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116th Congress    }                                 {    Rept. 116-380
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                 {           Part 1

======================================================================



 
                            FAIR CHANCE ACT

                                _______
                                

January 24, 2020.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mrs. Carolyn B. Maloney (NY), from the Committee on Oversight and 
                    Reform, submitted the following

                              R E P O R T

                        [To accompany H.R. 1076]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Reform, to whom was referred 
the bill (H.R. 1076) 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, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
Summary and Purpose of the Legislation...........................     9
Background and Need for Legislation..............................     9
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    10
Statement of General Performance Goals and Objectives............    10
Legislative History..............................................    10
Hearings.........................................................    11
Committee Consideration..........................................    11
Roll Call Votes..................................................    11
Explanation of Amendments........................................    14
Application of Law to the Legislative Branch.....................    14
Duplication of Federal Programs..................................    14
Federal Advisory Committee Act...................................    14
Unfunded Mandates Statement......................................    15
Earmark Identification...........................................    15
Committee Estimate...............................................    15
New Budget Authority and Congressional Budget Office Cost 
  Estimate.......................................................    15
Section-by-Section Analysis......................................    17
Changes in Existing Law Made by the Bill, as Reported............    21

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                   Summary and Purpose of Legislation

    The Fair Chance Act would help formerly-incarcerated 
individuals obtain non-sensitive federal jobs by prohibiting 
federal agencies and contractors from asking about the criminal 
histories of job applicants until after making conditional 
offers of employment. The bill does not prohibit a criminal 
history inquiry entirely. It sets a standard for when the 
inquiry may be made. The bill includes exceptions for positions 
related to law enforcement and national security duties, 
positions requiring access to classified information, and 
positions for which access to criminal history information is 
otherwise required by law.\1\
---------------------------------------------------------------------------
    \1\Committee on Oversight and Reform, Booker, Cummings, Johnson, 
Issa, Members of Congress Introduce Bipartisan Legislation to Give 
Formerly Incarcerated a Fair Chance at Federal Employment (Sept. 10, 
2015) (online at https://oversight.house.gov/news/press-releases/
booker-cummings-johnson-issa-members-of-congress-introduce-bipartisan).
---------------------------------------------------------------------------

                  Background and Need for Legislation

    The Fair Chance Act is already the current practice of the 
federal government. Pursuant to a Presidential Memorandum 
issued by President Barack Obama in 2015, the Office of 
Personnel Management finalized a rule in December 2016 to ``ban 
the box'' for hiring federal employees.\2\ The bill extends 
this practice to federal contractors and the legislative and 
judicial branches of the federal government.
---------------------------------------------------------------------------
    \2\Office of Personnel Management, Recruitment, Selection, and 
Placement (General) and Suitability, 81 Fed. Reg. 86555 (Dec. 1, 2016) 
(5 CFR 330; 5 CFR 731).
---------------------------------------------------------------------------
    Studies have shown that ban the box policies in the public 
sector substantially increase the odds of employment for 
formerly incarcerated individuals.\3\ There have been 
``dramatic improvements in the employment of those with 
convictions'' as a result of ban the box policies, including a 
33% increase in employment for formerly incarcerated 
individuals in Washington, D.C.\4\ Studies have also shown that 
employment is the single greatest factor in reducing recidivism 
among formerly incarcerated individuals.\5\
---------------------------------------------------------------------------
    \3\Ban the Box, Convictions, and Public Sector Employment, SSRN 
Online (Jan. 28, 2017) (online at papers.ssrn.com/sol3/
papers.cfm?abstract__id=2906893).
    \4\Id.
    \5\See, e.g., Reentry and the Ties that Bind: An Examination of 
Social Ties, Employment, and Recidivism, Justice Quarterly, Vol. 28 
Issue 2 (2011) (online at www.tandfonline.com/doi/abs/10.1080/
07418825.2010.498383).
---------------------------------------------------------------------------
    Other studies have critiqued ban the box policies for 
having unintended consequences. For example, one study suggests 
that such policies may have negative impacts on employment 
among younger black and Latino men.\6\ The study found that 
``black and Hispanic men without college degrees are 
significantly less likely to be employed after ``ban the box`` 
than before''\7\ because employers discriminate more against 
these populations when they are not permitted to ask about 
criminal backgrounds. An analysis of the study emphasized that 
finding fault with ban the box policies, instead of illegal and 
racist hiring practices, is the wrong conclusion to draw.\8\
---------------------------------------------------------------------------
    \6\``Ban the Box'' Does More Harm than Good, Brookings Institution 
(May 31, 2016) (online at www.brookings.edu/opinions/ban-the-box-does-
more-harm-than-good/).
    \7\Id.
    \8\See, e.g., Racial Profiling in Hiring: A Critique of New ``Ban 
the Box'' Studies, National Employment Law Project (Aug. 11, 2016) 
(online at www.nelp.org/publication/racial-profiling-in-hiring-a-
critique-of-new-ban-the-box-studies/).
---------------------------------------------------------------------------
    In 2017, after reviewing the relevant studies, the Senate 
Homeland Security and Governmental Affairs Committee concluded:
    These studies do not expose any significant flaws in ban 
the box policies. On the contrary, the data gathered confirms 
that individuals with criminal records experience higher call 
back and employment rates after the introduction of fair chance 
hiring practices, which is precisely the intended outcome. The 
more concerning revelation for policymakers to consider is the 
continued role race and implicit bias play in the hiring 
process.\9\
---------------------------------------------------------------------------
    \9\Senate Homeland Security and Governmental Affairs Committee, 
Fair Chance Act, 115th Cong. (Sept. 25, 2017) (S. Rept. 115-162) 
(online at www.congress.gov/bill/115th-congress/senate-bill/842/text).
---------------------------------------------------------------------------
    Currently, 33 states and more than 150 cities and counties 
have acted to give formerly incarcerated people a fair chance 
to secure employment by instituting ban the box policies or 
laws.\10\ Of these jurisdictions, 11 states and 17 cities and 
counties have extended their laws to include private-sector 
entities.\11\ Companies such as Walmart, Koch Industries, 
Target, Home Depot, and Bed, Bath & Beyond have also embraced 
ban the box policies.\12\
---------------------------------------------------------------------------
    \10\Ban the Box: U.S. Cities, Counties, and States Adopt Fair 
Hiring Policies, National Employment Law Project (Sept. 25, 2018) 
(online at www.nelp.org/publication/ban-the-box-fair-chance-hiring-
state-and-local-guide/).
    \11\Id.
    \12\Koch Industries to Stop Asking About Job Candidates' Criminal 
History, Politico (Apr. 27, 2015) (online at www.politico.com/story/
2015/04/koch-industries-brothers-criminal-history-job-applicants-ban-
the-box-117382).
---------------------------------------------------------------------------

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the previous section.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives of this bill are to prohibit Federal 
agencies and contractors from requesting that applicants for 
employment disclose criminal history information before they 
receive conditional offers of employment, and for other 
purposes.

