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OPM | RIN: 3206-AO00 | Publication ID: Spring 2023 |
Title: Fair Chance to Compete for Jobs | |
Abstract:
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. |
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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:
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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. |
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Timetable:
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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 Workforce Policy and Innovation Office of Personnel Management 1900 E Street NW, Washington, DC 20415 Phone:202 936-3261 Fax:202 606-2329 Email: michael.gilmore@opm.gov Lisa Loss Suitability and Credentialing Executive Agent Programs Office of Personnel Management 1900 E Street NW, Washington, DC 20415-8200 Phone:202 606-0960 Email: lisa.loss@opm.gov Tim Curry Workforce Policy and Innovation Office of Personnel Management 1900 E Street NW, Washington, DC 20415 Phone:202 606-2930 Email: employeeaccountability@opm.gov |