§1316b Rights and Protections Relating to Criminal History Inquiries

Summary

Stops employees of an employing office from asking job applicants for “covered employee” positions about their criminal records when federal rules would bar an agency employee from asking the same thing. A job offer that is called a “conditional offer” counts as an offer that depends on the results of a criminal-record check. The terms used here: “agency” (federal department or similar), “criminal history record information” (criminal record data), and “suspension” (temporary removal from duty) have the meanings given in 5 U.S.C. 9201 unless this law says otherwise. If the rule is broken, the person harmed can get the same kinds of relief they would get under 5 U.S.C. 9204, with the suspension treated as the unpaid-leave suspension for covered employees under section 1312. The affected applicant may use the procedures in subchapter IV (except sections 1407 and 1408 and any part that allows a civil lawsuit or court review), following rules the Board issues. The Board must publish implementing regulations under section 1384 no later than 18 months after December 20, 2019, generally matching the Office of Personnel Management’s Fair Chance regulations unless the Board shows good cause to change them. The rules here take effect when 5 U.S.C. 9202 starts to apply to agencies.