                          Legislative History

    On February 7, 2019, Chairman Elijah Cummings (D-MD) 
introduced H.R. 1076, the Fair Chance Act, with Representative 
Doug Collins (R-GA). H.R. 1076 was referred to the Committee on 
Oversight and Reform, with additional referrals to the 
Committee on the Judiciary, the Committee on House 
Administration, the Committee on Armed Services, and the 
Committee on Education and Labor.
    The Subcommittees on Government Operations and Civil Rights 
and Civil Liberties held a joint hearing on H.R. 1076 on March 
13, 2019. The Committee considered H.R. 1076 at a business 
meeting on March 26, 2019, and ordered the bill favorably 
reported, as amended, by voice vote.
    Senator Cory Booker (D-NJ) and Senator Ron Johnson (R-WI) 
introduced S. 387, the Senate companion to H.R. 1076, on 
February 7, 2019. The Senate Homeland Security and Governmental 
Affairs Committee considered S. 387 at a business meeting on 
February 13, 2019, and ordered the bill reported favorably by 
voice vote.
    In the 115th Congress, Chairman Cummings introduced H.R. 
1905, the Fair Chance Act, an identical bill to H.R. 1076.

                                Hearings

    For the purposes of section 103(i) of H. Res. 6 adopted by 
the House in the 116th Congress, the Subcommittees on 
Government Operations and Civil Rights and Civil Liberties held 
a joint hearing on H.R. 1076 on March 13, 2019. The following 
witnesses testified: Rep. Doug Collins (R-GA); Senator Cory 
Booker (D-NJ); Senator Ron Johnson (R-WI); Ms. Holly Harris, 
Executive Director, Justice Action Network; and Ms. Teresa Y. 
Hodge, Co-Founder and CEO, R3 Score Technologies, Inc.

                        Committee Consideration

    On March 26, 2019, the Committee met in open session and, 
with a quorum being present, ordered the bill favorably 
reported, as amended, by voice vote.

                            Roll Call Votes

    There were two roll call votes during consideration of H.R. 
1076:

              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                       Explanation of Amendments

    During Committee consideration of the bill, Representative 
Elijah Cummings (D-MD), the Chairman of the Committee, offered 
an Amendment in the Nature of a Substitute, to make technical 
corrections to the bill. The Cummings amendment was adopted by 
voice vote.
    Representative Carol Miller (R-WV) offered an amendment to 
the Amendment in the Nature of a Substitute that would exempt 
federal contractors from liability for complying with 
provisions of the Act. The Miller amendment failed by a 
recorded vote of 13-18.
    Representative Chip Roy (R-TX) offered an amendment to the 
Amendment in the Nature of a Substitute that would rewrite the 
disciplinary procedures related to all federal government 
employees within the merit system. Representative Gerald 
Connolly (D-VA) raised a point of order on the Roy amendment 
for lack of germaneness. The Chairman ruled that the amendment 
was not germane. Representative Roy appealed the Chairman's 
ruling. In response, Representative Wasserman-Schultz moved to 
table the appeal of the ruling of the chair. The motion to 
table passed by recorded vote of 17-14.
    Representative Chip Roy (R-TX) offered an amendment to the 
Amendment in the Nature of a Substitute that would remove the 
provisions of the bill that apply to federal contractors. The 
Roy amendment failed by voice vote.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch when the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill would prohibit legislative branch offices from asking 
about the criminal histories of job applicants until after 
making conditional offers of employment. The bill does not 
relate to access to public services and accommodations.

                    Duplication of Federal Programs

    In accordance with clause 3(c)(5) of rule XIII, no 
provision of this bill establishes or reauthorizes a program of 
the Federal Government known to be duplicative of another 
Federal program, a program that was included in any report from 
the Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of Section 5(b) of the appendix to title 5, 
United States Code.

                      Unfunded Mandates Statement

    Pursuant to section 423 of the Congressional Budget Act of 
1974, the Committee has included a letter received from the 
Congressional Budget Office below.

                         Earmark Identification

    This bill does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the House of Representatives.

                           Committee Estimate

    Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of 
the House of Representatives, the Committee includes below a 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.

   New Budget Authority and Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the House of 
Representatives, the cost estimate prepared by the 
Congressional Budget Office and submitted pursuant to section 
402 of the Congressional Budget Act of 1974 is as follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, April 5, 2019.
Hon. Elijah E. Cummings,
Chairman, Committee on Oversight and Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1076, the Fair 
Chance Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
    Sincerely,
                                                Keith Hall,
                                                  Director.
    Enclosure.

              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 1076 would amend federal law to prevent federal 
employers and contractors from inquiring about a job 
applicant's criminal history until after the applicant has 
received a conditional job offer. The bill would direct federal 
hiring agencies within the executive, legislative, and judicial 
branches to issue and implement regulations, policies, and 
procedures to ensure compliance. H.R. 1076 also would direct 
the Bureau of Justice Statistics to report to the Congress 
periodically on the employment statistics of former federal 
prisoners.
    There is no general prohibition against hiring employees 
with a criminal history; however, regulations do prevent their 
employment in certain positions. Most of the bill's major 
provisions would codify an existing regulation that delays 
inquiries into the criminal history of potential employees 
until later in the hiring process.\1\ Therefore, CBO estimates 
that implementing H.R. 1076 would cost less than $500,000 
annually; any spending would be subject to the availability of 
appropriated funds.
---------------------------------------------------------------------------
    \1\See Recruitment, Selection, and Placement (General) and 
Suitability, 81 Fed. Reg. 86555 (January 3, 2017), http://go.usa.gov/
xEf84.
---------------------------------------------------------------------------
    Enacting H.R. 1076 could affect direct spending by some 
agencies (such as the Tennessee Valley Authority) because they 
are authorized to use receipts from fees, the sale of goods, 
and other collections to cover their operating costs. Because 
most of those agencies can adjust the amounts they collect as 
operating costs change, CBO estimates that any net changes in 
direct spending by those agencies would be negligible.
    H.R. 1076 mandates that employees who violate the bill's 
provisions repeatedly would be required to pay civil penalties. 
Therefore, H.R. 1076 could increase the collection of civil 
fines from federal employees who inquire about an applicant's 
criminal history prematurely. Because civil penalties are 
recorded in the federal budget as revenues, enacting the 
legislation could increase revenues. CBO estimates that such 
increases would not be significant in any year.
    On March 8, 2019, CBO transmitted a cost estimate for S. 
387, the Fair Chance to Compete for Jobs Act of 2019, as 
ordered reported by the Senate Committee on Homeland Security 
and Governmental Affairs on February 13, 2019. The two bills 
are similar and CBO's estimates of the budgetary effects are 
the same.
    The CBO staff contacts for this estimate are David Hughes 
and Matthew Pickford. This estimate was reviewed by H. Samuel 
Papenfuss, Assistant Director for Budget Analysis.

