Fair Chance Act

Fair Chance to Compete for Jobs Act of 2015 or the Fair Chance Act

This bill prohibits federal agencies and federal contractors from requesting that applicants for employment disclose criminal history record information before receiving a conditional offer (an offer of employment conditioned upon the results of a criminal history inquiry). The bill sets forth positions to which such prohibition 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.

The bill prohibits 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 Director of the Office of Personnel Management, the Board of Directors of the Office of Compliance, the Director of the Administrative Office of the United States Courts, the Administrator of General Services, and the Secretary of Defense must: (1) establish procedures for submitting complaints about, and taking adverse actions against, agency employees and contractors for violating such prohibitions and for appealing such an adverse action; and (2) issue regulations to implement this Act. The Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation to implement the requirements of this Act.

The Department of Labor, in coordination with the Bureau of the Census and the Bureau of Justice Statistics, must study and report every five years on the employment of individuals who are released from federal prison after completing a term of imprisonment for a federal criminal offense.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov