,section #ibjb of title #e1 ,united ,states ,code 7as added by this ,act71 shall take effect on the date that is #b years after the date of enactment of this ,act4 7c7 ,technical and conforming amendment ,the table of chapters for part ,,iii of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #ia the following3 #ib4,prohibition on criminal history inquiries prior to conditional offer#ibja 4 7d7 ,application to ,legislative ,branch 7#a7 ,in general ,part ,a of title ,,ii of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acaa et seq47 is amended-- 7,a7 in section #ajb7;a7 7#b ,u4,s4,c4 #acjb7;a771 by adding at the end the following3 7#ab7 ,section #ibjb of title #e1 ,united ,states ,code4 2 7,b7 by redesignating section #bjg 7#b ,u4,s4,c4 #acag7 as section #bjh2 and 7,c7 by inserting after section #bjf 7#b ,u4,s4,c4 #acaf7 the following new section3 #bjg4 ,rights and protections relating to criminal history inquiries 7a7 ,definitions ,in this section1 the terms agency1 criminal history record information1 and suspension have the meanings given the terms in section #ibja of title #e1 ,united ,states ,code1 except as otherwise modified by this section4 7b7 ,restrictions on criminal history inquiries 7#a7 ,in general ,an employee of an employing office may not request that an applicant for employment as a covered employee disclose criminal history record information if the request would be prohibited under section #ibjb of title #e1 ,united ,states ,code1 if made by an employee of an agency4 7#b7 ,rules of construction ,the provisions of section #ibjf of title #e1 ,united ,states ,code1 shall apply to employing offices1 consistent with regulations issued under subsection 7d74 7c7 ,remedy 7#a7 ,in general ,the remedy for a violation of subsection 7b77#a7 shall be such remedy as would be appropriate if awarded under section #ibjd of title #e1 ,united ,states ,code1 if the violation had been committed by an employee of an agency1 consistent with regulations issued under subsection 7d71 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 #bjb4 7#b7 ,process for obtaining relief ,an applicant for employment as a covered employee who alleges a violation of subsection 7b77#a7 may rely on the provisions of title ,,iv 7other than sections #djd7b71 #djg1 and #djh71 consistent with regulations issued under subsection 7d74 7d7 ,regulations ,to implement section 7#a7 ,in general ,not later than #ah months after the date of enactment of the ,fair ,chance to ,compete for ,jobs ,act of #bjae1 the ,board shall1 pursuant to section #cjd1 issue regulations to implement this section4 7#b7 ,parallel with agency regulations ,the regulations issued under paragraph 7#a7 shall be the same as substantive regulations issued by the ,director of the ,office of ,personnel ,management under section #b7;b77#a7 of the ,fair ,chance to ,compete for ,jobs ,act of #bjae to implement the statutory provisions referred to in subsections 7a7 through 7c7 except to the extent that the ,board may determine1 for good cause shown and stated together with the regulation1 that a modification of such regulations would be more effective for the implementation of the rights and protections under this section4 7e7 ,effective ,date ,section #ajb7;a77#ab7 and subsections 7a7 through 7c7 shall take effect on the date on which section #ibjb of title #e1 ,united ,states ,code1 applies with respect to agencies4 4 7#b7 ,clerical amendment ,the table of contents of such ,act is amended-- 7,a7 by redesignating the item relating to section #bjg as the item relating to section #bjh2 and 7,b7 by inserting after the item relating to section #bjf the following new item3 ,sec4 #bjg4 ,rights and protections relating to criminal history inquiries4 4 7e7 ,application to judicial branch 7#a7 ,in general ,section #fjd of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 ,restrictions on criminal history inquiries 7#a7 ,definitions ,in this subsection-- 7,a7 the terms agency and criminal history record information have the meanings given those terms in section #ibja of title #e2 7,b7 the term covered employee means an employee of the judicial branch of the ,united ,states ,government1 other than-- 7i7 any judge or justice who is entitled to hold office during good behavior2 7ii7 a ,united ,states magistrate judge2 or 7iii7 a bankruptcy judge2 and 7,c7 the term employing office means any office or entity of the judicial branch of the ,united ,states ,government that employs covered employees4 7#b7 ,restriction ,a covered employee may not request that an applicant for employment as a covered employee disclose criminal history record information if the request would be prohibited under section #ibjb of title #e if made by an employee of an agency4 7#c7 ,employing office policies2 whistleblower complaint procedure ,the provisions of sections #ibjc and #ibjf of title #e shall apply to employing offices and to applicants for employment as covered employees1 consistent with regulations issued by the ,director to implement this subsection4 7#d7 ,adverse action 7,a7 ,adverse action ,the ,director may take such adverse action with respect to a covered employee who violates paragraph 7#b7 as would be appropriate under section #ibjd of title #e if the violation had been committed by an employee of an agency4 7,b7 ,appeals ,the ,director shall by rule establish procedures providing for an appeal from any adverse