                      Section-by-Section Analysis


Sec. 1. Short title--``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

    Section 2(a). Adds a new Chapter 92 to title 5, U.S.C. as 
follows:
          Section 9201. Definitions--This section defines key 
        terms used in the Act.
                   The Act defines ``agency'' to 
                include ``executive agency'' as defined in 5 
                U.S.C. Sec. 105 and the U.S. Postal Service, 
                the Postal Regulatory Commission, and the 
                Executive Office of the President.
                   The Act defines ``appointing 
                authority'' to be a federal employee in the 
                executive branch with authority to make civil 
                service appointments.
                   The Act defines ``conditional 
                offer'' to be an offer for a civil service job 
                that is conditioned on the results of a 
                criminal history inquiry.
                   The Act defines ``criminal history 
                record information'' to be the meaning given 
                the term in 5 U.S.C. Sec. 9101 and sealed or 
                expunged criminal convictions and juvenile 
                convictions.
                   The Act defines ``suspension'' as 
                the meaning given in 5 U.S.C. Sec. 7501.
          Section 9202. Limitations on Requests for Criminal 
        History Record Information--This section prohibits 
        federal agency employers from requesting an applicant's 
        criminal history information until the applicant 
        receives a conditional job offer. Exceptions are 
        included for positions involving classified 
        information, sensitive national security duties, armed 
        forces, and law enforcement jobs, and when criminal 
        history information is legally required prior to a 
        conditional offer of employment.
          Section 9203. Agency Policies; Complaint Procedures--
        This section requires the Office of Personnel 
        Management (OPM) to develop and carry out policies to 
        assist agency employees to implement the criminal 
        history inquiry prohibition.
          This section also mandates that OPM establish and 
        publish procedures for a civil service applicant to 
        file a complaint with OPM related to compliance with 
        the limitations on requests for criminal history record 
        information.
          Section 9204. Adverse Action--This section 
        establishes civil penalties against a federal employee 
        if OPM finds, after notice and a hearing, a violation 
        of section 9202. The first violation mandates a 
        warning. Subsequent violations are addressed through 
        discretionary, graduated penalties that involve a 
        combination of days of suspension and civil penalties 
        that individually may not exceed $1,000.00.
          Section 9205. Procedures--This section requires OPM 
        to establish procedures providing for an appeal of an 
        adverse action, but makes clear that such actions are 
        not subject to judicial review or the provisions of 
        chapter 75 of title 5, U.S.C.
          Section 9206. Rules of Construction--This section 
        makes clear that this bill does not authorize an agency 
        employee or officer to request the disclosure of 
        juvenile delinquency or sealed or expunged information. 
        This section also clarifies that this bill does not 
        create private rights of action.
    Section 2(b). Regulations; Effective Date--This section 
requires OPM to issue regulations to implement chapter 92 of 
title 5 no later than one year after enactment. It also states 
that chapter 92 becomes effective two years after the date of 
enactment of this enactment.
    Section 2(c). Technical and Conforming Amendment--This 
section adds the prohibition on criminal history inquiries 
prior to conditional offers to the relevant table of chapters.
    Section 2(d)(1). Application to Legislative Branch--This 
section amends the Congressional Accountability Act to add a 
prohibition on criminal history inquiries in a new section on 
``Rights and Protections Relating to Criminal History 
Inquiries.''
          Section 207(a). Definitions--This section defines the 
        terms ``agency'' and ``criminal history record 
        information'' and ``suspension'' to have the same 
        meaning given those terms in 5 U.S.C. Sec. 9201.
          Section 207(b). Restrictions on Criminal History 
        Inquiries--This section prohibits an employee of a 
        legislative office from requesting a criminal history 
        record in the same manner federal agency employees are 
        prohibited from doing so in 5 U.S.C. Sec. 9202. This 
        section also clarifies that agency rules of 
        construction (Sec. 9206) apply to legislative offices.
          Section 207(c). Remedy--This section mandates that 
        the remedies for a criminal history inquiry violation 
        by a legislative office employee are the same as in 5 
        U.S.C. Sec. 9204 with the exception of how the 
        suspension is referenced. This section also allows 
        legislative office applicants to rely on title IV of 
        the Congressional Accountability Act to obtain relief, 
        with some exceptions.
          Section 207(d). Regulations to Implement Section--
        This section requires regulations substantively the 
        same as those required under section 2(b) to be 
        promulgated no later than 18 months after enactment.
          Section 207(e). Effective Date--This section requires 
        the modified provisions of the Congressional 
        Accountability Act to take effect on the same date that 
        5 U.S.C. Sec. 9202 would apply to agencies.
    Section 2(d)(2). Clerical Amendments--Modifies the table of 
contents to reflect changes.
    Section 2(e). Application to Judicial Branch--28 U.S.C. 
Sec. 604 is modified to apply restrictions on criminal history 
inquiries to the judicial branch as follows:
          Section 604 (i)(1). Definitions--This section defines 
        the terms ``agency'' and ``criminal history record 
        information'' to have the meanings given those terms in 
        5 U.S.C. Sec. 9201. This section defines the term 
        ``covered employee'' to mean employee of the federal 
        judicial branch other than federal judge, federal 
        justice, federal magistrate judge, or bankruptcy judge. 
        This section defines the term ``employing office'' to 
        mean any office or entity of the federal judicial 
        branch that employs covered employees.
          Section 604(i)(2). Restriction--This section 
        prohibits a covered employee from requesting that an 
        applicant disclose criminal history information in the 
        same manner requests are prohibited under 5 U.S.C. 
        Sec. 9202.
          Section 604(i)(3). Employing Office Policies; 
        Complaint Procedure--This section requires that the 
        same complaint procedures for federal agencies apply to 
        judicial branch offices.
          Section 604(i)(4). Adverse Action--This section 
        requires that the same adverse actions regarding a 
        violation of the prohibition on criminal history 
        inquiries that apply to federal agencies would apply to 
        judicial offices. It also requires that the Director of 
        the Administrative Office of the U.S. Courts create 
        procedures for appealing adverse actions, and that 
        these shall not be subject to judicial review.
          Section 604(i)(5). Regulations to be Issued--This 
        section requires the Director of the Administrative 
        Office of the U.S. Courts to issue regulations within 
        18 months after the bill is enacted that are 
        substantively the same as those required by section 
        2(b), allowing discretion for some modifications.
          Section 604(i)(6). Effective Date--The provisions 
        relating to the judicial branch shall take effect on 
        the date 5 U.S.C. Sec. 9202 applies to federal 
        agencies.

Sec. 3--Prohibition on criminal history inquiries by contractors prior 
        to conditional offer

