[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1076 Reported in House (RH)]
<DOC>
Union Calendar No. 301
116th CONGRESS
2d Session
H. R. 1076
[Report No. 116-380, Part I]
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
February 7, 2019
Mr. Cummings (for himself and Mr. Collins of Georgia) introduced the
following bill; which was referred to the Committee on Oversight and
Reform, and in addition to the Committees on House Administration, the
Judiciary, Armed Services, and Education and Labor, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
January 24, 2020
Additional sponsors: Mr. Nadler, Mr. Raskin, Ms. Norton, Mr. Khanna,
Ms. Ocasio-Cortez, Mr. Connolly, Mrs. Carolyn B. Maloney of New York,
Ms. Pressley, Mr. Trone, Mr. Cohen, Mr. Budd, Mr. Thompson of
California, Mr. Sarbanes, Mr. Cisneros, Mr. DeSaulnier, Mr. Ryan, Ms.
Schakowsky, Mr. Lynch, Mr. Hastings, Mr. Takano, Mr. Morelle, Mr.
Pappas, Mr. Smith of Washington, and Mr. Pascrell
January 24, 2020
Reported from the Committee on Oversight and Reform with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
January 24, 2020
Committees on House Administration, the Judiciary, Armed Services, and
Education and Labor discharged, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on
February 7, 2019]
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Chance to Compete for Jobs Act
of 2019'' or the ``Fair Chance Act''.
SEC. 2. PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO CONDITIONAL
OFFER FOR FEDERAL 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 CRIMINAL 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.
``Sec. 9201. Definitions
``In this chapter--
``(1) the term `agency' means `Executive agency' as such
term is defined in section 105 and includes--
``(A) the United States Postal Service and the
Postal Regulatory Commission; and
``(B) the Executive Office of the President;
``(2) the term `appointing authority' means an employee in
the executive branch of the Government of the United States
that has authority to make appointments 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 information'--
``(A) except as provided in subparagraphs (B) and
(C), 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 alleged act of
juvenile delinquency, that is analogous to criminal
history record information (including 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.
``Sec. 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 (including through the Declaration for Federal
Employment (Office of Personnel Management Optional Form 306) or any
similar successor form, 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 prohibition under subsection
(a) 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 law.
``(c) Exception for Certain Positions.--
``(1) In general.--The prohibition under subsection (a)
shall not apply with respect to an applicant for an appointment
to a position--
``(A) that requires a determination of eligibility
described in clause (i), (ii), or (iii) of section
9101(b)(1)(A);
``(B) as a Federal law enforcement officer (as
defined in section 115(c) of title 18); or
``(C) identified by the Director of the Office of
Personnel Management in the regulations issued under
paragraph (2).
``(2) Regulations.--
``(A) Issuance.--The Director of the Office of
Personnel Management shall issue regulations
identifying additional positions with respect to which
the prohibition under subsection (a) shall not apply,
giving due consideration to positions that involve
interaction with minors, access to sensitive
information, or managing financial transactions.
``(B) Compliance with civil rights laws.--The
regulations issued under subparagraph (A) shall--
``(i) be consistent with, and in no way
supersede, restrict, or limit the application
of title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e et seq.) or other relevant
Federal civil rights laws; and
``(ii) ensure that all hiring activities
conducted pursuant to the regulations are
conducted in a manner consistent with relevant
Federal civil rights laws.
``Sec. 9203. Agency policies; complaint procedures
``The Director of the Office of Personnel Management shall--
``(1) develop, implement, and publish a policy to assist
employees of agencies in complying with section 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 employee of an agency with section 9202.
``Sec. 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
``(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 notice and an opportunity for a
hearing on the record, that an employee that was subject to subsection
(a) has committed 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 period 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 period 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 period of
more than 7 days; and
``(B) a civil penalty against the employee in an
amount that is not more than $1,000.
``Sec. 9205. Procedures
``(a) 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 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 determination 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.
``Sec. 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 described under
subparagraphs (B) and (C) of section 9201(4); or
``(2) create a private right of action for any person.''.
(b) Regulations; Effective Date.--
(1) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Director of the Office of Personnel
Management shall issue such regulations as are necessary to
carry out chapter 92 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 9201''.
conditional offer.
(d) Application to Legislative Branch.--
(1) In general.--The Congressional Accountability 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
(C) by inserting after section 206 (2 U.S.C. 1316)
the following new section:
``SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMINAL HISTORY
INQUIRIES.
``(a) Definitions.--In this section, the terms `agency', `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 Inquiries.--
``(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 employment as a
covered employee disclose criminal history record
information if the request would be prohibited under
section 9202 of title 5, United States Code, if made by
an employee of an agency.
``(B) Conditional offer.--For purposes of applying
that section 9202 under subparagraph (A), a reference
in that section 9202 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 inquiry.
``(2) Rules of construction.--The provisions of section
9206 of title 5, United States Code, shall apply to employing
offices, consistent with regulations 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 section 407 or 408, or a provision of this title that
permits a person to obtain a civil action or judicial review),
consistent with regulations issued under subsection (d).
