10 U.S.C. § 4657: Prohibition on criminal history inquiries by contractors prior to conditional offer

may not require that 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; and shall require as a condition of receiving a Federal contract and receiving payments under such contract that the contractor may not verbally or through written form request the disclosure of criminal history record information regarding an applicant for a position related to work under such contract before such contractor extends a conditional offer to the applicant. The prohibition under paragraph (1) does not apply with respect to a contract if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law. a contract that requires an individual hired under the contract to access classified information or to have sensitive law enforcement or national security duties; or a position that the Secretary of Defense identifies under the regulations issued under subparagraph (B). Not later than 16 months after the date of enactment of the Fair Chance to Compete for Jobs Act of 2019, the Secretary of Defense, in consultation with the Administrator of General Services, shall issue regulations identifying additional positions with respect to which the prohibition under paragraph (1) shall not apply, giving due consideration to positions that involve interaction with minors, access to sensitive information, or managing financial transactions. be consistent with, and in no way supersede, restrict, or limit the application of title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq.) or other relevant Federal civil rights laws; and ensure that all hiring activities conducted pursuant to the regulations are conducted in a manner consistent with relevant Federal civil rights laws. The Secretary of Defense shall establish and publish procedures under which an applicant for a position with a Department of Defense contractor may submit a complaint, or any other information, relating to compliance by the contractor with subsection (a)(1)(B). notify the contractor; provide 30 days after such notification for the contractor to appeal the determination; and issue a written warning to the contractor that includes a description of the violation and the additional remedies that may apply for subsequent violations. providing written guidance to the contractor that the contractor’s eligibility for contracts requires compliance with this section; requiring that the contractor respond within 30 days affirming that the contractor is taking steps to comply with this section; and suspending payment under the contract for which the applicant was being considered until the contractor demonstrates compliance with this section. The term “conditional offer” means an offer of employment for a position related to work under a contract that is conditioned upon the results of a criminal history inquiry. The term “criminal history record information” has the meaning given that term in section 9201 of title 5 . Not later than 18 months after the date of enactment of this subtitle [ Dec. 20, 2019 ], the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation to implement section 4714 of title 41 , United States Code, and section 4657 of title 10 , United States Code, as added by this section. The Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation under paragraph (1) to be consistent with the regulations issued by the Director of the Office of Personnel Management under section 1122(b)(1) [ 5 U.S.C. 9201 note] to the maximum extent practicable. The Council shall include together with such revision an explanation of any substantive modification of the Office of Personnel Management regulations, including an explanation of how such modification will more effectively implement the rights and protections under this section.”