    Section 3(a)(1). Civilian Agency Contracts In General--Adds 
to title 41 related new section 4714.
          Section 4714(a). Limitation on Criminal History 
        Inquiries--This section prohibits agencies from 
        requiring individuals or sole proprietors to disclose 
        criminal history information before determining the 
        apparent awardee for a contract.
          It mandates that agencies require, as a condition of 
        receiving a federal contract or payment, that the 
        contractor not request criminal history information of 
        an applicant for a position related to work under the 
        contract prior to extending a conditional offer to the 
        applicant.
          The section clarifies that the bar against criminal 
        history inquiries does not apply if access to the 
        information is otherwise required by law before a 
        conditional offer for a position, nor does it apply to 
        positions dealing with classified information or 
        sensitive national security or law enforcement duties.
          Section 4714(b). Complaint Procedures--This section 
        requires the Administrator of the General Services 
        Administration to establish and publish complaint 
        procedures for applicants for positions with federal 
        contractors related to enforcement of the subsection 
        limiting contractors' criminal history inquiries.
          Section 4714(c). Action for Violations of Prohibition 
        on Criminal History Inquiries--This section requires 
        the head of a federal agency to issue a warning to the 
        contractor for the first violation if the agency head 
        determines a violation occurred. It also allows for a 
        range of adverse actions on a discretionary basis for 
        subsequent violations, including written guidance, 
        requiring a written response that the contractor will 
        comply, suspension of payment, termination of the 
        contract, and referral for debarment.
          Section 4713(d). Definitions--This section defines 
        ``conditional offer'' and ``criminal history record 
        information'' to match 5 U.S.C. Sec. 9101.
    Section 3(a)(2). Clerical Amendment--Adds Section 4714 to 
the relevant table of sections.
    Section 3(a)(3). Effective Date--Ensures Section 4714 
applies to those contracts awarded pursuant to solicitations 
issued after the effective date of the Act.
    Section 3(b)(1). Defense Contracts in General--Adds the 
relevant Section 2339 to Chapter 137 of Title 10 of the U.S. 
Code.
          Section 2339(a). Limitation on Criminal History 
        Inquiries--This section prohibits the Department of 
        Defense from requiring individuals or sole proprietors 
        to disclose criminal history information before 
        determining the apparent awardee for a contract.
          The section mandates that agencies require, as a 
        condition of receiving a federal contract or payment, 
        that the contractor not request criminal history 
        information of an applicant for a position related to 
        work under the contract prior to extending a 
        conditional offer to the applicant.
          The section clarifies that the bar against criminal 
        history inquiries does not apply if access to the 
        information is otherwise required by law before a 
        conditional offer for a position, nor does it apply to 
        positions dealing with classified information or 
        sensitive national security or law enforcement duties.
          Section 2339(b). Complaint Procedures--This section 
        requires the Secretary of Defense to establish and 
        publish complaint procedures for applicants for 
        positions with Department of Defense contractors 
        related to enforcement of the subsection limiting 
        defense contractors' criminal history inquiries.
          Section 2339(c). Action for Violations of Prohibition 
        on Criminal History Inquiries--This section requires 
        the Secretary of Defense to issue a warning to the 
        contractor for the first violation if the Secretary 
        determines a violation occurred. It also allows for a 
        range of adverse actions on a discretionary basis for 
        subsequent violations, including written guidance, 
        requiring a written response that the contractor will 
        comply, suspension of payment, termination of the 
        contract, and referral for debarment.
          Section 2339(d). Definitions--This section defines 
        ``conditional offer'' and ``criminal history record 
        information'' to match 5 U.S.C. Sec. 9101.
    Section 3(b)(2). Effective Date--Ensures Section 2339 
applies to those contracts awarded pursuant to solicitations 
issued after the effective date of the Act.
    Section 3(b)(3). Clerical Amendment--Adds Section 2339 to 
the table of sections.
    Section 3(c). Revisions to Federal Acquisition Regulation--
This section requires that the Federal Acquisition Regulation 
be amended within 18 months of the Act's enactment to carry out 
both civilian and defense contracting portions of the Act. Such 
regulations should be substantively similar to those 
promulgated by OPM with limited exceptions.

Sec. 4--Report on employment of individuals formerly incarcerated in 
        federal prisons

    This section requires the U.S. Census Bureau and Bureau of 
Justice Statistics to conduct a study and issue a report to 
relevant Congressional Committees every five years. The report 
and study shall be on employment statistics of formerly 
incarcerated individuals and must contain data on individuals 
denied employment and demographic data without disclosing 
personally-identifiable information.

Sec. 5--Determination of budgetary effects

    This section requires compliance with the Statutory Pay-As-
You-Go Act of 2010.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                      TITLE 5, UNITED STATES CODE




           *       *       *       *       *       *       *
                          PART III--EMPLOYEES

                      SUBPART A--General Provisions

Chap.                                                               Sec.
      Definitions...................................................2101
     * * * * * * *

        SUBPART H--Access to Criminal History Record Information

      Access to Criminal History Records for National Security and Other 
        Purposes....................................................9101
      Prohibition on criminal history inquiries prior to conditional 92.
        offer.......................................................9201

SUBPART H--ACCESS TO CRIMINAL HISTORY RECORD INFORMATION

           *       *       *       *       *       *       *


    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.

           *       *       *       *       *       *       *

                              ----------                              


                CONGRESSIONAL ACCOUNTABILITY ACT OF 1995


SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the 
``Congressional Accountability Act of 1995''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title and table of contents.

                            TITLE I--GENERAL

Sec. 101. Definitions.
     * * * * * * *
Sec. 207. Rights and protections relating to criminal history inquiries.
[Sec. 207.] Sec. 208. Prohibition of intimidation or reprisal.
     * * * * * * *

TITLE I--GENERAL

           *       *       *       *       *       *       *


SEC. 102. APPLICATION OF LAWS.

  (a) Laws Made Applicable.--The following laws shall apply, as 
prescribed by this Act, to the legislative branch of the 
Federal Government:
          (1) The Fair Labor Standards Act of 1938 (29 U.S.C. 
        201 et seq.).
          (2) Title VII of the Civil Rights Act of 1964 (42 
        U.S.C. 2000e et seq.).
          (3) The Americans with Disabilities Act of 1990 (42 
        U.S.C. 12101 et seq.).
          (4) The Age Discrimination in Employment Act of 1967 
        (29 U.S.C. 621 et seq.).
          (5) The Family and Medical Leave Act of 1993 (29 
        U.S.C. 2611 et seq.).
          (6) The Occupational Safety and Health Act of 1970 
        (29 U.S.C. 651 et seq.).
          (7) Chapter 71 (relating to Federal service labor-
        management relations) of title 5, United States Code.
          (8) The Employee Polygraph Protection Act of 1988 (29 
        U.S.C. 2001 et seq.).
          (9) The Worker Adjustment and Retraining Notification 
        Act (29 U.S.C. 2101 et seq.).
          (10) The Rehabilitation Act of 1973 (29 U.S.C. 701 et 
        seq.).
          (11) Chapter 43 (relating to veterans' employment and 
        reemployment) of title 38, United States Code.
          (12) Section 9202 of title 5, United States Code.
  (b) Laws Which May Be Made Applicable.--
          (1) In general.--The Board shall review provisions of 
        Federal law (including regulations) relating to (A) the 
        terms and conditions of employment (including hiring, 
        promotion, demotion, termination, salary, wages, 
        overtime compensation, benefits, work assignments or 
        reassignments, grievance and disciplinary procedures, 
        protection from discrimination in personnel actions, 
        occupational health and safety, and family and medical 
        and other leave) of employees, and (B) access to public 
        services and accommodations.
          (2) Board report.--Beginning on December 31, 1996, 
        and every 2 years thereafter, the Board shall report on 
        (A) whether or to what degree the provisions described 
        in paragraph (1) are applicable or inapplicable to the 
        legislative branch, and (B) with respect to provisions 
        inapplicable to the legislative branch, whether such 
        provisions should be made applicable to the legislative 
        branch. The presiding officers of the House of 
        Representatives and the Senate shall cause each such 
        report to be printed in the Congressional Record and 
        each such report shall be referred to the committees of 
        the House of Representatives and the Senate with 
        jurisdiction.
          (3) Reports of congressional committees.--Each report 
        accompanying any bill or joint resolution relating to 
        terms and conditions of employment or access to public 
        services or accommodations reported by a committee of 
        the House of Representatives or the Senate shall--
                  (A) describe the manner in which the 
                provisions of the bill or joint resolution 
                apply to the legislative branch; or
                  (B) in the case of a provision not applicable 
                to the legislative branch, include a statement 
                of the reasons the provision does not apply.
        On the objection of any Member, it shall not be in 
        order for the Senate or the House of Representatives to 
        consider any such bill or joint resolution if the 
        report of the committee on such bill or joint 
        resolution does not comply with the provisions of this 
        paragraph. This paragraph may be waived in either House 
        by majority vote of that House.

