Section 1 Short title
This Act may be cited as the “No Violent Criminals in the Federal Workforce Act”.
No Violent Criminals in the Federal Workforce Act
A BILL
To prohibit individuals convicted of crimes of violence from Federal employment and contracting with the Government, and for other purposes.
Sec. 2 Federal employment ineligibility for individuals convicted of crimes of violence
In general— Chapter 73 of title 5, United States Code, is amended by inserting after section 7313 the following new section:
“7314. Employment ineligibility for individuals convicted of crimes of violence
“(a) In general—An individual who is finally convicted by any Federal, State, or local court of competent jurisdiction of a crime of violence shall—
“(1) be ineligible to accept or hold any position in the civil service; and
“(2) if such individual is holding such a position on the date such conviction becomes a final conviction, be removed from such position.
“(b) Definitions—In this section:
“(1) Crime of violence—The term “crime of violence” has the meaning given such term in section 16 of title 18, United States Code, except that such term does not include an offense described in subsection (b) of such section.
“(2) Final conviction; finally convicted—The terms “final conviction” and “finally convicted” mean a conviction—
“(A) which has not been appealed and is no longer appealable because the time for taking an appeal has expired; or
“(B) which has been appealed and the appeals process for which is completed;”
Clerical amendment— The table of sections for chapter 73 of title 5, United States Code, is amended by inserting after the item relating to section 7313 the following new item:
Sec. 3 Federal contracting ineligibility for individuals convicted of crimes of violence
Prohibitions—
Prohibited contracts— The Federal Government may not enter into a contract with a covered individual or any entity in which a covered individual holds a covered position.
Prohibited work— The head of each agency shall include in any contract a clause that prohibits a covered individual from working on the contract.
Waiver— The Director of the Office of Management and Budget may grant a waiver with respect to a prohibition described in subsection (a) if the Director determines that the termination of the relevant contract or the prohibition on the work of the relevant covered individual would impose a unique or undue burden on the Federal Government.
Definitions— In this section:
Covered individual— The term “covered individual” means an individual who is finally convicted by any Federal, State, or local court of competent jurisdiction of a crime of violence.
Covered position— The term “covered position”, with respect to an entity, means—
a position in which an individual provides goods or services under a contract with the Federal Government;
a position in which an individual serves as an officer or director of the entity, including by serving on the board of directors of the entity; or
a controlling ownership interest in the entity.
Crime of violence— The term “crime of violence” has the meaning given to such term in section 16 of title 18, United States Code, except that such term does not include an offense described in subsection (b) of such section.
Finally convicted— The term “finally convicted” means a conviction—
which has not been appealed and is no longer appealable because the time for taking an appeal has expired; or
which has been appealed and the appeals process for which is completed.
Applicability— The prohibitions described in subsection (a) shall apply with respect to a contract entered into before, on, or after the date of the enactment of this Act.
Revisions required— Not later than 6 months after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to implement the provisions of this section.