action taken under subparagraph 7,a7 by not later than #cj days after the date of the action4 7,c7 ,applicability of other laws ,except as provided in subparagraph 7,b71 an adverse action taken under subparagraph 7,a7 7including a determination in an appeal from such an action under subparagraph 7,b77 shall not be subject to appeal or judicial review4 7#e7 ,regulations to be issued 7,a7 ,in general ,not later than #ah months after the date of enactment of the ,fair ,chance to ,compete for ,jobs ,act of #bjae1 the ,director shall issue regulations to implement this subsection4 7,b7 ,parallel with agency regulations ,the regulations issued under subparagraph 7,a7 shall be the same as substantive regulations promulgated by the ,director of the ,office of ,personnel ,management under section #b7;b77#a7 of the ,fair ,chance to ,compete for ,jobs ,act of #bjae except to the extent that the ,director of the ,administrative ,office of the ,united ,states ,courts may determine1 for good cause shown and stated together with the regulation1 that a modification of such regulations would be more effective for the implementation of the rights and protections under this subsection4 7#f7 ,effective date ,paragraphs 7#a7 through 7#d7 shall take effect on the date on which section #ibjb of title #e applies with respect to agencies4 4 #c4 ,prohibition on criminal history inquiries by contractors prior to conditional offer 7a7 ,civilian agency contracts 7#a7 ,in general ,division ,c of subtitle ,i of title #da1 ,united ,states ,code1 is amended by adding at the end the following new section3 #dgac4 ,prohibition on criminal history inquiries by contractors prior to conditional offer 7a7 ,limitation on criminal history inquiries 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 an executive agency-- 7,a7 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 before determining the apparent awardee2 and 7,b7 shall require as a condition of receiving 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 information regarding an applicant for a position related to work under such contract before the contractor extends a conditional offer to the applicant4 7#b7 ,otherwise required by law ,the prohibition under paragraph 7#a7 does not apply with respect to a contract if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law4 7#c7 ,exception for sensitive positions ,the prohibition under paragraph 7#a7 does not apply with respect to a contract that requires an individual hired under the contract to access classified information or to have sensitive law enforcement or national security duties4 7b7 ,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 ,administrator a complaint1 or any other information1 relating to compliance by the contractor with subsection 7a77#a77;,b74 7c7 ,adverse action for violations of prohibition on criminal history inquiries 7#a7 ,first violation ,if the head of an executive agency determines that a contractor has violated subsection 7a77#a77;,b71 such head shall-- 7,a7 notify the contractor2 7,b7 provide #cj days after such notification for the contractor to appeal the determination2 and 7,c7 issue a written warning to the contractor that includes a description of the violation and the additional penalties that may apply for subsequent violations4 7#b7 ,subsequent violation ,if the head of an executive agency determines that a contractor that was subject to paragraph 7#a7 has committed a subsequent violation of subsection 7a77#a77;,b71 such head shall notify the contractor1 shall provide #cj days after such notification for the contractor to appeal the determination1 and1 in consultation with the relevant ,federal agencies1 may take actions1 depending on the severity of the infraction and the contractor's history of violations1 including-- 7,a7 providing written guidance to the contractor that the contractor's eligibility for contracts requires compliance with this section2 7,b7 requiring that the contractor respond within #cj days affirming that the contractor is taking steps to comply with this section2 7,c7 suspending payment under the contract for which the applicant was being considered2 7,d7 terminating the contract under which the applicant was being considered2 and 7,e7 referring the contractor to the suspension and debarment office of the agency for consideration of actions pursuant to section #i4d of the ,federal ,acquisition ,regulation4 7d7 ,definitions ,in this section3 7#a7 ,conditional offer ,the term conditional offer means an offer of employment for a position related to work under a contract that is conditioned upon the results of a criminal history inquiry4 7#b7 ,criminal history record information ,the term criminal history record information has the meaning given that term in section #ibja of title #e4 4 7#b7 ,clerical amendment ,the table of sections for division ,c of subtitle ,i of title #da1 ,united ,states ,code1 is amended by inserting after the item relating to section #dgab the following new item3 #dgac4 ,prohibition on criminal history inquiries by contractors prior to conditional offer4 4 7#c7 ,effective date ,section #dgac7;a7 of title #da1 ,united ,states ,code1 as added by paragraph 7#a71 shall apply with respect to contracts awarded pursuant to solicitations issued after the effective date described in section #b7;b77#b74 7b7 ,defense contracts 7#a7 ,in general ,chapter #acg