``(d) Regulations To Implement Section.--
``(1) In general.--Not later than 18 months after the date
of enactment of the Fair Chance to Compete for Jobs Act of
2019, the Board shall, pursuant 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 Compete
for Jobs Act of 2019 to implement the statutory provisions
referred to in subsections (a) through (c) except to the extent
that the Board may determine, for good cause shown and stated
together with the regulation, that a modification of such
regulations would be more effective for the implementation of
the rights and protections under this 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, applies with respect to agencies.''.
(2) Clerical amendments.--
(A) The table of contents in section 1(b) of the
Congressional Accountability Act of 1995 (Public Law
104-1; 109 Stat. 3) is amended--
(i) by redesignating the item relating to
section 207 as the item relating to section
208; and
(ii) by inserting after the item relating
to section 206 the following new item:
``Sec. 207. Rights and protections relating to criminal history
inquiries.''.
(B) Section 62(e)(2) of the Internal Revenue Code
of 1986 is amended by striking ``or 207'' and inserting
``207, or 208''.
(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 Inquiries.--
``(1) Definitions.--In this subsection--
``(A) the terms `agency' and `criminal history
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 entitled
to hold office during good behavior;
``(ii) a United States magistrate judge; or
``(iii) a bankruptcy judge; and
``(C) the term `employing office' means any office
or entity of the judicial branch of the United States
Government that employs covered employees.
``(2) Restriction.--A covered employee may not request that
an applicant for employment as a covered employee disclose
criminal history record information 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 appeal from any
adverse action taken under subparagraph (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 adverse action taken
under subparagraph (A) (including 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 2019, the Director shall issue regulations
to implement this subsection.
``(B) Parallel with agency regulations.--The
regulations issued under subparagraph (A) shall be the
same as substantive regulations promulgated by the
Director of the Office of Personnel Management under
section 2(b)(1) of the Fair Chance to Compete for Jobs
Act of 2019 except to the extent that the Director of
the Administrative Office of the United States Courts
may determine, for good cause shown and stated together
with the regulation, that a modification of such
regulations would be more effective for the
implementation of the rights and protections under this
subsection.
``(6) Effective date.--Paragraphs (1) through (4) shall
take effect on the date on which section 9202 of title 5
applies with respect to agencies.''.
SEC. 3. PROHIBITION ON CRIMINAL HISTORY INQUIRIES BY CONTRACTORS PRIOR
TO CONDITIONAL OFFER.
(a) Civilian Agency Contracts.--
(1) In general.--Chapter 47 of title 41, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4714. Prohibition on criminal history inquiries by contractors
prior to conditional offer
``(a) Limitation on Criminal History Inquiries.--
``(1) In general.--Except as provided in paragraphs (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 before determining the
apparent awardee; and
``(B) 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 applicant.
``(2) Otherwise required by law.--The prohibition under
paragraph (1) 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 law.
``(3) Exception for certain positions.--
``(A) In general.--The prohibition under paragraph
(1) does not apply with respect to--
``(i) a contract that requires an
individual hired under the contract to access
classified information or to have sensitive law
enforcement or national security duties; or
``(ii) a position that the Administrator of
General Services identifies under the
regulations issued under subparagraph (B).
``(B) Regulations.--
``(i) Issuance.--Not later than 16 months
after the date of enactment of the Fair Chance
to Compete for Jobs Act of 2019, the
Administrator of General Services, in
consultation with the Secretary of Defense,
shall issue regulations identifying additional
positions with respect to which the prohibition
under paragraph (1) shall not apply, giving due
consideration to positions that involve
interaction with minors, access to sensitive
information, or managing financial
transactions.
``(ii) Compliance with civil rights laws.--
The regulations issued under clause (i) shall--
``(I) be consistent with, and in no
way supersede, restrict, or limit the
application of title VII of the Civil
Rights Act of 1964 (42 U.S.C. 2000e et
seq.) or other relevant Federal civil
rights laws; and
``(II) ensure that all hiring
activities conducted pursuant to the
regulations are conducted in a manner
consistent with relevant Federal civil
rights laws.
``(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, 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 executive agency
determines that a contractor has violated subsection (a)(1)(B),
such head shall--
``(A) notify the contractor;
``(B) provide 30 days after such notification for
the contractor to appeal the determination; and
``(C) issue a written warning to the contractor
that includes a description of the violation 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 appeal the determination, and, in consultation
with the relevant Federal agencies, may take actions, depending
on the severity of the infraction and the contractor's history
of violations, including--
``(A) providing written guidance to the contractor
that the contractor's eligibility for contracts
requires compliance with this section;
``(B) requiring that the contractor respond within
30 days affirming that the contractor is taking steps
to comply with this section; and
``(C) suspending payment under the contract for
which the applicant was being considered until the
contractor demonstrates compliance with this section.
``(d) Definitions.--In this section:
``(1) 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 inquiry.
``(2) Criminal history record information.--The term
`criminal history record information' has the meaning given
that term in section 9201 of title 5.''.
