§4714 Prohibition on Criminal History Inquiries by Contractors Prior to Conditional Offer

Summary

Federal agencies must not make an individual or sole proprietor who bids on a contract give their criminal record before the agency picks the apparent winner. Contractors who get federal contracts and payments must not ask job applicants about criminal records before giving a conditional job offer. There are two exceptions: if another law requires looking at criminal records earlier, or for certain jobs like those that need access to classified information, sensitive law enforcement or national security duties, or other jobs the General Services Administration (GSA) names in rules. The GSA must issue those rules within 16 months after the Fair Chance to Compete for Jobs Act of 2019 became law. The rules must consider jobs with minors, sensitive information, or money duties, and must follow Title VII of the Civil Rights Act of 1964 and other federal civil rights laws. The GSA must set up a way for applicants to complain if a contractor breaks this rule. For a first contractor violation, the agency must notify the contractor, give 30 days to appeal, and send a written warning. For a repeat violation, the agency must notify the contractor, give 30 days to appeal, and may give guidance, require a written fix within 30 days, or stop payments until the contractor follows the rule. Definitions: "conditional offer" = a job offer that depends on a criminal check; "criminal history record information" = the term as defined in 5 U.S.C. 9201.