I 

117TH CONGRESS 

2D SESSION H. R. 6419 

To amend title 10 and title 41, United States Code, to amend the compliance 

procedures for the prohibition on criminal history inquiries by Federal 

contractors prior to conditional offers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 18, 2022 

Ms. OCASIO-CORTEZ (for herself and Ms. MACE) introduced the following bill; 

which was referred to the Committee on Oversight and Reform, and in 

addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title 10 and title 41, United States Code, to 

amend the compliance procedures for the prohibition on 

criminal history inquiries by Federal contractors prior 

to conditional offers, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair Chance Improve5 ment Act’’. 


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1 SEC. 2. COMPLIANCE PROCEDURES FOR INVESTIGATING 

2 THE PROHIBITION ON CRIMINAL HISTORY IN3 QUIRIES BY FEDERAL CONTRACTORS PRIOR 

4 TO CONDITIONAL OFFER. 

5 (a) CIVILIAN AGENCY CONTRACTS.—Section 4714(b) 

6 of title 41, United States Code, is amended— 

7 (1) by amending subsection (b) to read as fol8 lows: 

9 ‘‘(b) COMPLIANCE.— 

10 ‘‘(1) PROCEDURES FOR SUBMISSION OF COM11 PLAINT.—The Secretary of Labor shall establish, 

12 and make available to the public, procedures under 

13 which an applicant for a position with a Federal 

14 contractor may submit to the Secretary a complaint, 

15 or any other information, relating to compliance by 

16 the contractor with subsection (a)(1)(B). 

17 ‘‘(2) INVESTIGATION OF COMPLIANCE.—In ad18 dition to the authority to investigate compliance by 

19 a contractor with subsection (a)(1)(B) pursuant to a 

20 complaint submitted under paragraph (1) of this 

21 subsection, the Secretary of Labor may investigate 

22 compliance with subsection (a)(1)(B) in conducting 

23 a compliance evaluation under section 60–1.20, 60– 

24 300.60, or 60–741.60 of title 41, Code of Federal 

25 Regulations (or any successor regulation).’’; and 

26 (2) in subsection (c)— 


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1 (A) in paragraph (1)— 

2 (i) by striking ‘‘head of an executive 

3 agency’’ and inserting ‘‘Secretary of 

4 Labor’’; 

5 (ii) by inserting ‘‘, based upon the re6 sults of a complaint investigation or com7 pliance evaluation conducted by the Sec8 retary of Labor under section 60–1.20, 

9 60–300.60, or 60–741.60 of title 41, Code 

10 of Federal Regulations (or any successor 

11 regulation)’’ after ‘‘determines’’; 

12 (iii) by striking ‘‘such head’’ and in13 serting ‘‘the Secretary of Labor’’; and 

14 (iv) in subparagraph (C), by striking 

15 ‘‘warning’’ and inserting ‘‘notice’’; and 

16 (B) in paragraph (2)— 

17 (i) by striking ‘‘head of an executive 

18 agency’’ and inserting ‘‘Secretary of 

19 Labor’’; 

20 (ii) by inserting ‘‘, based upon the re21 sults of a complaint investigation or com22 pliance evaluation conducted by the Sec23 retary of Labor under section 60–1.20, 

24 60–300.60, or 60–741.60 of title 41, Code 


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1 of Federal Regulations (or any successor 

2 regulation),’’ after ‘‘determines’’; 

3 (iii) by striking ‘‘such head’’ and in4 serting ‘‘the Secretary of Labor’’; 

5 (iv) by inserting ‘‘as may be nec6 essary’’ after ‘‘Federal agencies’’; and 

7 (v) by striking subparagraph (C) and 

8 inserting the following: 

9 ‘‘(C) taking an action to impose a sanction 

10 described under section 202(7) of Executive 

11 Order 11246 (related to equal employment op12 portunity) and section 60–1.27 of title 41, Code 

13 of Federal Regulations (or any successor regu14 lation).’’. 

15 (b) DEFENSE CONTRACTS.—Section 2339 of title 10, 

16 United States Code, is amended— 

17 (1) by amending subsection (b) to read as fol18 lows: 

19 ‘‘(b) COMPLIANCE.— 

20 ‘‘(1) PROCEDURES FOR SUBMISSION OF COM21 PLAINT.—The Secretary of Labor shall establish, 

22 and make available to the public, procedures under 

23 which an applicant for a position with a Federal 

24 contractor may submit to the Secretary a complaint, 


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1 or any other information, relating to compliance by 

2 the contractor with subsection (a)(1)(B). 

3 ‘‘(2) INVESTIGATION OF COMPLIANCE.—In ad4 dition to the authority to investigate compliance by 

5 a contractor with subsection (a)(1)(B) pursuant to a 

6 complaint submitted under paragraph (1) of this 

7 subsection, the Secretary of Labor may investigate 

8 compliance with subsection (a)(1)(B) in conducting 

9 a compliance evaluation under section 60–1.20, 60– 

10 300.60, or 60–741.60 of title 41, Code of Federal 

11 Regulations (or any successor regulation).’’; and 

12 (2) in subsection (c)— 

13 (A) in paragraph (1)— 

14 (i) by striking ‘‘head of an executive 

15 agency’’ and inserting ‘‘Secretary of 

16 Labor’’; 

17 (ii) by inserting ‘‘, based upon the re18 sults of a complaint investigation or com19 pliance evaluation conducted by the Sec20 retary of Labor under section 60–1.20, 

21 60–300.60, or 60–741.60 of title 41, Code 

22 of Federal Regulations (or any successor 

23 regulation)’’ after ‘‘determines’’; 

24 (iii) by striking ‘‘such head’’ and in25 serting ‘‘the Secretary of Labor’’; and 


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1 (iv) in subparagraph (C), by striking 

2 ‘‘warning’’ and inserting ‘‘notice’’; and 

3 (B) in paragraph (2)— 

4 (i) by striking ‘‘head of an executive 

5 agency’’ and inserting ‘‘Secretary of 

6 Labor’’; 

7 (ii) by inserting ‘‘, based upon the re8 sults of a complaint investigation or com9 pliance evaluation conducted by the Sec10 retary of Labor under section 60–1.20, 

11 60–300.60, or 60–741.60 of title 41, Code 

12 of Federal Regulations (or any successor 

13 regulation),’’ after ‘‘determines’’; 

14 (iii) by striking ‘‘such head’’ and in15 serting ‘‘the Secretary of Labor’’; 

16 (iv) by inserting ‘‘as may be nec17 essary’’ after ‘‘Federal agencies’’; and 

18 (v) by striking subparagraph (C) and 

19 inserting the following: 

20 ‘‘(C) taking an action to impose a sanction 

21 described under section 202(7) of Executive 

22 Order 11246 (related to equal employment op23 portunity) and section 60–1.27 of title 41, Code 

24 of Federal Regulations (or any successor regu25 lation).’’. 


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1 (c) EFFECTIVE DATE.—This Act, and the amend2 ments made by this Act, shall apply with respect to con3 tracts awarded on or after December 20, 2022. 

Æ 


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