             TITLE II--EXTENSION OF RIGHTS AND PROTECTIONS

PART A--EMPLOYMENT DISCRIMINATION, FAMILY AND MEDICAL LEAVE, FAIR LABOR 
    STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER ADJUSTMENT AND 
RETRAINING, EMPLOYMENT AND REEMPLOYMENT OF VETERANS, AND INTIMIDATION

           *       *       *       *       *       *       *


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.

SEC. [207.]  208. PROHIBITION OF INTIMIDATION OR REPRISAL.

  (a) In General.--It shall be unlawful for an employing office 
to intimidate, take reprisal against, or otherwise discriminate 
against, any covered employee because the covered employee has 
opposed any practice made unlawful by this Act, or because the 
covered employee has initiated proceedings, made a charge, or 
testified, assisted, or participated in any manner in a hearing 
or other proceeding under this Act.
  (b) Remedy.--The remedy available for a violation of 
subsection (a) shall be such legal or equitable remedy as may 
be appropriate to redress a violation of subsection (a).

           *       *       *       *       *       *       *

                              ----------                              


                     INTERNAL REVENUE CODE OF 1986


                        Subtitle A--Income Taxes

                  CHAPTER 1--NORMAL TAXES AND SURTAXES

Subchapter B--COMPUTATION OF TAXABLE INCOME

           *       *       *       *       *       *       *


  PART I--DEFINITION OF GROSS INCOME, ADJUSTED GROSS INCOME, TAXABLE 
INCOME, ETC.

           *       *       *       *       *       *       *



SEC. 62. ADJUSTED GROSS INCOME DEFINED.

