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.
Fair Chance to Compete for Jobs Act of 2017 or the Fair Chance Act
This bill prohibits: (1) federal agencies and federal contractors from requesting that applicants for employment disclose criminal history record information before receiving a conditional offer of employment, and (2) 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 bill: (1) sets forth positions to which such prohibitions 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; and (2) requires the Office of Personnel Management (OPM), the General Services Administration (GSA), and the Department of Defense (DOD) to issue regulations identifying additional positions with respect to which the prohibition shall not apply, giving due consideration to positions that involve interaction with minors, access to sensitive information, or managing financial transactions, consistent with relevant federal civil rights laws.
The OPM, the Office of Compliance, the Administrative Office of the United States Courts, the GSA, and DOD must: (1) establish procedures for submitting complaints about, and taking actions against, agency employees and contractors for violating such prohibitions and for appealing such an action; and (2) issue regulations to implement this bill. The Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation to implement the requirements of this bill.
The Bureau of Justice Statistics, in coordination with the Bureau of the Census, must: (1) design and initiate a study on the employment of individuals who are released from federal prison after completing a term of imprisonment for a federal criminal offense, and (2) report to Congress at specified intervals.
Referred to the Subcommittee on Readiness.
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (Sponsor introductory remarks on measure: CR S2366-2367)
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with amendments favorably.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with amendments. With written report No. 115-162.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with amendments. With written report No. 115-162.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 228.
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