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41 U.S.C. § 4714 — Prohibition on criminal history inquiries by contractors prior to conditional offer
Federal law — U.S. Code and appendices · legal_authorities
**(a) Limitation on Criminal History Inquiries.—**
(1) **In general.—** — Except as provided in paragraphs (2) and (3), an executive agency—
(A) 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
(B) 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 the contractor extends a conditional offer to the applicant.
(2) **Otherwise required by law.—** — 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.
(3) **Exception for certain positions.—**
(A) *In general.—* — The prohibition under paragraph (1) does not apply with respect to—
(i) 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
(ii) a position that the Administrator of General Services identifies under the regulations issued under subparagraph (B).
(B) *Regulations.—*
(i) *Issuance.—* — Not later than 16 months after the date of enactment of the Fair Chance to Compete for Jobs Act of 2019, the Administrator of General Services, in consultation with the Secretary of Defense, shall issue regulations identifying additional positions with respect to which the prohibition under paragraph
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Source file: Laws/federal/codes/united-states-code/title-41/section-4714-prohibition-on-criminal-history-inquiries-by-contractors-prior-to-condit--ab353a716a.md
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Source location: Title 41, Chapter 47, § 4714; chapter-047-chapter-47.md
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**(a) Limitation on Criminal History Inquiries.—**
(1) **In general.—** — Except as provided in paragraphs (2) and (3), an executive agency—
(A) 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
(B) 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 the contractor extends a conditional offer to the applicant.
(2) **Otherwise required by law.—** — 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.
(3) **Exception for certain positions.—**
(A) *In general.—* — The prohibition under paragraph (1) does not apply with respect to—
(i) 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
(ii) a position that the Administrator of General Services identifies under the regulations issued under subparagraph (B).
(B) *Regulations.—*
(i) *Issuance.—* — Not later than 16 months after the date of enactment of the Fair Chance to Compete for Jobs Act of 2019, the Administrator of General Services, in consultation with the Secretary of Defense, 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.
(ii) *Compliance with civil rights laws.—* — The regulations issued under clause (i) shall—
(I) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim) et seq.) or other relevant Federal civil rights laws; and
(II) ensure that all hiring activities conducted pursuant to the regulations are conducted in a manner consistent with relevant Federal civil rights laws.
**(b) Complaint Procedures.—** The Administrator of General Services shall establish and publish procedures under which an applicant for a position with a Federal contractor may submit to the Administrator a complaint, or any other information, relating to compliance by the contractor with subsection (a)(1)(B).
**(c) Action for Violations of Prohibition on Criminal History Inquiries.—**
(1) **First violation.—** — If the head of an executive agency determines that a contractor has violated subsection (a)(1)(B), such head shall—
(A) notify the contractor;
(B) provide 30 days after such notification for the contractor to appeal the determination; and
(C) issue a written warning to the contractor that includes a description of the violation and the additional remedies that may apply for subsequent violations.
(2) **Subsequent violation.—** — If the head of an executive agency determines that a contractor that was subject to paragraph (1) has committed a subsequent violation of subsection (a)(1)(B), such head shall notify the contractor, shall provide 30 days after such notification for the contractor to appeal the determination, and, in consultation with the relevant Federal agencies, may take actions, depending on the severity of the infraction and the contractor’s history of violations, including—
(A) providing written guidance to the contractor that the contractor’s eligibility for contracts requires compliance with this section;
(B) requiring that the contractor respond within 30 days affirming that the contractor is taking steps to comply with this section; and
(C) suspending payment under the contract for which the applicant was being considered until the contractor demonstrates compliance with this section.
**(d) Definitions.—** In this section:
(1) **Conditional offer.—** — 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.
(2) **Criminal history record information.—** — The term “criminal history record information” has the meaning given that term in [section 9201 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9201&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter—
**(a)** The term “person” includes one or more individuals, governments, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11, or receivers.
**(b)** The term “employer” means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include (1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service (as defined in [section 2102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2102&num=0&edition=prelim)), or (2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under [section 501(c) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c&num=0&edition=prelim), except that during the first year after March 24, 1972, persons having fewer than twenty-five employees (and their agents) shall not be considered employers.
**(c)** The term “employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person.
**(d)** The term “labor organization” means a labor organization engaged in an industry affecting commerce, and any
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Inquiries Prior to Conditional Offer.—** Except as provided in subsections (b) and (c), an employee of an agency may not request, in oral or written form (including through the Declaration for Federal Employment (Office of Personnel Management Optional Form 306) or any similar successor form, the USAJOBS internet website, or any other electronic means) that an applicant for an appointment to a position in the civil service disclose criminal history record information regarding the applicant before the appointing authority extends a conditional offer to the applicant.
**(b) Otherwise Required by Law.—** The prohibition under subsection (a) shall not apply with respect to an applicant for a position in the civil service if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law.
**(c) Exception for Certain Positions.—**
(1) **In general.—** — The prohibition under subsection (a) shall not apply with respect to an applicant for an appointment to a position—
(A) that requires a determination of eligibility described in clause (i), (ii), or (iii) of section 9101(b)(1)(A);
(B) as a Federal law enforcement officer (as defined in [section 115(c) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section115/c&num=0&edition=prelim)); or
(C) identified by the Director of the Office of Personnel Management in the regulations issued under paragraph (2).
