[Congressional Record Volume 162, Number 84 (Thursday, May 26, 2016)]
[Senate]
[Pages S3336-S3339]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4337. Mr. BOOKER (for himself, Mr. Johnson, Ms. Baldwin, Mrs.
Ernst, Mr. Brown, Mr. Portman, and Mr. Peters) submitted an amendment
intended to be proposed by him to the bill S. 2943, to authorize
appropriations for fiscal year 2017 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle J--Fair Chance Act
SEC. 1097. SHORT TITLE.
This subtitle may be cited as the ``Fair Chance to Compete
for Jobs Act of 2016'' or the ``Fair Chance Act''.
SEC. 1098. PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO
CONDITIONAL OFFER FOR FEDERAL EMPLOYMENT.
(a) In General.--Subpart H of part III of title 5, United
States Code, is amended by adding at the end the following:
``CHAPTER 92--PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO
CONDITIONAL OFFER
``Sec.
``9201. Definitions.
``9202. Limitations on requests for criminal history record
information.
``9203. Agency policies; whistleblower complaint procedures.
[[Page S3337]]
``9204. Adverse action.
``9205. Procedures.
``9206. Rules of construction.
``Sec. 9201. Definitions
``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 subparagraph (B), 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, regardless of whether the
information is accessible by State and local criminal justice
agencies for the purpose of conducting background checks; 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.
``Sec. 9202. Limitations on requests for criminal history
record information
``(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), including through the USAJOBS Internet Web site 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); 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, access to
sensitive information, or managing financial transactions.
``(B) Compliance with civil rights laws.--The regulations
issued under subparagraph (A) 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 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.
``Sec. 9203. Agency policies; complaint procedures
``The Director of the Office of Personnel Management
shall--
``(1) develop, implement, and publish a policy to assist
employees of agencies in complying with section 9202 and the
regulations issued pursuant to such section; and
``(2) establish and publish procedures under which an
applicant for an appointment to a position in the civil
service may submit a complaint, or any other information,
relating to compliance by an employee of an agency with
section 9202.
``Sec. 9204. Adverse action
``(a) First Violation.--If the Director of the Office of
Personnel Management determines, after notice and an
opportunity for a hearing on the record, that an employee of
an agency has violated section 9202, the Director shall--
``(1) issue to the employee a written warning that includes
a description of the violation and the additional penalties
that may apply for subsequent violations; and
``(2) file such warning in the employee's official
personnel record file.
``(b) Subsequent Violations.--If the Director of the Office
of Personnel Management determines, after notice and an
opportunity for a hearing on the record, that an employee
that was subject to subsection (a) has committed a subsequent
violation of section 9202, the Director may take the
following action:
``(1) For a second violation, suspension of the employee
for a period of not more than 7 days.
``(2) For a third violation, suspension of the employee for
a period of more than 7 days.
``(3) For a fourth violation--
``(A) suspension of the employee for a period of more than
7 days; and
``(B) a civil penalty against the employee in an amount
that is not more than $250.
``(4) For a fifth violation--
``(A) suspension of the employee for a period of more than
7 days; and
``(B) a civil penalty against the employee in an amount
that is not more than $500.
``(5) For any subsequent violation--
``(A) suspension of the employee for a period of more than
7 days; and
``(B) a civil penalty against the employee in an amount
that is not more than $1,000.
``Sec. 9205. Procedures
``(a) Appeals.--The Director of the Office of Personnel
Management shall by rule establish procedures providing for
an appeal from any adverse action taken under section 9204 by
not later than 30 days after the date of the action.
``(b) Applicability of Other Laws.--An adverse action taken
under section 9204 (including a determination in an appeal
from such an action under subsection (a) of this section)
shall not be subject to--
``(1) the procedures under chapter 75; or
``(2) except as provided in subsection (a) of this section,
appeal or judicial review.
``Sec. 9206. Rules of construction
``Nothing in this chapter may be construed to--
``(1) authorize any officer or employee of an agency to
request the disclosure of information described under
subparagraphs (B) and (C) of section 9201(4);
``(2) create a private right of action for any person; or
``(3) prohibit an agency from procuring a consumer report
(as defined in section 603 of the Fair Credit Reporting Act
(15 U.S.C. 1681a)) furnished by a consumer reporting agency
(as defined in such section 603) in accordance with that
Act.''.
