View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

OPM RIN: 3206-AO00 Publication ID: Fall 2022 
Title: Fair Chance to Compete for Jobs 

The Office of Personnel Management (OPM) is finalizing rules pertaining to when, during the hiring process, a hiring agency can request information typically collected during a background investigation from an applicant for Federal employment.  This rule establishes requirements for the timing of collection of criminal history information and for governing complaint procedures under which an applicant for a position in the civil service may submit a complaint, or any other information, relating to compliance by an employee of an agency in reference to the timing of collection of criminal history information.  Finally, the rule outlines adverse action procedures that will apply when it is alleged that an agency employee has violated the requirements and appeal procedures that will be available from a determination by OPM adverse to the Federal employee.

Agency: Office of Personnel Management(OPM)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 5 CFR 731    5 CFR 330    5 CFR 302    5 CFR 317    5 CFR 319    5 CFR 754    5 CFR 920    ...     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act), title XI, subtitle B of National Defense Authorization Act for Fiscal Year 2019    Pub. L. 116-92    5 U.S.C. secs. 9201 to 9206   
Legal Deadline:
Action Source Description Date
NPRM  Statutory    12/20/2020 

Overall Description of Deadline: The Fair Chance Act prohibits agencies from making inquiries or soliciting information concerning job applicant's criminal history record information prior to receipt of conditional offer. It requires OPM to publish regulations, covering the entire Executive civil service. Regulations must include position specific exceptions and a process for receiving and investigating complaints against Federal employees by applicants and specifies adverse actions for founded violations.

Action Date FR Cite
NPRM  04/27/2022  87 FR 24885   
NPRM Comment Period End  06/27/2022 
Final Action  02/00/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Michael Gilmore
Employee Services
Office of Personnel Management
1900 E Street NW,
Washington, DC 20415
Phone:202 606-0830
Fax:202 606-2329

Lisa Loss
Director, Suitability and Credentialing Executive Agent Programs
Office of Personnel Management
1900 E Street NW,
Washington, DC 20415-8200
Phone:202 606-0960

Tim Curry
Office of Personnel Management
1900 E Street NW,
Washington, DC 20415
Phone:202 606-2930