(2) **Regulations.—**
(A) *Issuance.—* — The Director of the Office of Personnel Management shall issue regulations identifying additional positions with respect to which the prohibition under subsection (a) shall not apply, giving due consideration to positions that involve interaction with minors,
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 9202
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter—
(1) the term “agency” means “Executive agency” as such term is defined in section 105 and includes—
(A) the United States Postal Service and the Postal Regulatory Commission; and
(B) the Executive Office of the President;
(2) the term “appointing authority” means an employee in the executive branch of the Government of the United States that has authority to make appointments to positions in the civil service;
(3) the term “conditional offer” means an offer of employment in a position in the civil service that is conditioned upon the results of a criminal history inquiry;
(4) the term “criminal history record information”—
(A) except as provided in subparagraphs (B) and (C), has the meaning given the term in section 9101(a);
(B) includes any information described in the first sentence of section 9101(a)(2) that has been sealed or expunged pursuant to law; and
(C) includes information collected by a criminal justice agency, relating to an act or alleged act of juvenile delinquency, that is analogous to criminal history record information (including such information that has been sealed or expunged pursuant to law); and
(5) the term “suspension” has the meaning given the term in section 7501.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Equal access** All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.
**(b) Establishments affecting interstate commerce or supported in their activities by State action as places of public accommodation; lodgings; facilities principally engaged in selling food for consumption on the premises; gasoline stations; places of exhibition or entertainment; other covered establishments** Each of the following establishments which serves the public is a place of public accommodation within the meaning of this subchapter if its operations affect commerce, or if discrimination or segregation by it is supported by State action:
(1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence;
(2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station;
(3) any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and
(4) any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such cove
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Limitation on Criminal History Inquiries.—**
(1) **In general.—** — Except as provided in paragraphs (2) and (3), the head of an agency—
(A) 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
(B) 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.
(2) **Otherwise required by law.—** — 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.
(3) **Exception for certain positions.—**
(A) *In general.—* — The prohibition under paragraph (1) does not apply with respect to—
(i) 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
(ii) a position that the Secretary of Defense identifies under the regulations issued under subparagraph (B).
(B) *Regulations.—*
(i) *Issuance.—* — 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 no
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4657
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Federal law — U.S. Code and appendices · legal_authorities
The Executive departments are:
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Federal law — U.S. Code and appendices · legal_authorities
Page 153
TITLE 41—PUBLIC CONTRACTS
§ 4714
‘‘(1) IN GENERAL.—There is authorized to be appro-
priated $3,000,000 for each of fiscal years 2023 through
2033 for the Office of Management and Budget to sup-
port the activities of the Federal Acquisition Secu-
rity Council.
‘‘(2) TRANSFER AUTHORITY.—The Director of the Of-
fice of Management and Budget may transfer funds
authorized to be appropriated under paragraph (1) to
other Federal agencies for the performance of work
for which the funds were authorized.’’
§ 4714. Prohibition on criminal history inquiries
by contractors prior to conditional offer
(a) LIMITATION
ON CRIMINAL HISTORY INQUIR-
IES.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), an executive agency—
(A) may not require that an individual or
sole proprietor who submits a bid for a con-
tract to disclose criminal history record in-
formation regarding that individual or sole
proprietor before determining the apparent
awardee; and
(B) shall require, as a condition of receiv-
ing a Federal contract and receiving pay-
ments under such contract that the con-
tractor may not verbally, or through written
form, request the disclosure of criminal his-
tory record information regarding an appli-
cant for a position related to work under
such contract before the contractor extends
a conditional offer to the applicant.
(2) OTHERWISE REQUIRED BY LAW.—The prohi-
bition under paragraph (1) does not apply with
respect to a contract if consideration of crimi-
nal history record information prior to a con-
ditional offer with respect to the position is
otherwise required by law.
(3) EXCEPTION FOR CERTAIN POSITIONS.—
(A) IN
GENERAL.—The prohibition under
paragraph (1) does not apply with respect
to—
(i) a contract that requires an individual
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 4714
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Federal law — U.S. Code and appendices · legal_authorities
Page 5261
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2000e
part of the Civil Rights Act of 1964, title VI of which
comprises this subchapter.
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
‘‘Secretary of Education’’ substituted for ‘‘Depart-
ment of Health, Education, and Welfare’’ in subsec. (d)
pursuant to sections 301 and 507 of Pub. L. 96–88, which
are classified to sections 3441 and 3507 of Title 20, Edu-
cation, and which transferred functions and offices (re-
lating to education) of Department and Secretary of
Health, Education, and Welfare to Secretary of Edu-
cation.
§ 2000d–7. Civil rights remedies equalization
(a) General provision
(1) A State shall not be immune under the
Eleventh Amendment of the Constitution of the
United States from suit in Federal court for a
violation of section 504 of the Rehabilitation Act
of 1973 [29 U.S.C. 794], title IX of the Education
Amendments of 1972 [20 U.S.C. 1681 et seq.], the
Age Discrimination Act of 1975 [42 U.S.C. 6101 et
seq.], title VI of the Civil Rights Act of 1964 [42
U.S.C. 2000d et seq.], or the provisions of any
other Federal statute prohibiting discrimination
by recipients of Federal financial assistance.
(2) In a suit against a State for a violation of
a statute referred to in paragraph (1), remedies
(including remedies both at law and in equity)
are available for such a violation to the same
extent as such remedies are available for such a
violation in the suit against any public or pri-
vate entity other than a State.
(b) Effective date
The provisions of subsection (a) shall take ef-
fect with respect to violations that occur in
whole or in part after October 21, 1986.
(Pub. L. 99–506, title X, § 1003, Oct. 21, 1986, 100
Stat. 1845.)
Editorial Notes
REFERENCES IN
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2000e
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