(b) Regulations; Effective Date.--
(1) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Director of the Office of
Personnel Management shall issue such regulations as are
necessary to carry out chapter 92 of title 5, United States
Code (as added by this subtitle).
(2) Effective date.--Section 9202 of title 5, United States
Code (as added by this subtitle), shall take effect on the
date that is 2 years after the date of enactment of this Act.
(c) Technical and Conforming Amendment.--The table of
chapters for part III of title 5, United States Code, is
amended by inserting after the item relating to chapter 91
the following:
``92. Prohibition on criminal history inquiries prior to conditional
offer...................................................9201''.....
(d) Application to Legislative Branch.--
(1) In general.--The Congressional Accountability Act of
1995 (2 U.S.C. 1301 et seq.) is amended--
(A) in section 102(a) (2 U.S.C. 1302(a)), by adding at the
end the following:
``(12) Section 9202 of title 5, United States Code.'';
(B) by redesignating section 207 (2 U.S.C. 1317) as section
208; and
(C) by inserting after section 206 (2 U.S.C. 1316) the
following new section:
``SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMINAL
HISTORY INQUIRIES.
``(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
[[Page S3338]]
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 sections 404(2), 407, and 408), 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
2016, 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 1098(b)(1) of the Fair Chance to
Compete for Jobs Act of 2016 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.
``(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.''.
(2) Clerical amendment.--The table of contents of such Act
is amended--
(A) by redesignating the item relating to section 207 as
the item relating to section 208; and
(B) by inserting after the item relating to section 206 the
following new item:
``Sec. 207. Rights and protections relating to criminal history
inquiries.''.
(e) Application to Judicial Branch.--
(1) In general.--Section 604 of title 28, United States
Code, is amended by adding at the end the following:
``(i) Restrictions on Criminal History Inquiries.--
``(1) Definitions.--In this subsection--
``(A) the terms `agency' and `criminal history record
information' have the meanings given those terms in section
9201 of title 5;
``(B) the term `covered employee' means an employee of the
judicial branch of the United States Government, other than--
``(i) any judge or justice who is entitled to hold office
during good behavior;
``(ii) a United States magistrate judge; or
``(iii) a bankruptcy judge; and
``(C) the term `employing office' means any office or
entity of the judicial branch of the United States Government
that employs covered employees.
``(2) Restriction.--A covered employee 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 if made by an
employee of an agency.
``(3) Employing office policies; complaint procedure.--The
provisions of sections 9203 and 9206 of title 5 shall apply
to employing offices and to applicants for employment as
covered employees, consistent with regulations issued by the
Director to implement this subsection.
``(4) Adverse action.--
``(A) Adverse action.--The Director may take such adverse
action with respect to a covered employee who violates
paragraph (2) as would be appropriate under section 9204 of
title 5 if the violation had been committed by an employee of
an agency.
``(B) Appeals.--The Director shall by rule establish
procedures providing for an appeal from any adverse action
taken under subparagraph (A) by not later than 30 days after
the date of the action.
``(C) Applicability of other laws.--Except as provided in
subparagraph (B), an adverse action taken under subparagraph
(A) (including a determination in an appeal from such an
action under subparagraph (B)) shall not be subject to appeal
or judicial review.
``(5) Regulations to be issued.--
``(A) In general.--Not later than 18 months after the date
of enactment of the Fair Chance to Compete for Jobs Act of
2016, the Director shall issue regulations to implement this
subsection.
``(B) Parallel with agency regulations.--The regulations
issued under subparagraph (A) shall be the same as
substantive regulations promulgated by the Director of the
Office of Personnel Management under section 1098(b)(1) of
the Fair Chance to Compete for Jobs Act of 2016 except to the
extent that the Director of the Administrative Office of the
United States Courts 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
subsection.
``(6) Effective date.--Paragraphs (1) through (4) shall
take effect on the date on which section 9202 of title 5
applies with respect to agencies.''.
SEC. 1099. PROHIBITION ON CRIMINAL HISTORY INQUIRIES BY
CONTRACTORS PRIOR TO CONDITIONAL OFFER.