  (a) General rule.--For purposes of this subtitle, the term 
``adjusted gross income'' means, in the case of an individual, 
gross income minus the following deductions:
          (1) Trade and business deductions.--The deductions 
        allowed by this chapter (other than by part VII of this 
        subchapter) which are attributable to a trade or 
        business carried on by the taxpayer, if such trade or 
        business does not consist of the performance of 
        services by the taxpayer as an employee.
          (2) Certain trade and business deductions of 
        employees.--
                  (A) Reimbursed expenses of employees.--The 
                deductions allowed by part VI (section 161 and 
                following) which consist of expenses paid or 
                incurred by the taxpayer, in connection with 
                the performance by him of services as an 
                employee, under a reimbursement or other 
                expense allowance arrangement with his 
                employer. The fact that the reimbursement may 
                be provided by a third party shall not be 
                determinative of whether or not the preceding 
                sentence applies.
                  (B) Certain expenses of performing artists.--
                The deductions allowed by section 162 which 
                consist of expenses paid or incurred by a 
                qualified performing artist in connection with 
                the performances by him of services in the 
                performing arts as an employee.
                  (C) Certain expenses of officials.--The 
                deductions allowed by section 162 which consist 
                of expenses paid or incurred with respect to 
                services performed by an official as an 
                employee of a State or a political subdivision 
                thereof in a position compensated in whole or 
                in part on a fee basis.
                  (D) Certain expenses of elementary and 
                secondary school teachers.--The deductions 
                allowed by section 162 which consist of 
                expenses, not in excess of $250, paid or 
                incurred by an eligible educator--
                          (i) by reason of the participation of 
                        the educator in professional 
                        development courses related to the 
                        curriculum in which the educator 
                        provides instruction or to the students 
                        for which the educator provides 
                        instruction, and
                          (ii) in connection with books, 
                        supplies (other than nonathletic 
                        supplies for courses of instruction in 
                        health or physical education), computer 
                        equipment (including related software 
                        and services) and other equipment, and 
                        supplementary materials used by the 
                        eligible educator in the classroom.
                  (E) Certain expenses of members of reserve 
                components of the Armed Forces of the United 
                States.--The deductions allowed by section 162 
                which consist of expenses, determined at a rate 
                not in excess of the rates for travel expenses 
                (including per diem in lieu of subsistence) 
                authorized for employees of agencies under 
                subchapter I of chapter 57 of title 5, United 
                States Code, paid or incurred by the taxpayer 
                in connection with the performance of services 
                by such taxpayer as a member of a reserve 
                component of the Armed Forces of the United 
                States for any period during which such 
                individual is more than 100 miles away from 
                home in connection with such services.
          (3) Losses from sale or exchange of property.--The 
        deductions allowed by part VI (sec. 161 and following) 
        as losses from the sale or exchange of property.
          (4) Deductions attributable to rents and royalties.--
        The deductions allowed by part VI (sec. 161 and 
        following), by section 212 (relating to expenses for 
        production of income), and by section 611 (relating to 
        depletion) which are attributable to property held for 
        the production of rents or royalties.
          (5) Certain deductions of life tenants and income 
        beneficiaries of property.--In the case of a life 
        tenant of property, or an income beneficiary of 
        property held in trust, or an heir, legatee, or devisee 
        of an estate, the deduction for depreciation allowed by 
        section 167 and the deduction allowed by section 611.
          (6) Pension, profit-sharing, and annuity plans of 
        self-employed individuals.--In the case of an 
        individual who is an employee within the meaning of 
        section 401(c)(1), the deduction allowed by section 
        404.
          (7) Retirement savings.--The deduction allowed by 
        section 219 (relating to deduction of certain 
        retirement savings).
          (9) Penalties forfeited because of premature 
        withdrawal of funds from time savings accounts or 
        deposits.--The deductions allowed by section 165 for 
        losses incurred in any transaction entered into for 
        profit, though not connected with a trade or business, 
        to the extent that such losses include amounts 
        forfeited to a bank, mutual savings bank, savings and 
        loan association, building and loan association, 
        cooperative bank or homestead association as a penalty 
        for premature withdrawal of funds from a time savings 
        account, certificate of deposit, or similar class of 
        deposit.
          (10)  Alimony.--The deduction allowed by section 215.
          (11) Reforestation expenses.--The deduction allowed 
        by section 194.
          (12) Certain required repayments of supplemental 
        unemployment compensation benefits.--The deduction 
        allowed by section 165 for the repayment to a trust 
        described in paragraph (9) or (17) of section 501(c) of 
        supplemental unemployment compensation benefits 
        received from such trust if such repayment is required 
        because of the receipt of trade readjustment allowances 
        under section 231 or 232 of the Trade Act of 1974 (19 
        U.S.C. 2291 and 2292).
          (13) Jury duty pay remitted to employer.--Any 
        deduction allowable under this chapter by reason of an 
        individual remitting any portion of any jury pay to 
        such individual's employer in exchange for payment by 
        the employer of compensation for the period such 
        individual was performing jury duty. For purposes of 
        the preceding sentence, the term ``jury pay'' means any 
        payment received by the individual for the discharge of 
        jury duty.
          (15) Moving expenses.--The deduction allowed by 
        section 217.
          (16) Archer MSAs.--The deduction allowed by section 
        220.
          (17) Interest on education loans.--The deduction 
        allowed by section 221.
          (18) Higher education expenses.--The deduction 
        allowed by section 222.
          (19) Health savings accounts.--The deduction allowed 
        by section 223.
          (20) Costs involving discrimination suits, etc..--Any 
        deduction allowable under this chapter for attorney 
        fees and court costs paid by, or on behalf of, the 
        taxpayer in connection with any action involving a 
        claim of unlawful discrimination (as defined in 
        subsection (e)) or a claim of a violation of subchapter 
        III of chapter 37 of title 31, United States Code, or a 
        claim made under section 1862(b)(3)(A) of the Social 
        Security Act (42 U.S.C. 1395y(b)(3)(A)). The preceding 
        sentence shall not apply to any deduction in excess of 
        the amount includible in the taxpayer's gross income 
        for the taxable year on account of a judgment or 
        settlement (whether by suit or agreement and whether as 
        lump sum or periodic payments) resulting from such 
        claim.
          (21) Attorneys' fees relating to awards to 
        whistleblowers.--
                  (A) In general.--Any deduction allowable 
                under this chapter for attorney fees and court 
                costs paid by, or on behalf of, the taxpayer in 
                connection with any award under--
                          (i) section 7623(b), or
                          (ii) in the case of taxable years 
