[Congressional Record Volume 163, Number 58 (Tuesday, April 4, 2017)]
[Senate]
[Pages S2366-S2367]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BOOKER (for himself, Mr. Johnson, Ms. Baldwin, Mrs. Ernst, 
        Mr. Brown, and Mr. Portman):
  S. 842. A bill to prohibit Federal agencies and Federal contractors 
from requesting that an applicant for employment disclose criminal 
history record information before the applicant has received a 
conditional offer, and for other purposes; to the Committee on Homeland 
Security and Governmental Affairs.
  Mr. BOOKER. Mr. President, I rise today to introduce the Fair Chance 
to Compete for Jobs Act of 2017, also known as the Fair Chance Act. 
This criminal justice reform bill is designed to help returning 
citizens successfully obtain jobs and reintegrate into society. As the 
nation's largest employer, it is time the Federal Government leads by 
example and delays the criminal history inquiry until later in the 
hiring process. I thank Senator Johnson for his leadership on the Fair 
Chance Act, and I deeply appreciate Senators Baldwin, Ernst, Brown, and 
Portman for joining the bill as original cosponsors.
  Everyone deserves the dignity of work and the opportunity for a 
second chance to earn a living. But far too many Americans who return 
home from behind bars have to disclose convictions on their initial 
employment application or initial job interview that often serve as 
insurmountable barriers to employment. This legislation would ensure 
that people with convictions--who have paid their debt to society and 
want to turn their lives around--have a fair chance to work.
  By encouraging Federal employers to focus on an individual's 
qualifications and merit and not solely on past mistakes, the Fair 
Chance Act would remove burdensome and unnecessary obstacles that 
prevent formerly incarcerated people from reaching their full potential 
and contributing to society. It would also help reduce recidivism, 
combat poverty, and prevent violence in our communities by helping 
people get back to work.
  Creating employment opportunities for our returning citizens benefits 
public safety. With little hope of obtaining a decent paying job, 
returning citizens are often left with few options but to return to a 
life of crime. A 2011 study in the Justice Quarterly concluded that the 
lack of employment was the single most negative determinant of 
recidivism. A report by the Bureau of Justice Statistics found that of 
the over 400,000 State prisoners released in 2005, 67.8 percent of them 
were rearrested within 3 years of their release, and 76.6 percent were 
rearrested within 5 years of their release.
  Creating employment opportunities for our returning citizens 
strengthens our economy. Poor job prospects for people with records 
reduced our Nation's gross domestic product in 2008 between $57 billion 
and $65 billion. With an increasingly competitive global economy and to 
maintain America's competitive advantage, we must promote employment of 
all Americans.
  Today, I introduce the Fair Chance Act, which would help eliminate 
barriers to employment for formerly incarcerated people and bring 
America closer to truly being a land of opportunity for all. It would 
preclude the federal government--including the executive, legislative, 
and judicial

[[Page S2367]]

branches--from requesting criminal history information from applicants 
until they reach the conditional offer stage.
  This bill strikes the right balance. It would allow qualified people 
with criminal records to get their foot in the door and be judged on 
their own merit. At the same time, the legislation would allow 
employers to know an individual's criminal history before the job 
applicant is hired.
  This bill would prohibit federal contractors from requesting criminal 
history information from candidates for positions within the scope of 
Federal contracts until a conditional job offer has been extended. 
Companies that do business with the Federal Government and receive 
Federal funds should espouse good hiring practices. The Fair Chance Act 
would permit Federal contractors to inquire about criminal history 
earlier in the hiring process if the job requires a candidate to access 
classified information.
  The bill includes exceptions for sensitive positions where criminal 
history inquiries are necessary earlier in the application process. 
Exceptions include positions involving classified information, 
sensitive national security duties, armed forces, and law enforcement 
jobs, and jobs where criminal history information is legally required.
  Finally, the Fair Chance Act would require the Bureau of Justice 
Statistics, in coordination with the U.S. Census Bureau, to report to 
Congress on the employment statistics of returning citizens. Currently, 
no comprehensive tracking of data on the employment histories of people 
with convictions exists. This provision would change that and allow us 
to better understand the scope of the problem people with convictions 
face when trying to find a job.
  I am proud to reintroduce the Fair Chance Act. I want to again thank 
the bill cosponsors and their leadership on this issue. I urge this 
legislation's speedy passage.
                                 ______