Sec. 502. Criminal justice barriers
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/bill/117/hr/6492/ih/section-502A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Application for appointment in the civil service in any position that would be considered to be employment in a climate resilience sector if such position was with a private employer shall be subject to the provisions of section 9202 of title 5, United States Code. If an offer of such an appointment in the civil service has been made to an applicant, any record of conviction of such applicant may not be taken into account thereafter for purposes of such an appointment, except as provided in subparagraph (C).
Subparagraph does not apply to the extent— a record of conviction was entered not earlier than 5 years prior to the date of application; and the offense for which such record of conviction was entered would have a specific and particularized effect on the ability of the person to discharge the duties of the position. In the case of an applicant whose offer is revoked pursuant to a determination that the exception set forth in subparagraph
(C)applies the following shall apply: The appointing authority shall provide the applicant a written copy of any background report, and shall identify each item in the report that the authority has determined pertains to the ability of the applicant to discharge the duties of the position sought, and a written justification of that determination. For a period of 60 days beginning on the date of the receipt of the materials under clause (i), an applicant may submit a written disputation of the accuracy of the criminal record and provide mitigating evidence or evidence of rehabilitation. If, after reviewing the submission under clause (ii), the authority determines that the record disqualifies the applicant, the authority shall send a letter notifying the applicant of that determination, and explaining the reasons for that determination. Section 4714 of title 41, United States Code, is amended— in subsection (a)(1)— in subparagraph (A), by striking and ; in subparagraph (B), by striking the period at the end and inserting ; and ; and by inserting after subparagraph
(B)the following: shall require, as a condition of receiving a Federal contract for work in a climate resilience sector (as such term is defined section 7 of the Climate Resilience Workforce Act ) and receiving payments under such contract that the contractor comply with the requirements of subsection (d). ; by redesignating subsection
(d)as subsection (e); and by inserting after subsection
(c)the following: The requirements under this subsection are as follows: A contractor may not conduct any inquiry into the criminal history of an applicant prior to making a determination to make a conditional offer. In the case of a contractor who determines to revoke a conditional offer to an applicant because of that applicant’s criminal record, the contractor shall submit a written justification of each such decision to the contractor monitor on a quarterly basis. The contractor may not subsequently revoke the conditional offer solely on the basis of a conviction— that is over 5 years old; and that is for an offense that would not have a specific and particularized effect on the ability of the applicant to discharge the duties of the position. Before a final decision on whether to extend an offer of employment, the contractor shall provide the applicant a written copy of any background report, and shall identify each item in the report that the contractor has determined pertains to the ability of the applicant to discharge the duties of the position sought, and a written justification of that determination. For a period of 60 days beginning on the date of the receipt of the materials under paragraph (4), an applicant may submit to the contractor a written disputation of the accuracy of the criminal record and provide mitigating evidence or evidence of rehabilitation. Such submission may also include any relevant legal or other information contextualizing or characterizing such criminal record. If, after reviewing the submission under paragraph (5), the contractor determines that the record disqualifies the applicant, the employer shall send a letter notifying the applicant of that determination, and explaining the reasons for that determination. . Section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 21 U.S.C. 862a ) is repealed. In this subsection— the term State has the meaning given the term in section 115(e) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 21 U.S.C. 862a(e) ) (as in effect on the day before the date of enactment of this Act); and the term TANF assistance or SNAP benefits means assistance or benefits referred to in section 115(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (as in effect on the day before the date of enactment of this Act). Any law enacted by a State under the authority under subparagraph
(A)or
(B)of subsection (d)(1) of section 115 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 21 U.S.C. 862a ), and any State law, policy, or regulation that imposes conditions on eligibility for the supplemental nutrition assistance program and temporary assistance for needy families program based on an individual’s conviction of an offense related to a controlled substance, shall have no force or effect. Section 3(m)(5) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(m)(5) ) is amended by adding at the end the following: Incarcerated individuals who are scheduled to be released from an institution within 30 days. .
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