                        beginning after December 31, 2017, any 
                        action brought under--
                                  (I) section 21F of the 
                                Securities Exchange Act of 1934 
                                (15 U.S.C. 78u-6),
                                  (II) a State false claims 
                                act, including a State false 
                                claims act with qui tam 
                                provisions, or
                                  (III) section 23 of the 
                                Commodity Exchange Act (7 
                                U.S.C. 26).
                  (B) May not exceed award.--Subparagraph (A) 
                shall not apply to any deduction in excess of 
                the amount includible in the taxpayer's gross 
                income for the taxable year on account of such 
                award.
Nothing in this section shall permit the same item to be 
deducted more than once. Any deduction allowed by section 199A 
shall not be treated as a deduction described in any of the 
preceding paragraphs of this subsection.
  (b) Qualified performing artist.--
          (1) In general.--For purposes of subsection 
        (a)(2)(B), the term ``qualified performing artist'' 
        means, with respect to any taxable year, any individual 
        if--
                  (A) such individual performed services in the 
                performing arts as an employee during the 
                taxable year for at least 2 employers,
                  (B) the aggregate amount allowable as a 
                deduction under section 162 in connection with 
                the performance of such services exceeds 10 
                percent of such individual's gross income 
                attributable to the performance of such 
                services, and
                  (C) the adjusted gross income of such 
                individual for the taxable year (determined 
                without regard to subsection (a)(2)(B)) does 
                not exceed $16,000.
          (2) Nominal employer not taken into account.--An 
        individual shall not be treated as performing services 
        in the performing arts as an employee for any employer 
        during any taxable year unless the amount received by 
        such individual from such employer for the performance 
        of such services during the taxable year equals or 
        exceeds $200.
          (3) Special rules for married couples.--
                  (A) In general.--Except in the case of a 
                husband and wife who lived apart at all times 
                during the taxable year, if the taxpayer is 
                married at the close of the taxable year, 
                subsection (a)(2)(B) shall apply only if the 
                taxpayer and his spouse file a joint return for 
                the taxable year.
                  (B) Application of paragraph (1).--In the 
                case of a joint return--
                          (i) paragraph (1) (other than 
                        subparagraph (C) thereof) shall be 
                        applied separately with respect to each 
                        spouse, but
                          (ii) paragraph (1)(C) shall be 
                        applied with respect to their combined 
                        adjusted gross income.
                  (C) Determination of marital status.--For 
                purposes of this subsection, marital status 
                shall be determined under section 7703(a).
                  (D) Joint return.--For purposes of this 
                subsection, the term ``joint return'' means the 
                joint return of a husband and wife made under 
                section 6013.
  (c) Certain arrangements not treated as reimbursement 
arrangements.--For purposes of subsection (a)(2)(A), an 
arrangement shall in no event be treated as a reimbursement or 
other expense allowance arrangement if--
          (1) such arrangement does not require the employee to 
        substantiate the expenses covered by the arrangement to 
        the person providing the reimbursement, or
          (2) such arrangement provides the employee the right 
        to retain any amount in excess of the substantiated 
        expenses covered under the arrangement.
The substantiation requirements of the preceding sentence shall 
not apply to any expense to the extent that substantiation is 
not required under section 274(d) for such expense by reason of 
the regulations prescribed under the 2nd sentence thereof.
  (d) Definition; special rules.--
          (1) Eligible educator.--
                  (A) In general.--For purposes of subsection 
                (a)(2)(D), the term ``eligible educator'' 
                means, with respect to any taxable year, an 
                individual who is a kindergarten through grade 
                12 teacher, instructor, counselor, principal, 
                or aide in a school for at least 900 hours 
                during a school year.
                  (B) School.--The term ``school'' means any 
                school which provides elementary education or 
                secondary education (kindergarten through grade 
                12), as determined under State law.
          (2) Coordination with exclusions.--A deduction shall 
        be allowed under subsection (a)(2)(D) for expenses only 
        to the extent the amount of such expenses exceeds the 
        amount excludable under section 135, 529(c)(1), or 
        530(d)(2) for the taxable year.
          (3) Inflation adjustment.--In the case of any taxable 
        year beginning after 2015, the $250 amount in 
        subsection (a)(2)(D) shall be increased by an amount 
        equal to--
                  (A) such dollar amount, multiplied by
                  (B) the cost-of-living adjustment determined 
                under section 1(f)(3) for the calendar year in 
                which the taxable year begins, determined by 
                substituting ``calendar year 2014'' for 
                ``calendar year 2016'' in subparagraph (A)(ii) 
                thereof.
        Any increase determined under the preceding sentence 
        shall be rounded to the nearest multiple of $50.
  (e) Unlawful discrimination defined.--For purposes of 
subsection (a)(20), the term ``unlawful discrimination'' means 
an act that is unlawful under any of the following:
          (1) Section 302 of the Civil Rights Act of 1991 (42 
        U.S.C. 2000e-16b).
          (2) Section 201, 202, 203, 204, 205, 206, [or 207] 
        207, or 208 of the Congressional Accountability Act of 
        1995 (2 U.S.C. 1311, 1312, 1313, 1314, 1315, 1316, or 
        1317).
          (3) The National Labor Relations Act (29 U.S.C. 151 
        et seq.).
          (4) The Fair Labor Standards Act of 1938 (29 U.S.C. 
        201 et seq.).
          (5) Section 4 or 15 of the Age Discrimination in 
        Employment Act of 1967 (29 U.S.C. 623 or 633a).
          (6) Section 501 or 504 of the Rehabilitation Act of 
        1973 (29 U.S.C. 791 or 794).
          (7) Section 510 of the Employee Retirement Income 
        Security Act of 1974 (29 U.S.C. 1140).
          (8) Title IX of the Education Amendments of 1972 (20 
        U.S.C. 1681 et seq.).
          (9) The Employee Polygraph Protection Act of 1988 (29 
        U.S.C. 2001 et seq.).
          (10) The Worker Adjustment and Retraining 
        Notification Act (29 U.S.C. 2102 et seq.).
          (11) Section 105 of the Family and Medical Leave Act 
        of 1993 (29 U.S.C. 2615).
          (12) Chapter 43 of title 38, United States Code 
        (relating to employment and reemployment rights of 
        members of the uniformed services).
          (13) Section 1977, 1979, or 1980 of the Revised 
        Statutes (42 U.S.C. 1981, 1983, or 1985).
          (14) Section 703, 704, or 717 of the Civil Rights Act 
        of 1964 (42 U.S.C. 2000e-2, 2000e-3, or 2000e-16).
          (15) Section 804, 805, 806, 808, or 818 of the Fair 
        Housing Act (42 U.S.C. 3604, 3605, 3606, 3608, or 
        3617).
          (16) Section 102, 202, 302, or 503 of the Americans 
        with Disabilities Act of 1990 (42 U.S.C. 12112, 12132, 
        12182, or 12203).
          (17) Any provision of Federal law (popularly known as 
        whistleblower protection provisions) prohibiting the 
        discharge of an employee, the discrimination against an 
        employee, or any other form of retaliation or reprisal 
        against an employee for asserting rights or taking 
        other actions permitted under Federal law.
          (18) Any provision of Federal, State, or local law, 
        or common law claims permitted under Federal, State, or 
        local law--
                  
                  (i) providing for the enforcement of civil 
                rights, or
                  
                  (ii) regulating any aspect of the employment 
                relationship, including claims for wages, 
                compensation, or benefits, or prohibiting the 
                discharge of an employee, the discrimination 
                against an employee, or any other form of 
                retaliation or reprisal against an employee for 
                asserting rights or taking other actions 
                permitted by law.

           *       *       *       *       *       *       *

                              ----------                              


                      TITLE 28, UNITED STATES CODE




           *       *       *       *       *       *       *
PART III--COURT OFFICERS AND EMPLOYEES

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CHAPTER 41--ADMINISTRATIVE OFFICE OF UNITED STATES COURTS

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Sec. 604. Duties of Director generally

  (a) The Director shall be the administrative officer of the 
courts, and under the supervision and direction of the Judicial 
Conference of the United States, shall:
          (1) Supervise all administrative matters relating to 
        the offices of clerks and other clerical and 
        administrative personnel of the courts;
          (2) Examine the state of the dockets of the courts; 
        secure information as to the courts' need of 
        assistance; prepare and transmit semiannually to the 
        chief judges of the circuits, statistical data and 
        reports as to the business of the courts;
          (3) Submit to the annual meeting of the Judicial 
        Conference of the United States, at least two weeks 
        prior thereto, a report of the activities of the 
        Administrative Office and the state of the business of 
        the courts, together with the statistical data 
        submitted to the chief judges of the circuits under 
        paragraph (a)(2) of this section, and the Director's 
        recommendations, which report, data and recommendations 
        shall be public documents.
          (4) Submit to Congress and the Attorney General 
        copies of the report, data and recommendations required 
        by paragraph (a)(3) of this section;
          (5) Fix the compensation of clerks of court, 
        deputies, librarians, criers, messengers, law clerks, 
        secretaries, stenographers, clerical assistants, and 
        other employees of the courts whose compensation is not 
        otherwise fixed by law, and, notwithstanding any other 
        provision of law, pay on behalf of Justices and judges 
        of the United States appointed to hold office during 
        good behavior, United States magistrate judges, 
        bankruptcy judges appointed under chapter 6 of this 
        title, judges of the District Court of Guam, judges of 
        the District Court for the Northern Mariana Islands, 
        judges of the District Court of the Virgin Islands, 
        bankruptcy judges and magistrate judges retired under 
        section 377 of this title, and judges retired under 
        section 373 of this title, who are, aged 65 or over, 
        any increases in the cost of Federal Employees' Group 
        Life Insurance imposed after April 24, 1999, including 
        any expenses generated by such payments, as authorized 
        by the Judicial Conference of the United States;
          (6) Determine and pay necessary office expenses of 
        courts, judges, and those court officials whose 
        expenses are by law allowable, and the lawful fees of 
        United States magistrate judges;
          (7) Regulate and pay annuities to widows and 
        surviving dependent children of justices and judges of 
        the United States, judges of the United States Court of 
        Federal Claims, bankruptcy judges, United States 
        magistrate judges, Directors of the Federal Judicial 
        Center, and Directors of the Administrative Office, and 
        necessary travel and subsistence expenses incurred by 
        judges, court officers and employees, and officers and 
        employees of the Administrative Office, and the Federal 
        Judicial Center, while absent from their official 
        stations on official business, without regard to the 
        per diem allowances and amounts for reimbursement of 
        actual and necessary expenses established by the 
        Administrator of General Services under section 5702 of 
        title 5, except that the reimbursement of subsistence 
        expenses may not exceed that authorized by the Director 
        for judges of the United States under section 456 of 
        this title;
          (8) Disburse appropriations and other funds for the 
        maintenance and operation of the courts;
          (9) Establish pretrial services pursuant to section 
        3152 of title 18, United States Code;
          (10)(A) Purchase, exchange, transfer, distribute, and 
        assign the custody of lawbooks, equipment, supplies, 
        and other personal property for the judicial branch of 
        Government (except the Supreme Court unless otherwise 
        provided pursuant to paragraph (17)); (B) provide or 
        make available readily to each court appropriate 
        equipment for the interpretation of proceedings in 
        accordance with section 1828 of this title; and (C) 
        enter into and perform contracts and other transactions 
        upon such terms as the Director may deem appropriate as 
        may be necessary to the conduct of the work of the 
        judicial branch of Government (except the Supreme Court 
        unless otherwise provided pursuant to paragraph (17)), 
        and contracts for nonpersonal services providing 
        pretrial services, agencies, for the interpretation of 
        proceedings, and for the provision of special 
        interpretation services pursuant to section 1828 of 
        this title may be awarded without regard to section 
        6101(b) to (d) of title 41;
          (11) Audit vouchers and accounts of the courts, the 
        Federal Judicial Center, the offices providing pretrial 
        services, and their clerical and administrative 
        personnel;
          (12) Provide accommodations for the courts, the 
        Federal Judicial Center, the offices providing pretrial 
        services and their clerical and administrative 
        personnel;
          (13) Lay before Congress, annually, statistical 
        tables that will accurately reflect the business 
        transacted by the several bankruptcy courts, and all 
        other pertinent data relating to such courts;
          (14) Pursuant to section 1827 of this title, 
        establish a program for the certification and 
        utilization of interpreters in courts of the United 
        States;
          (15) Pursuant to section 1828 of this title, 
        establish a program for the provision of special 
        interpretation services in courts of the United States;
          (16)(A) In those districts where the Director 
        considers it advisable based on the need for 
        interpreters, authorize the full-time or part-time 
        employment by the court of certified interpreters; (B) 
        where the Director considers it advisable based on the 
        need for interpreters, appoint certified interpreters 
        on a full-time or part-time basis, for services in 
        various courts when he determines that such 
        appointments will result in the economical provision of 
        interpretation services; and (C) pay out of moneys 
        appropriated for the judiciary interpreters' salaries, 
        fees, and expenses, and other costs which may accrue in 
        accordance with the provisions of sections 1827 and 
        1828 of this title;
          (17) In the Director's discretion, (A) accept and 
        utilize voluntary and uncompensated (gratuitous) 
        services, including services as authorized by section 
        3102(b) of title 5, United States Code; and (B) accept, 
        hold, administer, and utilize gifts and bequests of 
        personal property for the purpose of aiding or 
        facilitating the work of the judicial branch of 
        Government, but gifts or bequests of money shall be 
        covered into the Treasury;
          (18) Establish procedures and mechanisms within the 
        judicial branch for processing fines, restitution, 
        forfeitures of bail bonds or collateral, and 
        assessments;
          (19) Regulate and pay annuities to bankruptcy judges 
        and United States magistrate judges in accordance with 
        section 377 of this title and paragraphs (1)(B) and (2) 
        of section 2(c) of the Retirement and Survivors' 
        Annuities for Bankruptcy Judges and Magistrates Act of 
        1988;
          (20) Periodically compile--
                  (A) the rules which are prescribed under 
                section 2071 of this title by courts other than 
                the Supreme Court;
                  (B) the rules which are prescribed under 
                section 358 of this title; and
                  (C) the orders which are required to be 
                publicly available under section 360(b) of this 
                title;
        so as to provide a current record of such rules and 
        orders;
          (21) Establish a program of incentive awards for 
        employees of the judicial branch of the United States 
        Government, other than any judge who is entitled to 
        hold office during good behavior;
          (22) Receive and expend, either directly or by 
        transfer to the United States Marshals Service or other 
        Government agency, funds appropriated for the 
        procurement, installation, and maintenance of security 
        equipment and protective services for the United States 
        Courts in courtrooms and adjacent areas, including 
        building ingress/egress control, inspection of 
        packages, directed security patrols, and other similar 
        activities;
          (23) Regulate and pay annuities to judges of the 
        United States Court of Federal Claims in accordance 
        with section 178 of this title; and
          (24) Perform such other duties as may be assigned to 
        him by the Supreme Court or the Judicial Conference of 
        the United States.
  (b) The clerical and administrative personnel of the courts 
shall comply with all requests by the Director for information 
or statistical data as to the state of court dockets.
  (c) Inspection of court dockets outside the continental 
United States may be made through United States officials 
residing within the jurisdiction where the inspection is made.
  (d) The Director, under the supervision and direction of the 
conference, shall:
          (1) supervise all administrative matters relating to 
        the offices of the United States magistrate judges;
          (2) gather, compile, and evaluate all statistical and 
        other information required for the performance of his 
        duties and the duties of the conference with respect to 
        such officers;
          (3) lay before Congress annually statistical tables 
        and other information which will accurately reflect the 
        business which has come before the various United 
        States magistrate judges, including (A) the number of 
        matters in which the parties consented to the exercise 
        of jurisdiction by a magistrate judge, (B) the number 
        of appeals taken pursuant to the decisions of 
        magistrate judges and the disposition of such appeals, 
        and (C) the professional background and qualifications 
        of individuals appointed under section 631 of this 
        title to serve as magistrate judge;
          (4) prepare and distribute a manual, with annual 
        supplements and periodic revisions, for the use of such 
        officers, which shall set forth their powers and 
        duties, describe all categories of proceedings that may 
        arise before them, and contain such other information 
        as may be required to enable them to discharge their 
        powers and duties promptly, effectively, and 
        impartially.
  (e) The Director may promulgate appropriate rules and 
regulations approved by the conference and not inconsistent 
with any provision of law, to assist him in the performance of 
the duties conferred upon him by subsection (d) of this 
section. Magistrate judges shall keep such records and make 
such reports as are specified in such rules and regulations.
  (f) The Director may make, promulgate, issue, rescind, and 
amend rules and regulations (including regulations prescribing 
standards of conduct for Administrative Office employees) as 
may be necessary to carry out the Director's functions, powers, 
duties, and authority. The Director may publish in the Federal 
Register such rules, regulations, and notices for the judicial 
branch of Government as the Director determines to be of public 
interest; and the Director of the Federal Register hereby is 
authorized to accept and shall publish such materials.
  (g)(1) When authorized to exchange personal property, the 
Director may exchange or sell similar items and may apply the 
exchange allowance or proceeds of sale in such cases in whole 
or in part payment for the property acquired, but any 
transaction carried out under the authority of this subsection 
shall be evidenced in writing.
  (2) The Director hereby is authorized to enter into contracts 
for public utility services and related terminal equipment for 
periods not exceeding ten years.
  (3)(A) In order to promote the recycling and reuse of 
recyclable materials, the Director may provide for the sale or 
disposal of recyclable scrap materials from paper products and 
other consumable office supplies held by an entity within the 
judicial branch.
  (B) The sale or disposal of recyclable materials under 
subparagraph (A) shall be consistent with the procedures 
provided in sections 541-555 of title 40 for the sale of 
surplus property.
  (C) Proceeds from the sale of recyclable materials under 
subparagraph (A) shall be deposited as offsetting collections 
to the fund established under section 1931 of this title and 
shall remain available until expended to reimburse any 
appropriations for the operation and maintenance of the 
judicial branch.
  (4) The Director is hereby authorized:
          (A) to enter into contracts for the acquisition of 
        severable services for a period that begins in one 
        fiscal year and ends in the next fiscal year to the 
        same extent as the head of an executive agency under 
        the authority of section 253l of title 41, United 
        States Code;
          (B) to enter into contracts for multiple years for 
        the acquisition of property and services to the same 
        extent as executive agencies under the authority of 
        section 254c of title 41, United States Code; and
          (C) to make advance, partial, progress or other 
        payments under contracts for property or services to 
        the same extent as executive agencies under the 
        authority of section 255 of title 41, United States 
        Code.
  (h)(1) The Director shall, out of funds appropriated for the 
operation and maintenance of the courts, provide facilities and 
pay necessary expenses incurred by the judicial councils of the 
circuits and the Judicial Conference under chapter 16 of this 
title, including mileage allowance and witness fees, at the 
same rate as provided in section 1821 of this title. 
Administrative and professional assistance from the 
Administrative Office of the United States Courts may be 
requested by each judicial council and the Judicial Conference 
for purposes of discharging their duties under chapter 16 of 
this title.
  (2) The Director of the Administrative Office of the United 
States Courts shall include in his annual report filed with the 
Congress under this section a summary of the number of 
complaints filed with each judicial council under chapter 16 of 
this title, indicating the general nature of such complaints 
and the disposition of those complaints in which action has 
been taken.
  (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.

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                      TITLE 41, UNITED STATES CODE




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SUBTITLE I--FEDERAL PROCUREMENT POLICY

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DIVISION C--PROCUREMENT

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                       CHAPTER 47--MISCELLANEOUS


Sec.
4701. Determinations and decisions.
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4714. Prohibition on criminal history inquiries by contractors prior to 
          conditional offer.
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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.

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                      TITLE 10, UNITED STATES CODE


SUBTITLE A--GENERAL MILITARY LAW

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PART IV--SERVICE, SUPPLY, AND PROCUREMENT

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                   CHAPTER 137--PROCUREMENT GENERALLY


Sec.

2302. Definitions.
     * * * * * * *
2339. Prohibition on criminal history inquiries by contractors prior to 
          conditional offer.


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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.

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