of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new section3 #bcch4 ,prohibition on criminal history inquiries by contractors prior to conditional offer 7a7 ,limitation on criminal history inquiries 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 the head of an agency-- 7,a7 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 before determining the apparent awardee2 and 7,b7 shall require as a condition of receiving 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 information regarding an applicant for a position related to work under such contract before such contractor extends a conditional offer to the applicant4 7#b7 ,otherwise required by law ,the prohibition under paragraph 7#a7 does not apply with respect to a contract if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law4 7#c7 ,exception for sensitive positions ,the prohibition under paragraph 7#a7 does not apply with respect to a contract that requires an individual hired under the contract to access classified information or to have sensitive law enforcement or national security duties4 7b7 ,whistleblower 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 complaint1 or any other information1 relating to compliance by the contractor with subsection 7a77#a77;,b74 7c7 ,adverse action for violations of prohibition on criminal history inquiries 7#a7 ,first violation ,if the ,secretary of ,defense determines that a contractor has violated subsection 7a77#a77;,b71 the ,secretary shall-- 7,a7 notify the contractor2 7,b7 provide #cj days after such notification for the contractor to appeal the determination2 and 7,c7 issue a written warning to the contractor that includes a description of the violation and the additional penalties that may apply for subsequent violations4 7#b7 ,subsequent violations ,if the ,secretary of ,defense determines that a contractor that was subject to paragraph 7#a7 has committed a subsequent violation of subsection 7a77#a77;,b71 the ,secretary shall notify the contractor1 shall provide #cj days after such notification for the contractor to appeal the determination1 and1 in consultation with the relevant ,federal agencies1 may take actions1 depending on the severity of the infraction and the contractor's history of violations1 including-- 7,a7 providing written guidance to the contractor that the contractor's eligibility for contracts requires compliance with this section2 7,b7 requiring that the contractor respond within #cj days affirming that the contractor is taking steps to comply with this section2 7,c7 suspending payment under the contract for which the applicant was being considered2 7,d7 terminating the contract under which the applicant was being considered2 and 7,e7 referring the contractor to the suspension and debarment office of the agency for consideration of actions pursuant to section #i4d of the ,federal ,acquisition ,regulation4 7d7 ,definitions ,in this section3 7#a7 ,conditional offer ,the term conditional offer means an offer of employment for a position related to work under a contract that is conditioned upon the results of a criminal history inquiry4 7#b7 ,criminal history record information ,the term criminal history record information has the meaning given that term in section #ibja of title #e4 4 7#b7 ,effective date ,section #bcch7;a7 of title #aj1 ,united ,states ,code1 as added by paragraph 7#a71 shall apply with respect to contracts awarded pursuant to solicitations issued after the effective date described in section #b7;b77#b74 7#c7 ,clerical amendment ,the table of sections for chapter #acg of title #aj1 ,united ,states ,code1 is amended by inserting after the item relating to section #bccg the following new item3 #bcch4 ,prohibition on criminal history inquiries by contractors prior to conditional offer4 4 7c7 ,revisions to ,federal ,acquisition ,regulation 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,federal ,acquisition ,regulatory ,council shall revise the ,federal ,acquisition ,regulation to implement section #dgac of title #da1 ,united ,states ,code1 and section #bcch of title #aj1 ,united ,states ,code1 as added by this section4 7#b7 ,conformity with ,office of ,personnel ,management regulations ,the ,federal ,acquisition ,regulatory ,council shall revise the ,federal ,acquisition ,regulation under paragraph 7#a7 in conformity with the regulations issued by the ,director of the ,office of ,personnel ,management under section #b7;b77#a7 to the maximum extent practicable4 ,the ,council shall include together with such revision an explanation of any substantive modification of the ,office of ,personnel ,management regulations1 including an explanation of how such modification will more effectively implement the rights and protections under this section4 #d4 ,report on employment of individuals formerly incarcerated in ,federal prisons 7a7 ,definition ,in this section1 the term covered individual-- 7#a7 means an individual who has completed a term of imprisonment in a ,federal prison for a ,federal criminal offense2 and 7#b7 does not include an alien who is or will be removed from the ,united ,states for a violation of the immigration laws 7as such term is defined in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja774 7b7 ,study and report required ,not later than #f months after the date of enactment of this ,act1 and every #e years thereafter1 the ,secretary of ,labor1 in coordination with the ,director of the ,bureau of the ,census and the ,director of the ,bureau of ,justice ,statistics1 shall-- 7#a7 conduct a study on the employment of covered individuals after their release from ,federal prison1 including by collecting-- 7,a7 demographic data on covered individuals1 including race1 age1 and sex2 and 7,b7 data on covered individuals who are denied employment1 including the reasons for the denials2 and 7#b7 submit a report that does not include any personally identifiable information on the study conducted under paragraph 7#a7 to-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 7,c7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives2 and 7,d7 the ,committee on ,education and the ,workforce of the ,house of ,representatives4 #a4 ,short title ,this ,act may be cited as the ,fair ,chance to ,compete for ,jobs ,act of #bjae or the ,fair ,chance ,act4 #b4 ,prohibition on criminal history inquiries prior to conditional offer for ,federal employment 7a7 ,in general ,subpart ,h of part ,,iii of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #ib ,prohibition on criminal history inquiries prior to conditional offer ,sec4 #ibja4 ,definitions4#ibjb4 ,limitations on requests for criminal history record information4#ibjc4 ,agency policies2 whistleblower complaint procedures4#ibjd4 ,adverse action4#ibje4 ,procedures4#ibjf4 ,rules of construction4 #ibja4 ,definitions ,in this chapter-- 7#a7 the term agency means ,executive agency as such term is defined in section #aje and includes-- 7,a7 the ,united ,states ,postal ,service and the ,postal ,regulatory ,commission2 and 7,b7 the ,executive ,office of the ,president2 7#b7 the term appointing authority means an employee in the executive branch of the ,government of the ,united ,states that has authority to make appointments to positions in the civil service2 7#c7 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 inquiry2 7#d7 the term criminal history record information-- 7,a7 except as provided in subparagraph 7,b71 has the meaning given the term in section #iaja7;a72 7,b7 includes any information described in the first sentence of section #iaja7;a77#b7 that has been sealed or expunged pursuant to law2 and 7,c7 includes information collected by a criminal justice agency1 relating to an act or alleged act of juvenile delinquency1 that is analogous to criminal history record information 7including such information that has been sealed or expunged pursuant to law72 and 7#e7 the term suspension has the meaning given the term in section #geja4 #ibjb4 ,limitations on requests for criminal history record information 7a7 ,inquiries prior to conditional offer ,except as provided in subsections 7b7 and 7c71 an employee of an agency may not request1 in oral or written form 7including through the ,declaration for ,federal ,employment 7,office of ,personnel ,management ,optional ,form #cjf71 or any similar successor form71 including through the ,,usajobs ,internet ,web site or any other electronic means1 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 applicant4 7b7 ,otherwise required by law ,the prohibition under subsection 7a7 shall not apply with respect to an applicant for a position in the civil service if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law4 7c7 ,exception for certain positions 7#a7 ,in general ,the prohibition under subsection 7a7 shall not apply with respect to an applicant for an appointment to a position-- 7,a7 that requires a determination of eligibility described in subparagraph 7,a71 7,b71 or 7,c7 of section #iaja7;b77#a72 7,b7 as a ,federal law enforcement officer 7as defined in section #aae7;c7 of title #ah72 or 7,c7 identified by the ,director of the ,office of ,personnel ,management in the regulations issued under paragraph 7#b74 7#b7 ,regulations 7,a7 ,issuance ,the ,director of the ,office of ,personnel ,management shall issue regulations identifying additional positions with respect to which the prohibition under subsection 7a7 shall not apply1 giving due consideration to positions that involve interaction with minors1 access to sensitive information1 or managing financial transactions4 7,b7 ,compliance with civil rights laws ,the regulations issued under subparagraph 7,a7 shall-- 7i7 be consistent with1 and in no way supersede1 restrict1 or limit the application of title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 or other relevant ,federal civil rights laws2 and 7ii7 ensure that all hiring activities conducted pursuant to the regulations are conducted in a manner consistent with relevant ,federal civil rights laws4 #ibjc4 ,agency policies2 complaint procedures ,the ,director of the ,office of ,personnel ,management shall-- 7#a7 develop1 implement1 and publish a policy to assist employees of agencies in complying with section #ibjb and the regulations issued pursuant to such section2 and 7#b7 establish and publish procedures under which an applicant for an appointment to a position in the civil service may submit a complaint1 or any other information1 relating to compliance by an employee of an agency with section #ibjb4 #ibjd4 ,adverse action 7a7 ,first violation ,if the ,director of the ,office of ,personnel ,management determines1 after notice and an opportunity for a hearing on the record1 that an employee of an agency has violated section #ibjb1 the ,director shall-- 7#a7 issue to the employee a written warning that