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 subse-
quently 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fair Chance Improve-
ment Act’’. 
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SEC. 2. COMPLIANCE PROCEDURES FOR INVESTIGATING 
THE PROHIBITION ON CRIMINAL HISTORY IN-
QUIRIES BY FEDERAL CONTRACTORS PRIOR 
TO CONDITIONAL OFFER. 
(a) CIVILIAN AGENCY CONTRACTS.—Section 4714(b) 
of title 41, United States Code, is amended— 
(1) by amending subsection (b) to read as fol-
lows: 
‘‘(b) COMPLIANCE.— 
‘‘(1) PROCEDURES FOR SUBMISSION OF COM-
PLAINT.—The Secretary of Labor shall establish, 
and make available to the public, procedures under 
which an applicant for a position with a Federal 
contractor may submit to the Secretary a complaint, 
or any other information, relating to compliance by 
the contractor with subsection (a)(1)(B). 
‘‘(2) INVESTIGATION OF COMPLIANCE.—In ad-
dition to the authority to investigate compliance by 
a contractor with subsection (a)(1)(B) pursuant to a 
complaint submitted under paragraph (1) of this 
subsection, the Secretary of Labor may investigate 
compliance with subsection (a)(1)(B) in conducting 
a compliance evaluation under section 60–1.20, 60– 
300.60, or 60–741.60 of title 41, Code of Federal 
Regulations (or any successor regulation).’’; and 
(2) in subsection (c)— 
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(A) in paragraph (1)— 
(i) by striking ‘‘head of an executive 
agency’’ 
and 
inserting 
‘‘Secretary 
of 
Labor’’; 
(ii) by inserting ‘‘, based upon the re-
sults of a complaint investigation or com-
pliance evaluation conducted by the Sec-
retary of Labor under section 60–1.20, 
60–300.60, or 60–741.60 of title 41, Code 
of Federal Regulations (or any successor 
regulation)’’ after ‘‘determines’’; 
(iii) by striking ‘‘such head’’ and in-
serting ‘‘the Secretary of Labor’’; and 
(iv) in subparagraph (C), by striking 
‘‘warning’’ and inserting ‘‘notice’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘head of an executive 
agency’’ 
and 
inserting 
‘‘Secretary 
of 
Labor’’; 
(ii) by inserting ‘‘, based upon the re-
sults of a complaint investigation or com-
pliance evaluation conducted by the Sec-
retary of Labor under section 60–1.20, 
60–300.60, or 60–741.60 of title 41, Code 
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of Federal Regulations (or any successor 
regulation),’’ after ‘‘determines’’; 
(iii) by striking ‘‘such head’’ and in-
serting ‘‘the Secretary of Labor’’; 
(iv) by inserting ‘‘as may be nec-
essary’’ after ‘‘Federal agencies’’; and 
(v) by striking subparagraph (C) and 
inserting the following: 
‘‘(C) taking an action to impose a sanction 
described under section 202(7) of Executive 
Order 11246 (related to equal employment op-
portunity) and section 60–1.27 of title 41, Code 
of Federal Regulations (or any successor regu-
lation).’’. 
(b) DEFENSE CONTRACTS.—Section 2339 of title 10, 
United States Code, is amended— 
(1) by amending subsection (b) to read as fol-
lows: 
‘‘(b) COMPLIANCE.— 
‘‘(1) PROCEDURES FOR SUBMISSION OF COM-
PLAINT.—The Secretary of Labor shall establish, 
and make available to the public, procedures under 
which an applicant for a position with a Federal 
contractor may submit to the Secretary a complaint, 
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(c) EFFECTIVE DATE.—This Act, and the amend-
ments made by this Act, shall apply with respect to con-
tracts awarded on or after December 20, 2022. 
Æ 
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