Fair Chance Improvement Act
Bill: H.R.6419 | Sponsor: Rep. Ocasio-Cortez, Alexandria (D-NY)
Policy area: Government Operations and Politics

Summary:
Fair Chance Improvement Act
This bill revises provisions regarding the prohibition on federal contractors, including defense contractors, inquiring about applicants' criminal histories prior to conditional offers of employment.
The bill allows the Department of Labor to investigate compliance by a contractor by conducting a compliance evaluation. Currently, Labor investigates compliance pursuant to an applicant's complaint.
The bill also expands the sanctions that Labor may impose on a contractor with more than one violation of the prohibition.

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair Chance Improvement Act''.

SEC. 2. COMPLIANCE PROCEDURES FOR INVESTIGATING THE PROHIBITION ON 
              CRIMINAL HISTORY INQUIRIES 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 follows:
    ``(b) Compliance.--
            ``(1) Procedures for submission of complaint.--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 addition 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)--
                    (A) in paragraph (1)--
                            (i) by striking ``head of an executive 
                        agency'' and inserting ``Secretary of Labor'';
                            (ii) by inserting ``, based upon the 
                        results of a complaint investigation or 
                        compliance evaluation conducted by the 
                        Secretary 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 
                        inserting ``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 
                        results of a complaint investigation or 
                        compliance evaluation conducted by the 
                        Secretary 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 
                        inserting ``the Secretary of Labor'';
                            (iv) by inserting ``as may be necessary'' 
                        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 opportunity) and section 
                60-1.27 of title 41, Code of Federal Regulations (or 
                any successor regulation).''.
    (b) Defense Contracts.--Section 2339 of title 10, United States 
Code, is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) Compliance.--
            ``(1) Procedures for submission of complaint.--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 addition 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)--
                    (A) in paragraph (1)--
                            (i) by striking ``head of an executive 
                        agency'' and inserting ``Secretary of Labor'';
                            (ii) by inserting ``, based upon the 
                        results of a complaint investigation or 
                        compliance evaluation conducted by the 
                        Secretary 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 
                        inserting ``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 
                        results of a complaint investigation or 
                        compliance evaluation conducted by the 
                        Secretary 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 
                        inserting ``the Secretary of Labor'';
                            (iv) by inserting ``as may be necessary'' 
                        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 opportunity) and section 
                60-1.27 of title 41, Code of Federal Regulations (or 
                any successor regulation).''.
    (c) Effective Date.--This Act, and the amendments made by this Act, 
shall apply with respect to contracts awarded on or after December 20, 
2022.
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