includes a description of the violation and the additional penalties that may apply for subsequent violations2 and 7#b7 file such warning in the employee's official personnel record file4 7b7 ,subsequent violations ,if the ,director of the ,office of ,personnel ,management determines1 after notice and an opportunity for a hearing on the record1 that an employee that was subject to subsection 7a7 has committed a subsequent violation of section #ibjb1 the ,director may take the following action3 7#a7 ,for a second violation1 suspension of the employee for a period of not more than #g days4 7#b7 ,for a third violation1 suspension of the employee for a period of more than #g days4 7#c7 ,for a fourth violation-- 7,a7 suspension of the employee for a period of more than #g days2 and 7,b7 a civil penalty against the employee in an amount that is not more than #bej4 7#d7 ,for a fifth violation-- 7,a7 suspension of the employee for a period of more than #g days2 and 7,b7 a civil penalty against the employee in an amount that is not more than #ejj4 7#e7 ,for any subsequent violation-- 7,a7 suspension of the employee for a period of more than #g days2 and 7,b7 a civil penalty against the employee in an amount that is not more than #a1jjj4 #ibje4 ,procedures 7a7 ,appeals ,the ,director of the ,office of ,personnel ,management shall by rule establish procedures providing for an appeal from any adverse action taken under section #ibjd by not later than #cj days after the date of the action4 7b7 ,applicability of other laws ,an adverse action taken under section #ibjd 7including a determination in an appeal from such an action under subsection 7a7 of this section7 shall not be subject to-- 7#a7 the procedures under chapter #ge2 or 7#b7 except as provided in subsection 7a7 of this section1 appeal or judicial review4 #ibjf4 ,rules of construction ,nothing in this chapter may be construed to-- 7#a7 authorize any officer or employee of an agency to request the disclosure of information described under subparagraphs 7,b7 and 7,c7 of section #ibja7d72 or 7#b7 create a private right of action for any person4 4 7b7 ,regulations2 effective date 7#a7 ,regulations ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,office of ,personnel ,management shall issue such regulations as are necessary to carry out chapter #ib of title #e1 ,united ,states ,code 7as added by this ,act74 7#b7 ,effective date ,section #ibjb of title #e1 ,united ,states ,code 7as added by this ,act71 shall take effect on the date that is #b years after the date of enactment of this ,act4 7c7 ,technical and conforming amendment ,the table of chapters for part ,,iii of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #ia the following3 #ib4,prohibition on criminal history inquiries prior to conditional offer#ibja 4 7d7 ,application to ,legislative ,branch 7#a7 ,in general ,the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq47 is amended-- 7,a7 in section #ajb7;a7 7#b ,u4,s4,c4 #acjb7;a771 by adding at the end the following3 7#ab7 ,section #ibjb of title #e1 ,united ,states ,code4 2 7,b7 by redesignating section #bjg 7#b ,u4,s4,c4 #acag7 as section #bjh2 and 7,c7 by inserting after section #bjf 7#b ,u4,s4,c4 #acaf7 the following new section3 #bjg4 ,rights and protections relating to criminal history inquiries 7a7 ,definitions ,in this section1 the terms agency1 criminal history record information1 and suspension have the meanings given the terms in section #ibja of title #e1 ,united ,states ,code1 except as otherwise modified by this section4 7b7 ,restrictions on criminal history inquiries 7#a7 ,in general 7,a7 ,in general ,except as provided in subparagraph 7,b71 an employee of an employing office may not request that an applicant for employment as a covered employee disclose criminal history record information if the request would be prohibited under section #ibjb of title #e1 ,united ,states ,code1 if made by an employee of an agency4 7,b7 ,conditional offer ,for purposes of applying that section #ibjb under subparagraph 7,a71 a reference in that section #ibjb 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 inquiry4 7#b7 ,rules of construction ,the provisions of section #ibjf of title #e1 ,united ,states ,code1 shall apply to employing offices1 consistent with regulations issued under subsection 7d74 7c7 ,remedy 7#a7 ,in general ,the remedy for a violation of subsection 7b77#a7 shall be such remedy as would be appropriate if awarded under section #ibjd of title #e1 ,united ,states ,code1 if the violation had been committed by an employee of an agency1 consistent with regulations issued under subsection 7d71 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 #bjb4 7#b7 ,process for obtaining relief ,an applicant for employment as a covered employee who alleges a violation of subsection 7b77#a7 may rely on the provisions of title ,,iv 7other than sections #djd7b71 #djg1 and #djh71 consistent with regulations issued under subsection 7d74 7d7 ,regulations ,to implement section 7#a7 ,in general ,not later than #ah months after the date of enactment of the ,fair ,chance to ,compete for ,jobs ,act of #bjae1 the ,board shall1 pursuant to section #cjd1 issue regulations to implement this section4 7#b7 ,parallel with agency regulations ,the regulations issued under paragraph 7#a7 shall be the same as substantive regulations issued by the ,director of the ,office of ,personnel ,management