(2) Clerical amendment.--The table of sections for chapter
47 of title 41, United States Code, is amended by adding at the
end the following new item:
``4714. Prohibition on criminal history inquiries by contractors prior
to conditional offer.''.
(3) Effective date.--Section 4714 of title 41, United
States Code, as added by paragraph (1), shall apply with
respect to contracts awarded pursuant to solicitations issued
after the effective date described 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 inserting after section 2338 the following
new section:
``Sec. 2339. Prohibition on criminal history inquiries by contractors
prior to conditional offer
``(a) Limitation on Criminal History Inquiries.--
``(1) In general.--Except as provided in paragraphs (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 before determining the
apparent awardee; and
``(B) 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
applicant.
``(2) Otherwise required by law.--The prohibition under
paragraph (1) 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 law.
``(3) Exception for certain positions.--
``(A) In general.--The prohibition under paragraph
(1) does not apply with respect to--
``(i) a contract that requires an
individual hired under the contract to access
classified information or to have sensitive law
enforcement or national security duties; or
``(ii) a position that the Secretary of
Defense identifies under the regulations issued
under subparagraph (B).
``(B) Regulations.--
``(i) Issuance.--Not later than 16 months
after the date of enactment of the Fair Chance
to Compete for Jobs Act of 2019, the Secretary
of Defense, in consultation with the
Administrator of General Services, shall issue
regulations identifying additional positions
with respect to which the prohibition under
paragraph (1) shall not apply, giving due
consideration to positions that involve
interaction with minors, access to sensitive
information, or managing financial
transactions.
``(ii) Compliance with civil rights laws.--
The regulations issued under clause (i) shall--
``(I) be consistent with, and in no
way supersede, restrict, or limit the
application of title VII of the Civil
Rights Act of 1964 (42 U.S.C. 2000e et
seq.) or other relevant Federal civil
rights laws; and
``(II) ensure that all hiring
activities conducted pursuant to the
regulations are conducted in a manner
consistent with relevant Federal civil
rights laws.
``(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 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 notification for
the contractor to appeal the determination; and
``(C) issue a written warning to the contractor
that includes a description of the violation and the
additional remedies that may apply for subsequent
violations.
``(2) Subsequent violations.--If the Secretary of Defense
determines that a contractor that was subject to paragraph (1)
has committed a subsequent violation of subsection (a)(1)(B),
the Secretary shall notify the contractor, shall provide 30
days after such notification for the contractor to appeal the
determination, and, in consultation with the relevant Federal
agencies, may take actions, depending on the severity of the
infraction and the contractor's history of violations,
including--
``(A) providing written guidance to the contractor
that the contractor's eligibility for contracts
requires compliance with this section;
``(B) requiring that the contractor respond within
30 days affirming that the contractor is taking steps
to comply with this section; and
``(C) suspending payment under the contract for
which the applicant was being considered until the
contractor demonstrates compliance with this section.
``(d) Definitions.--In this section:
``(1) 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 inquiry.
``(2) Criminal history record information.--The term
`criminal history record information' has the meaning given
that term in section 9201 of title 5.''.
(2) Effective date.--Section 2339(a) of title 10, United
States Code, as added by paragraph (1), shall apply with
respect to contracts awarded pursuant to solicitations issued
after the effective date described in section 2(b)(2) of this
Act.
(3) Clerical amendment.--The table of sections for chapter
137 of title 10, United States Code, is amended by inserting
after the item relating to section 2338 the following new item:
``2339. Prohibition on criminal history inquiries by contractors prior
to conditional offer.''.
(c) Revisions to Federal Acquisition Regulation.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Federal Acquisition Regulatory
Council shall revise the Federal Acquisition Regulation to
implement section 4714 of title 41, United States Code, and
section 2339 of title 10, United States Code, as added by this
section.
(2) Consistency with office of personnel management
regulations.--The Federal Acquisition Regulatory Council shall
revise the Federal Acquisition Regulation under paragraph (1)
to be consistent with the regulations issued by the Director of
the Office of Personnel Management under section 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,
including an explanation of how such modification will more
effectively implement the rights and protections under this
section.
SEC. 4. REPORT ON EMPLOYMENT OF INDIVIDUALS FORMERLY INCARCERATED IN
FEDERAL PRISONS.
(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 Federal 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 section 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 180 days after the date of enactment of
this Act, design and initiate a study on the employment of
covered individuals after their release from Federal prison,
including by collecting--
(A) demographic data on covered individuals,
including race, age, and sex; and
(B) data on employment and earnings of covered
individuals who are denied employment, including the
reasons for the denials; and
(2) not later than 2 years after the date of enactment 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 Reform of the
House of Representatives; and
(D) the Committee on Education and Labor of the
House of Representatives.
SEC. 5. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Union Calendar No. 301
116th CONGRESS
2d Session
H. R. 1076
[Report No. 116-380, Part I]
_______________________________________________________________________
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.
_______________________________________________________________________
January 24, 2020
Reported from the Committee on Oversight and Reform with an amendment
January 24, 2020
Committees on House Administration, the Judiciary, Armed Services, and
Education and Labor discharged, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed