S. 387

Fair Chance to Compete for Jobs Act of 2019 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 of employment.

Agencies may not require 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; 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.

The OPM, the Office of Congressional Workplace Rights, 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 Bureau of Justice Statistics, in coordination with the Bureau of the Census, must 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.