under section #b7;b77#a7 of the ,fair ,chance to ,compete for ,jobs ,act of #bjae to implement the statutory provisions referred to in subsections 7a7 through 7c7 except to the extent that the ,board may determine1 for good cause shown and stated together with the regulation1 that a modification of such regulations would be more effective for the implementation of the rights and protections under this section4 7e7 ,effective ,date ,section #ajb7;a77#ab7 and subsections 7a7 through 7c7 shall take effect on the date on which section #ibjb of title #e1 ,united ,states ,code1 applies with respect to agencies4 4 7#b7 ,clerical amendment ,the table of contents of such ,act is amended-- 7,a7 by redesignating the item relating to section #bjg as the item relating to section #bjh2 and 7,b7 by inserting after the item relating to section #bjf the following new item3 ,sec4 #bjg4 ,rights and protections relating to criminal history inquiries4 4 7e7 ,application to judicial branch 7#a7 ,in general ,section #fjd of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 ,restrictions on criminal history inquiries 7#a7 ,definitions ,in this subsection-- 7,a7 the terms agency and criminal history record information have the meanings given those terms in section #ibja of title #e2 7,b7 the term covered employee means an employee of the judicial branch of the ,united ,states ,government1 other than-- 7i7 any judge or justice who is entitled to hold office during good behavior2 7ii7 a ,united ,states magistrate judge2 or 7iii7 a bankruptcy judge2 and 7,c7 the term employing office means any office or entity of the judicial branch of the ,united ,states ,government that employs covered employees4 7#b7 ,restriction ,a covered employee may not request that an applicant for employment as a covered employee disclose criminal history record information if the request would be prohibited under section #ibjb of title #e if made by an employee of an agency4 7#c7 ,employing office policies2 complaint procedure ,the provisions of sections #ibjc and #ibjf of title #e shall apply to employing offices and to applicants for employment as covered employees1 consistent with regulations issued by the ,director to implement this subsection4 7#d7 ,adverse action 7,a7 ,adverse action ,the ,director may take such adverse action with respect to a covered employee who violates paragraph 7#b7 as would be appropriate under section #ibjd of title #e if the violation had been committed by an employee of an agency4 7,b7 ,appeals ,the ,director shall by rule establish procedures providing for an appeal from any adverse action taken under subparagraph 7,a7 by not later than #cj days after the date of the action4 7,c7 ,applicability of other laws ,except as provided in subparagraph 7,b71 an adverse action taken under subparagraph 7,a7 7including a determination in an appeal from such an action under subparagraph 7,b77 shall not be subject to appeal or judicial review4 7#e7 ,regulations to be issued 7,a7 ,in general ,not later than #ah months after the date of enactment of the ,fair ,chance to ,compete for ,jobs ,act of #bjae1 the ,director shall issue regulations to implement this subsection4 7,b7 ,parallel with agency regulations ,the regulations issued under subparagraph 7,a7 shall be the same as substantive regulations promulgated by the ,director of the ,office of ,personnel ,management under section #b7;b77#a7 of the ,fair ,chance to ,compete for ,jobs ,act of #bjae except to the extent that the ,director of the ,administrative ,office of the ,united ,states ,courts may determine1 for good cause shown and stated together with the regulation1 that a modification of such regulations would be more effective for the implementation of the rights and protections under this subsection4 7#f7 ,effective date ,paragraphs 7#a7 through 7#d7 shall take effect on the date on which section #ibjb of title #e applies with respect to agencies4 4 #c4 ,prohibition on criminal history inquiries by contractors prior to conditional offer 7a7 ,civilian agency contracts 7#a7 ,in general ,division ,c of subtitle ,i of title #da1 ,united ,states ,code1 is amended by adding at the end the following new section3 #dgac4 ,prohibition on criminal history inquiries by contractors prior to conditional offer 7a7 ,limitation on criminal history inquiries 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 an executive agency-- 7,a7 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 before determining the apparent awardee2 and 7,b7 shall require1 as a condition of receiving a ,federal contract and receiving payments under such contract that the contractor may not verbally1 or through written form1 request the disclosure of criminal history record information regarding an applicant for a position related to work under such contract before the contractor extends a conditional offer to the applicant4 7#b7 ,otherwise required by law ,the prohibition under paragraph 7#a7 does not apply with respect to a contract if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law4 7#c7 ,exception for certain positions 7,a7 ,in general ,the prohibition under paragraph 7#a7 does not apply with respect to-- 7i7 a contract that requires an individual hired under the contract to access classified information or to have sensitive law enforcement or national security duties2 or 7ii7 a position that the ,administrator of ,general ,services identifies under the regulations issued under subparagraph 7,b74 7,b7 ,regulations 7i7 ,issuance ,not later than #af months after the date of enactment of the ,fair ,chance to ,compete for ,jobs ,act of #bjae1 the ,administrator of ,general ,services1 in consultation with the ,secretary of ,defense1 shall issue regulations identifying additional positions with respect to which the prohibition under paragraph 7#a7 shall not apply1 giving due consideration to positions that involve interaction with minors1 access to sensitive information1 or managing financial transactions4 7ii7 ,compliance with civil rights laws ,the regulations issued under clause 7i7 shall-- 7,i7 be consistent with1 and in no way supersede1 restrict1 or limit the application of title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 or other relevant ,federal civil rights laws2 and 7,,ii7 ensure that all hiring activities conducted pursuant to the regulations are conducted in a manner consistent with relevant ,federal civil rights laws4 7b7 ,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 complaint1 or any other information1 relating to compliance by the contractor with subsection 7a77#a77;,b74 7c7 ,action for violations of prohibition on criminal history inquiries 7#a7 ,first violation ,if the head of an executive agency determines that a contractor has violated subsection 7a77#a77;,b71 such head shall-- 7,a7 notify the contractor2 7,b7 provide #cj days after such notification for the contractor to appeal the determination2 and 7,c7 issue a written warning to the contractor that includes a description of the violation and the additional remedies that may apply for subsequent violations4 7#b7 ,subsequent violation ,if the head of an executive agency determines that a contractor that was subject to paragraph 7#a7 has committed a subsequent violation of subsection 7a77#a77;,b71 such head shall notify the contractor1 shall provide #cj days after such notification for the contractor to appeal the determination1 and1 in consultation with the relevant ,federal agencies1 may take actions1 depending on the severity of the infraction and the contractor's history of violations1 including-- 7,a7 providing written guidance to the contractor that the contractor's eligibility for contracts requires compliance with this section2 7,b7 requiring that the contractor respond within #cj days affirming that the contractor is taking steps to comply with this section2 and 7,c7 suspending payment under the contract for which the applicant was being considered until the contractor demonstrates compliance with this section4 7d7 ,definitions ,in this section3 7#a7 ,conditional offer ,the term conditional offer means an offer of employment for a position related to work under a contract that is conditioned upon the results of a criminal history inquiry4 7#b7 ,criminal history record information ,the term criminal history record information has the meaning given that term in section #ibja of title #e4 4 7#b7 ,clerical amendment ,the table of sections for division ,c of subtitle ,i of title #da1 ,united ,states ,code1 is amended by inserting after the item relating to section #dgab the following new item3 #dgac4 ,prohibition on criminal history inquiries by contractors prior to conditional offer4 4 7#c7 ,effective date ,section #dgac7;a7 of title #da1 ,united ,states ,code1 as added by paragraph 7#a71 shall apply with respect to contracts awarded pursuant to solicitations issued after the effective date described in section #b7;b77#b7 of this ,act4 7b7 ,defense contracts 7#a7 ,in general ,chapter #acg of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new section3 #bcch4 ,prohibition on criminal history inquiries by contractors prior to conditional offer 7a7 ,limitation on criminal history inquiries 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 the head of an agency-- 7,a7 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 before determining the apparent awardee2 and 7,b7 shall require as a condition of receiving 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 information regarding an applicant for a position related to work under such contract before such contractor extends a conditional offer to the applicant4 7#b7 ,otherwise required by law ,the prohibition under paragraph 7#a7 does not apply with respect to a contract if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law4 7#c7 ,exception for certain positions 7,a7 ,in general ,the prohibition under paragraph 7#a7 does not apply with respect to-- 7i7 a contract that requires an individual hired under the contract to access classified information or to have sensitive law enforcement or national security duties2 or 7ii7 a position that the ,secretary of ,defense identifies under the regulations issued under subparagraph 7,b74 7,b7 ,regulations 7i7 ,issuance ,not later than #af months after the date of enactment of the ,fair ,chance to ,compete for ,jobs ,act of #bjae1 the ,secretary of ,defense1 in consultation with the ,administrator of ,general ,services1 shall issue regulations identifying additional positions with respect to which the prohibition under paragraph 7#a7 shall not apply1 giving due consideration to positions that involve interaction with minors1 access to sensitive information1 or managing financial transactions4 7ii7 ,compliance with civil rights laws ,the regulations issued under clause 