Legis Daily

Fair Chance Act

USA115th CongressS-842| Senate 
| Updated: 9/25/2017
Cory A. Booker

Cory A. Booker

Democratic Senator

New Jersey

Cosponsors (11)
Joni Ernst (Republican)Tammy Duckworth (Democratic)Patrick J. Leahy (Democratic)Richard J. Durbin (Democratic)Ron Johnson (Republican)Robert P. Casey (Democratic)Tina Smith (Democratic)Sherrod Brown (Democratic)Tammy Baldwin (Democratic)Gary C. Peters (Democratic)Rob Portman (Republican)

Homeland Security and Governmental Affairs Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Fair Chance to Compete for Jobs Act of 2017 or the Fair Chance Act This bill prohibits: (1) federal agencies and federal contractors from requesting that applicants for employment disclose criminal history record information before receiving a conditional offer of employment, and (2) agencies from requiring an individual or sole proprietor who submits a bid for a contract to disclose criminal history record information regarding that individual or sole proprietor before determining the apparent awardee. The bill: (1) sets forth positions to which such prohibitions shall not apply, such as positions for which prior consideration of criminal history record information is otherwise required by law, positions with law enforcement and national security duties, and positions requiring access to classified information; and (2) requires the Office of Personnel Management (OPM), the General Services Administration (GSA), and the Department of Defense (DOD) to issue regulations identifying additional positions with respect to which the prohibition shall not apply, giving due consideration to positions that involve interaction with minors, access to sensitive information, or managing financial transactions, consistent with relevant federal civil rights laws. The OPM, the Office of Compliance, the Administrative Office of the United States Courts, the GSA, and DOD must: (1) establish procedures for submitting complaints about, and taking actions against, agency employees and contractors for violating such prohibitions and for appealing such an action; and (2) issue regulations to implement this bill. The Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation to implement the requirements of this bill. The Bureau of Justice Statistics, in coordination with the Bureau of the Census, must: (1) design and initiate a study on the employment of individuals who are released from federal prison after completing a term of imprisonment for a federal criminal offense, and (2) report to Congress at specified intervals.

Bill Text Versions

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2 versions available

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Timeline
Apr 5, 2017
Introduced in Senate
Apr 5, 2017
Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (Sponsor introductory remarks on measure: CR S2366-2367)
May 17, 2017
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with amendments favorably.
Sep 25, 2017
Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with amendments. With written report No. 115-162.
Sep 25, 2017
Placed on Senate Legislative Calendar under General Orders. Calendar No. 228.
  • April 5, 2017
    Introduced in Senate


  • April 5, 2017
    Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (Sponsor introductory remarks on measure: CR S2366-2367)


  • May 17, 2017
    Committee on Homeland Security and Governmental Affairs. Ordered to be reported with amendments favorably.


  • September 25, 2017
    Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with amendments. With written report No. 115-162.


  • September 25, 2017
    Placed on Senate Legislative Calendar under General Orders. Calendar No. 228.

Government Operations and Politics

Related Bills

  • HR 115-1905: 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.
Administrative law and regulatory proceduresAdministrative remediesCongressional oversightCorrectional facilities and imprisonmentCriminal justice information and recordsDepartment of DefenseEmployee hiringEmployee performanceEmployment discrimination and employee rightsGeneral Services AdministrationGovernment employee pay, benefits, personnel managementGovernment studies and investigationsMilitary procurement, research, weapons developmentOffice of Management and Budget (OMB)Office of Personnel Management (OPM)Public contracts and procurement

Fair Chance Act

USA115th CongressS-842| Senate 
| Updated: 9/25/2017
Fair Chance to Compete for Jobs Act of 2017 or the Fair Chance Act This bill prohibits: (1) federal agencies and federal contractors from requesting that applicants for employment disclose criminal history record information before receiving a conditional offer of employment, and (2) agencies from requiring an individual or sole proprietor who submits a bid for a contract to disclose criminal history record information regarding that individual or sole proprietor before determining the apparent awardee. The bill: (1) sets forth positions to which such prohibitions shall not apply, such as positions for which prior consideration of criminal history record information is otherwise required by law, positions with law enforcement and national security duties, and positions requiring access to classified information; and (2) requires the Office of Personnel Management (OPM), the General Services Administration (GSA), and the Department of Defense (DOD) to issue regulations identifying additional positions with respect to which the prohibition shall not apply, giving due consideration to positions that involve interaction with minors, access to sensitive information, or managing financial transactions, consistent with relevant federal civil rights laws. The OPM, the Office of Compliance, the Administrative Office of the United States Courts, the GSA, and DOD must: (1) establish procedures for submitting complaints about, and taking actions against, agency employees and contractors for violating such prohibitions and for appealing such an action; and (2) issue regulations to implement this bill. The Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation to implement the requirements of this bill. The Bureau of Justice Statistics, in coordination with the Bureau of the Census, must: (1) design and initiate a study on the employment of individuals who are released from federal prison after completing a term of imprisonment for a federal criminal offense, and (2) report to Congress at specified intervals.

Bill Text Versions

View Text
2 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Apr 5, 2017
Introduced in Senate
Apr 5, 2017
Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (Sponsor introductory remarks on measure: CR S2366-2367)
May 17, 2017
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with amendments favorably.
Sep 25, 2017
Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with amendments. With written report No. 115-162.
Sep 25, 2017
Placed on Senate Legislative Calendar under General Orders. Calendar No. 228.
  • April 5, 2017
    Introduced in Senate


  • April 5, 2017
    Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (Sponsor introductory remarks on measure: CR S2366-2367)


  • May 17, 2017
    Committee on Homeland Security and Governmental Affairs. Ordered to be reported with amendments favorably.


  • September 25, 2017
    Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with amendments. With written report No. 115-162.


  • September 25, 2017
    Placed on Senate Legislative Calendar under General Orders. Calendar No. 228.
Cory A. Booker

Cory A. Booker

Democratic Senator

New Jersey

Cosponsors (11)
Joni Ernst (Republican)Tammy Duckworth (Democratic)Patrick J. Leahy (Democratic)Richard J. Durbin (Democratic)Ron Johnson (Republican)Robert P. Casey (Democratic)Tina Smith (Democratic)Sherrod Brown (Democratic)Tammy Baldwin (Democratic)Gary C. Peters (Democratic)Rob Portman (Republican)

Homeland Security and Governmental Affairs Committee

Government Operations and Politics

Related Bills

  • HR 115-1905: 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.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative law and regulatory proceduresAdministrative remediesCongressional oversightCorrectional facilities and imprisonmentCriminal justice information and recordsDepartment of DefenseEmployee hiringEmployee performanceEmployment discrimination and employee rightsGeneral Services AdministrationGovernment employee pay, benefits, personnel managementGovernment studies and investigationsMilitary procurement, research, weapons developmentOffice of Management and Budget (OMB)Office of Personnel Management (OPM)Public contracts and procurement