(a) Civilian Agency Contracts.--
(1) In general.--Chapter 47 of title 41, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4713. Prohibition on criminal history inquiries by
contractors prior to conditional offer
``(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 or competitive proposal 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 2016,
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 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) Rules of Construction.--Nothing in this section may
be construed to--
``(1) prohibit an executive agency from procuring a
consumer report (as defined in section 603 of the Fair Credit
Reporting Act (15 U.S.C. 1681a)) furnished by a consumer
reporting agency (as defined in such section 603) in
accordance with that Act; or
``(2) authorize an executive agency to prohibit a
contractor, as a condition of receiving a Federal contract
and receiving payments under such contract, from procuring a
consumer report (as defined in section 603 of the Fair Credit
Reporting Act (15 U.S.C. 1681a)) furnished by a consumer
reporting agency (as defined in such section 603) in
accordance with that Act.
``(e) 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.
[[Page S3339]]
``(2) Criminal history record information.--The term
`criminal history record information' has the meaning given
that term in section 9201 of title 5.''.
(2) Clerical amendment.--The table of sections of chapter
47 of such title is amended by inserting after the item
relating to section 4712 the following new item:
``4713. Prohibition on criminal history inquiries by contractors prior
to conditional offer.''.
(3) Effective date.--Section 4713(a) of title 41, United
States Code, as added by paragraph (1), shall apply with
respect to contracts awarded pursuant to solicitations issued
after the effective date described in section 1098(b)(2) of
this subtitle.
(b) Defense Contracts.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2338. Prohibition on criminal history inquiries by
contractors prior to conditional offer
``(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 or competitive proposal 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 2016,
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.
``(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 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 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).
``(c) Action for Violations of Prohibition on Criminal
History Inquiries.--
``(1) First violation.--If the Secretary of Defense
determines that a contractor has violated subsection
(a)(1)(B), the Secretary 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 violations.--If the Secretary of Defense
determines that a contractor that was subject to paragraph
(1) has committed a subsequent violation of subsection
(a)(1)(B), the Secretary 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) Rules of Construction.--Nothing in this section may
be construed to--
``(1) prohibit an agency from procuring a consumer report
(as defined in section 603 of the Fair Credit Reporting Act
(15 U.S.C. 1681a)) furnished by a consumer reporting agency
(as defined in such section 603) in accordance with that Act;
or
``(2) authorize an agency to prohibit a contractor, as a
condition of receiving a Federal contract and receiving
payments under such contract, from procuring a consumer
report (as defined in section 603 of the Fair Credit
Reporting Act (15 U.S.C. 1681a)) furnished by a consumer
reporting agency (as defined in such section 603) in
accordance with that Act.
``(e) 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.''.
(2) Effective date.--Section 2338(a) of title 10, United
States Code, as added by paragraph (1), shall apply with
respect to contracts awarded pursuant to solicitations issued
after the effective date described in section 1098(b)(2) of
this subtitle.
(3) Clerical amendment.--The table of sections at the
beginning of chapter 137 of such title is amended by
inserting after the item relating to section 2337 the
following new item:
``2338. Prohibition on criminal history inquiries by contractors prior
to conditional offer.''.
(c) Revisions to Federal Acquisition Regulation.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Federal Acquisition Regulatory
Council shall revise the Federal Acquisition Regulation to
implement section 4713 of title 41, United States Code, and
section 2338 of title 10, United States Code, as added by
this section.
(2) Consistency with office of personnel management
regulations.--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 1098(b)(1) 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.
SEC. 1099A. REPORT ON EMPLOYMENT OF INDIVIDUALS FORMERLY
INCARCERATED IN FEDERAL PRISONS.
(a) Definition.--In this section, the term ``covered
individual''--
(1) means an individual who has completed a term of
imprisonment in a Federal prison for a Federal criminal
offense; and
(2) does not include an alien who is or will be removed
from the United States for a violation of the immigration
laws (as such term is defined in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101)).
(b) Study and Report Required.--The Director of the Bureau
of Justice Statistics, in coordination with the Director of
the Bureau of the Census, shall--
(1) not later than 6 months after the date of enactment of
this Act, design and initiate a study on the employment of
covered individuals after their release from Federal prison,
including by collecting--
(A) demographic data on covered individuals, including
race, age, and sex; and
(B) data on employment and earnings of covered individuals
who are denied employment, including the reasons for the
denials; and
(2) not later than 2 years after the date of enactment of
this Act, and every 5 years thereafter, submit a report that
does not include any personally identifiable information on
the study conducted under paragraph (1) to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(C) the Committee on Oversight and Government Reform of the
House of Representatives; and
(D) the Committee on Education and the Workforce of the
House of Representatives.
______