7i7 shall-- 7,i7 be consistent with1 and in no way supersede1 restrict1 or limit the application of title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq47 or other relevant ,federal civil rights laws2 and 7,,ii7 ensure that all hiring activities conducted pursuant to the regulations are conducted in a manner consistent with relevant ,federal civil rights laws4 7b7 ,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 complaint1 or any other information1 relating to compliance by the contractor with subsection 7a77#a77;,b74 7c7 ,action for violations of prohibition on criminal history inquiries 7#a7 ,first violation ,if the ,secretary of ,defense determines that a contractor has violated subsection 7a77#a77;,b71 the ,secretary shall-- 7,a7 notify the contractor2 7,b7 provide #cj days after such notification for the contractor to appeal the determination2 and 7,c7 issue a written warning to the contractor that includes a description of the violation and the additional remedies that may apply for subsequent violations4 7#b7 ,subsequent violations ,if the ,secretary of ,defense determines that a contractor that was subject to paragraph 7#a7 has committed a subsequent violation of subsection 7a77#a77;,b71 the ,secretary shall notify the contractor1 shall provide #cj days after such notification for the contractor to appeal the determination1 and1 in consultation with the relevant ,federal agencies1 may take actions1 depending on the severity of the infraction and the contractor's history of violations1 including-- 7,a7 providing written guidance to the contractor that the contractor's eligibility for contracts requires compliance with this section2 7,b7 requiring that the contractor respond within #cj days affirming that the contractor is taking steps to comply with this section2 and 7,c7 suspending payment under the contract for which the applicant was being considered until the contractor demonstrates compliance with this section4 7d7 ,definitions ,in this section3 7#a7 ,conditional offer ,the term conditional offer means an offer of employment for a position related to work under a contract that is conditioned upon the results of a criminal history inquiry4 7#b7 ,criminal history record information ,the term criminal history record information has the meaning given that term in section #ibja of title #e4 4 7#b7 ,effective date ,section #bcch7;a7 of title #aj1 ,united ,states ,code1 as added by paragraph 7#a71 shall apply with respect to contracts awarded pursuant to solicitations issued after the effective date described in section #b7;b77#b7 of this ,act4 7#c7 ,clerical amendment ,the table of sections for chapter #acg of title #aj1 ,united ,states ,code1 is amended by inserting after the item relating to section #bccg the following new item3 #bcch4 ,prohibition on criminal history inquiries by contractors prior to conditional offer4 4 7c7 ,revisions to ,federal ,acquisition ,regulation 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,federal ,acquisition ,regulatory ,council shall revise the ,federal ,acquisition ,regulation to implement section #dgac of title #da1 ,united ,states ,code1 and section #bcch of title #aj1 ,united ,states ,code1 as added by this section4 7#b7 ,consistency with ,office of ,personnel ,management regulations ,the ,federal ,acquisition ,regulatory ,council shall revise the ,federal ,acquisition ,regulation under paragraph 7#a7 to be consistent with the regulations issued by the ,director of the ,office of ,personnel ,management under section #b7;b77#a7 to the maximum extent practicable4 ,the ,council shall include together with such revision an explanation of any substantive modification of the ,office of ,personnel ,management regulations1 including an explanation of how such modification will more effectively implement the rights and protections under this section4 #d4 ,report on employment of individuals formerly incarcerated in ,federal prisons 7a7 ,definition ,in this section1 the term covered individual-- 7#a7 means an individual who has completed a term of imprisonment in a ,federal prison for a ,federal criminal offense2 and 7#b7 does not include an alien who is or will be removed from the ,united ,states for a violation of the immigration laws 7as such term is defined in section #aja of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja774 7b7 ,study and report required ,the ,director of the ,bureau of ,justice ,statistics1 in coordination with the ,director of the ,bureau of the ,census1 shall-- 7#a7 not later than #f months after the date of enactment of this ,act1 design and initiate a study on the employment of covered individuals after their release from ,federal prison1 including by collecting-- 7,a7 demographic data on covered individuals1 including race1 age1 and sex2 and 7,b7 data on employment and earnings of covered individuals who are denied employment1 including the reasons for the denials2 and 7#b7 not later than #b years after the date of enactment of this ,act1 and every #e years thereafter1 submit a report that does not include any personally identifiable information on the study conducted under paragraph 7#a7 to-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 7,c7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives2 and 7,d7 the ,committee on ,education and the ,workforce of the ,house of ,representatives4 ,january #ab1 #bjaf,reported with an amendment