Sec. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMINAL HISTORY INQUIRIES
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## SEC. 207 RIGHTS AND PROTECTIONS RELATING TO CRIMINAL HISTORY INQUIRIES **[**[2 U.S.C. 1316b](/us/usc/t2/s1316b)**]** ###
(a)Definitions In this section, the terms “**agency**”, “**criminal history record information**”, and “**suspension**” have the meanings given the terms in section 9201 of title 5, United States Code, except as otherwise modified by this section. ###
(b)Restrictions on Criminal History Inquiries ####
(1)In general #####
(A)In general Except as provided in subparagraph (B), an employee of an employing office may not request that an applicant for employment as a covered employee disclose criminal history record information if the request would be prohibited under section 9202 of title 5, United States Code, if made by an employee of an agency. #####
(B)Conditional offer For purposes of applying that section 9202 under subparagraph (A), a reference in that section 9202 to a conditional offer shall be considered to be an offer of employment as a covered employee that is conditioned upon the results of a criminal history inquiry. ####
(2)Rules of construction The provisions of section 9206 of title 5, United States Code, shall apply to employing offices, consistent with regulations issued under subsection (d). ###
(c)Remedy ####
(1)In general The remedy for a violation of subsection (b)(1) shall be such remedy as would be appropriate if awarded under section 9204 of title 5, United States Code, if the violation had been committed by an employee of an agency, consistent with regulations issued under subsection (d), except that the reference in that section to a suspension shall be considered to be a suspension with the level of compensation provided for a covered employee who is taking unpaid leave under section 202. ####
(2)Process for obtaining relief An applicant for employment as a covered employee who alleges a violation of subsection (b)(1) may rely on the provisions of title IV (other than section 407 or 408, or a provision of this title that permits a person to obtain a civil action or judicial review), consistent with regulations issued under subsection (d). ###
(d)Regulations to Implement Section ####
(1)In general Not later than 18 months after the date of enactment of the Fair Chance to Compete for Jobs Act of 2019, the Board shall, pursuant to section 304, issue regulations to implement this section. ####
(2)Parallel with agency regulations The regulations issued under paragraph
(1)shall be the same as substantive regulations issued by the Director of the Office of Personnel Management under section 52(b)(1) of the Fair Chance to Compete for Jobs Act of 2019 to implement the statutory provisions referred to in subsections
(a)through
(c)except to the extent that the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section. 5So in law. The reference to “section 2(b)(1)” should be a reference to “section 1122(b)(1)”. ###
(e)Effective Date Section 102(a)(12) and subsections
(a)through
(c)shall take effect on the date on which section 9202 of title 5, United States Code, applies with respect to agencies.
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Sec. 207
RIGHTS AND PROTECTIONS RELATING TO CRIMINAL HISTORY INQUIRIES
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